DIVORCE AND REMARRIAGE -- WHY DIDN'T WE SEE THIS BEFORE?
By Myron Horst
The research for this report began a number of years ago in an attempt to find out what God’s Word has to say about divorce and remarriage. Is divorce wrong? Is the adultery in remarriage an act or a state? In what cases are divorce and remarriage permitted? What place do divorced and remarried couples have in the Church? Can the church accept them the same as any other married couple? As I look at the interesting truths that I found in Scripture on divorce and remarriage, I have to ask myself, “Why didn’t we see this before?”
It is important that we know and understand what God's truth is about divorce and remarriage. The subject of divorce and remarriage has the potential to be a deciding factor of eternal life or death - Heaven or Hell for someone. One day each of us will be judged by Jesus Christ by God's Law; not the lower court’s (the local church’s) opinion of God’s Law. If the Church has said that a particular divorce and remarriage situation is not sin and God says it is sin, it is too late on Judgment Day for the one who was in that situation to find out God's truth, repent and be saved from hell.
Therefore, divorce and remarriage is a matter of eternity in heaven or hell: a subject of utmost importance for us to understand exactly what God has to say about it. Eternity in hell is too long to risk putting faith in the opinions and reasoning of others. We need to know what the truth is, and what God says is right and wrong.
Divorce and remarriage is a significant subject which many people, as well as the church, face. Many marriages are being severed by divorce. Today, the divorce rate is no different in the church than among the ungodly. Everyone has an opinion about it, and everyone is entitled to hold an opinion about divorce and remarriage. However, the personal opinions and human reasonings that others share tend to obscure what God says about divorce and remarriage. This is particularly true when a line of reasoning (that is in error) is stated by a number of well respected, highly educated Christian sources. When error is repeated as truth, the number of people who believe it to be truth increases. Those who believe that a particular erroneous line of reasoning is truth also see God's truth as error. God's truth on divorce and remarriage then does not make sense because it does not line up with what they have been told and with what they believe to be true.
We need to be like the Bereans and search the Bible for ourselves to see if what is being confidently stated as truth is truth. As I have checked out things that I have read or heard, I have found a lot of error being stated as truth in the church. People who I highly respected had not done the careful research that I thought they had. I also found that often they were relying on the writings of others rather than a careful study of the Bible.
The subject of divorce and remarriage has not been exhaustively studied in the Bible, even though it has been extensively studied and written about. The Bible is a rich gold mine of spiritual truth and there is even more to be learned. In fact I am still learning more as more and more of the puzzle pieces are revealed.
GOD HATES DIVORCE
On many doctrines, God speaks His will as clear, and sometimes more clearly, in the Old Testament than in the New Testament. We find this true on the doctrine of marriage and divorce. God hates divorce. God says in Malachi 2:16 that “He hateth putting away: for one covereth violence with his garment.” No only does God tell us that He hates divorce, but He says that divorcing one's spouse removes a person from fellowship with Him. He will not receive the worship of a person who has divorced their spouse. God says “And this have ye done again, covering the altar of the LORD with tears, with weeping, and with crying out, insomuch that he regardeth not the offering any more, or receiveth it with good will at your hand. Yet ye say, Wherefore? Because the LORD hath been witness between thee and the wife of thy youth, against whom thou hast dealt treacherously: yet is she thy companion, and the wife of thy covenant.” (Malachi 2:13,14)
We see from this passage in the Old Testament that divorce and remarriage is a serious matter. We see that God hates divorce. Not only does He hate divorce, but when a Christian divorces their spouse, it removes them from fellowship with God and He no longer receives their worship. Because God expresses His feelings so strongly about divorce, we need to be careful to correctly discern what God is saying on the doctrine of marriage, divorce, and remarriage, lest we be guilty of removing ourselves or others from fellowship with Him.
THOSE WHO CAN NEVER DIVORCE:
A couple who committed fornication together before they were married can never divorce. In Deuteronomy 22:28, 29 God says: “If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found; Then the man that lay with her shall give unto the damsel's father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days.” This passage is significant because it significantly limits what the phrase “saving for the cause of fornication” in Matt. 5:32 and Matt. 19:9 can mean. There is no exception for divorce and remarriage if the couple had sexual intercourse together before they were married.
HOW DIVORCE AND REMARRIAGE ARE SEPARATE EVENTS AND THEREFORE ARE TWO SEPARATE, ALTHOUGH RELATED ITEMS FOR DISCUSSION.
Many people view divorce and remarriage as one and the same for purposes of discussion. For instance, the assumption is often made that if a person living in a remarriage situation cannot be accepted as a member in the church, then a person who is divorced is not able to be able to be a member in the church either. When divorce and remarriage are viewed as one and the same, it significantly hinders one from understanding what God says about both divorce and remarriage. The assumption is often made that divorce makes a person single again and that remarriage is the purpose of divorce. Because remarriage is viewed as the purpose for divorce, they view divorce and remarriage as one and the same: if divorce is permitted then remarriage is also. However, this is not the case according to Scripture.
We will see that according to Scripture, divorce and remarriage need to be viewed as two separate events, and therefore as two separate, although related, items for discussion.
GOD MAKES THE MAN AND WOMAN ONE
Marriage is more than a marriage certificate from the civil government. In marriage, God makes the man and the woman one. God says about the being made one aspect in Malachi 2:15: “And did not he make one? Yet had he the residue of the spirit. And wherefore one? That he might seek a godly seed. Therefore take heed to your spirit, and let none deal treacherously against the wife of his youth.”
Jesus also stated that it is God who joins a man and woman together as one flesh in marriage: “And he answered and said unto them, Have ye not read, that he which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.'“ Matt. 19:4-6
Divorce is a legal action that the civil government (not God) has established. A couple may go to the church to get married, but they have to go to the civil government to get a divorce. The Church cannot grant a legal divorce. Although divorce can end the legal aspect of a marriage, it cannot end the “one” aspect of the marriage which God has joined together. Once divorce occurs, a person is not single again in God's judgment, and therefore not free to marry another person even if their first spouse has remarried. The “one” union with their spouse can only be ended by the death of one of the marriage partners. According to Jesus, a marriage cannot be ended by the legal proceedings of the court. There will be more on this later.
In the same passage in Malachi 2 where God states that he makes the man and woman one, God also clearly states that after divorce the marriage is still binding “yet is she thy companion, and the wife of thy covenant.” (Malachi 2:14) Divorce does not end the “one” aspect of the marriage that God joined together when they were married.
God also says, “So then if, while her husband liveth, she be married to another man, she shall be called an adulteress: but if her husband be dead, she is free from that law; so that she is no adulteress, though she be married to another man.” Romans 7:3.
WHAT IS THE ACT OR ACTION THAT IS ADULTERY IN REMARRIAGE?
Jesus makes it clear that adultery occurs in remarriage. This is stated clearly in the following passages:
“whosoever shall marry her that is divorced committeth adultery.” (Matt. 5:32);
“whoso marrieth her which is put away doth commit adultery” (Matt. 19:9);
“Whosoever shall put away his wife, and marry another, committeth adultery against her. And if a woman shall put away her husband, and be married to another, she committeth adultery.” (Mark. 10:11,12);
“Whosoever putteth away his wife, and marrieth another, committeth adultery: and whosoever marrieth her that is put away from her husband committeth adultery.” (Lk. 16:18);
“So then if, while her husband liveth, she be married to another man, she shall be called an adulteress: but if her husband be dead, she is free from that law; so that she is no adulteress, though she be married to another man.” (Rom. 7:3)
The term “adultery” is the Greek word “moichao” Strong's number 3429. In all the Greek lexicons (dictionaries) I checked there was only one definition given for this word and that is “to commit adultery”. Thayers adds, “to have unlawful intercourse with another's wife”
Webster's New Collegiate Dictionary also gives only one definition for the word adultery: “Voluntary sexual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband.”
Jesus added to this and stated that a man can commit the sin of adultery in the fantasy of his mind without the physical act taking place. Jesus said that for a man to desire in his mind to have sexual relations with another woman, that man commits adultery in his heart. Mt. 5:28: “But I say unto you, that whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart.” According to the definition for the Greek word for adultery that Jesus used, the act or action that is adultery in remarriage is voluntary sexual intercourse with a person whose first husband or wife is still alive. Adultery is not divorce, adulterating the marriage, nor the one time act of remarriage. Adultery is the sexual relations of the remarried couple the first time, and every time thereafter.
WHY DIVORCE IS NOT ADULTERY
Divorce is a serious act of defilement against the spirit and every other aspect of the marriage. But nowhere in the Bible does God say that divorce is adultery. There is no definition in any dictionary or Greek lexicon that says that the action of defiling the marriage is adultery. Adultery is voluntary sexual intercourse, either mentally or physically, where at least one of those involved is married to someone else. Defilement of a marriage is a consequence of adultery. But neither defiling a marriage nor divorce is adultery. Jesus makes it clear that adultery occurs in remarriage, not in divorce. “And whosoever marrieth her which is put away doth commit adultery.” Matt. 19:9b.
WHAT IS SIGNIFICANT ABOUT ADULTERY IN REMARRIAGE?
When Jesus said, “whosoever shall marry her that is divorced committeth adultery” (Matt. 5:32; Matt. 19:9) He said something significant that I did not see for a long time. When Jesus made that statement, He was stating that divorce does not end the first marriage. People have always assumed that divorce ends the first marriage, but Jesus said that it is not true. The sin of adultery can only occur if one or both of the persons involved is married. If neither of the persons are married the term adultery cannot be used. When Jesus said that “whosoever shall marry her that is divorced committeth adultery”, He was stating that when a man marries a divorced woman he is living with another man's wife and therefore is guilty of adultery. Divorce does not make a man or a woman single again. Divorce does not end a person's first marriage. That is why a person commits adultery when they marry and live with a divorced person.
Do you get the significance of Jesus’ use of the word adultery? Adultery could not occur in remarriage if divorce ended the first marriage. Adultery can only occur in remarriage because the divorced spouse is still married to their first marriage partner in Jesus’ judgment. (Jesus is the Judge we will stand before, for our hearing on Judgment Day and it is important that we understand our Judge’s reasoning and logic if we want to enter Heaven.)
The significance of the sin of adultery in remarriage is that divorce does not end a person's first marriage! God has joined the husband and wife together as one. “And he answered and said unto them, Have ye not read, that he which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.'“ Matt. 19:4-6. Man's civil action of divorce in the court system of this earth, does not end the “one flesh and one spirit” aspect of the marriage that God has joined together.
ADULTERY IN REMARRIAGE: AN ACT OR A STATE?
Is the adultery a one time act that occurs only on the day of remarriage or is the adultery the sexual union of the remarried man and woman throughout their marriage? This question is often phrased: “Is it (the sin of adultery) an act or a state?” Many would like to view the adultery in remarriage as a one time act because then the remarried couple can repent of their one time act and continue in their remarried state without separating or making any other changes. But is the adultery in remarriage only a one time act?
The term “commiteth” (adultery) in Matt. 19:9; and Matt. 5:32 is in the present indicative. Spiros Zodhiates states that “The present tense represents contemporaneous action, as opposed to action in the past or the future. It normally refers to continuous or repeated action. However, in the indicative mood. it may represent punctiliar action. The indicative mood is the only mood in which distinctions can regularly be made about the time when an action occurs. Examples: he will go, they had said, she saw.”1 Therefore, the phrase “commits adultery” may refer to a specific time when adultery occurs but it may also refer to continuous or repeated action of adultery. Some have used the present indicative definition to state that the adultery only occurs one time at marriage and does not occur after that. However that conclusion cannot be decisively made from the present indicative. Every act of adultery (sexual relations in remarriage) occurs at a specific point in time and all repeated acts of adultery occur at specific points in time. At the same time the present indicative does not indicate that the act of adultery cannot or does not occur again. There is the possibility with the present indicative that continuous or repeated action of adultery does occur.
God states that the sexual intercourse of a divorced and remarried couple is adultery. Therefore each time they have sexual intercourse they commit an act of adultery. As they continue to have sexual relations and there is no repentance, it becomes a state of adultery. Therefore, adultery in remarriage is both an act each time it occurs, and a continuing state of sinning. The action of remarriage is not adultery.
Both an act or a state of adultery, is sin. Either one bars one from fellowship with Jesus and from entering Heaven. One is guilty of sin before God until they have repented of the sin and stopped the sin. One cannot repent of the “act” adultery but continue in it and expect God to ignore the fact that they are continuing to commit adultery.
THE INTERESTING ILLUSTRATION OF GOD AND ISRAEL'S DIVORCE
To gain further insight into God's position on divorce and remarriage, I did a study on God divorcing Israel in the Old Testament. I discovered some interesting things that I had never seen before, that I believe clarifies some of what we wrestle with in the doctrine of marriage, divorce, and remarriage. Both in the Old Testament and in the New Testament God uses the analogy of marriage to describe His relationship with His people - in the Old Testament with Israel, and in the New Testament of Christ and the Church.
In Jeremiah 3 God states that He gave Israel a certificate of divorce. However at no point did that annul or end the covenant that He had made with the ten northern tribes of Israel even though Israel had married other gods. Jeremiah 3:1 says “They say, If a man put away his wife, and she go from him, and become another man's, shall he return unto her again? shall not that land be greatly polluted? but thou hast played the harlot with many lovers; yet return again to me, saith the LORD.” In spite of the command by Moses in Deut. 24:1-4 that a divorced woman could not return to her first husband, in Jer. 3:1 God says to Israel, “Yet return again to me.”
God infers that the instruction given in Deut. 24:1-4 on divorce and remarriage is not a command that He gave to Moses. God says in Jer. 3:1 “They say” not “I said” in referring to Deut. 24:1-4. He then goes on to ignore the command that a divorced woman may not return to her first husband by saying “yet return again to me.”
Jesus also implied that divorce and remarriage in Deut. 24:1-4 was something that Moses permitted because the people demanded it, but it was not a permission that God gave. Jesus said that from the beginning it was not so. In Matt. 19:8 Jesus said, “ Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so.” Jesus at no point indicated that Deut. 24:1-4 was a command that God gave to Moses. Hardness of heart is refusing to believe what God has said and is sin. Jesus could not endorse the excuse of hardness of heart as justification to do the opposite of what God had said.
In addition we see that divorce and remarriage did not end God's marriage covenant with Israel. In Jer. 3:1-8 God says: “ They say, If a man put away his wife, and she go from him, and become another man's, shall he return unto her again? shall not that land be greatly polluted? but thou hast played the harlot with many lovers; yet return again to me, saith the LORD. 2 Lift up thine eyes unto the high places, and see where thou hast not been lien with. In the ways hast thou sat for them, as the Arabian in the wilderness; and thou hast polluted the land with thy whoredoms and with thy wickedness. 3 Therefore the showers have been withholden, and there hath been no latter rain; and thou hadst a whore's forehead, thou refusedst to be ashamed. 4 Wilt thou not from this time cry unto me, My father, thou art the guide of my youth? 5 Will he reserve his anger for ever? will he keep it to the end? Behold, thou hast spoken and done evil things as thou couldest. 6 The LORD said also unto me in the days of Josiah the king, Hast thou seen that which backsliding Israel hath done? she is gone up upon every high mountain and under every green tree, and there hath played the harlot. 7 And I said after she had done all these things, Turn thou unto me. But she returned not. And her treacherous sister Judah saw it. 8 And I saw, when for all the causes whereby backsliding Israel committed adultery I had put her away, and given her a bill of divorce; yet her treacherous sister Judah feared not, but went and played the harlot also.”
God asks Israel to return. He says in V. 14 “For I am married unto you” (even after divorce and remarriage!) Jer. 3:12-14 “Go and proclaim these words toward the north, and say, Return, thou backsliding Israel, saith the LORD; and I will not cause mine anger to fall upon you: for I am merciful, saith the LORD, and I will not keep anger for ever. 13 Only acknowledge thine iniquity, that thou hast transgressed against the LORD thy God, and hast scattered thy ways to the strangers under every green tree, and ye have not obeyed my voice, saith the LORD. 14 Turn, O backsliding children, saith the LORD; for I am married unto you: and I will take you one of a city, and two of a family, and I will bring you to Zion:”
Ezekiel was younger than Jeremiah. Ezekiel wrote from captivity in Babylon after Israel's divorce. He testifies that God's covenant with Israel was not ended by divorce and remarriage. Ez. 20:40-44 “For in mine holy mountain, in the mountain of the height of Israel, saith the Lord GOD, there shall all the house of Israel, all of them in the land, serve me: there will I accept them, and there will I require your offerings, and the firstfruits of your oblations, with all your holy things. 41 I will accept you with your sweet savour, when I bring you out from the people, and gather you out of the countries wherein ye have been scattered; and I will be sanctified in you before the heathen. 42 And ye shall know that I am the LORD, when I shall bring you into the land of Israel, into the country for the which I lifted up mine hand to give it to your fathers. 43 And there shall ye remember your ways, and all your doings, wherein ye have been defiled; and ye shall lothe yourselves in your own sight for all your evils that ye have committed. 44 And ye shall know that I am the LORD, when I have wrought with you for my name's sake, not according to your wicked ways, nor according to your corrupt doings, O ye house of Israel, saith the Lord GOD.”
WHAT IS CLARIFIED ABOUT DIVORCE AND REMARRIAGE BY THE EXAMPLE OF GOD AND ISRAEL'S DIVORCE?
1. Neither divorce or remarriage ends the first marriage. God said to Israel after He had given her a certificate of divorce, “For I am married to you” (Jer. 3:14) Therefore, in remarriage adultery occurs as if there had been no divorce.
2. God indicates, and Jesus confirms, that Moses’ command allowing divorce and remarriage and prohibiting the returning to the first spouse after remarriage, was not a command that God gave to Moses. It is was something that Moses permitted because of the hardness of people's hearts, and is not one we are to follow, nor can we use it to justify divorce and remarriage. It was never God's will from the beginning. Matt. 19:8 “He saith unto them, Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so.”
3. God's desire is that the first marriage partners leave all other marriage partners, return, and be reconciled to each other. God said, “Yet return to me” (Jer. 3:1)
4. One must never give up hope that a wayward spouse will return.
FURTHER SCRIPTURAL EVIDENCE THAT THE FIRST MARRIAGE IS NOT ENDED BY DIVORCE
In looking at whether divorce nullifies the first marriage in God's eyes and therefore makes it permissible for a remarried couple to remain remarried, there are several additional passages of Scripture that indicate that divorce does not end a person's first marriage.
In Malachi 2, God indicates that even though divorce occurs that He still views them as married. In v.14 He states after the divorce has occurred “yet is she thy companion, and the wife of thy covenant.” God says here that divorce does not end the marriage covenant. After the divorce she is still his wife and companion.
Another passage is Mk. 6:17,18. This is the account of King Herod and Herodias. Even though Herod was not to marry the wife of his brother there is another observation here. The Jewish historian Josephus writing in the latter part of the first century AD tells us that Herodias was divorced from her first husband and had married Herod. This passage indicates that even though she was divorced and remarried she was still considered the wife of her first husband by God. “ It is not lawful for thee to have thy brother's wife.” If divorce nullified the first marriage in God's eyes, then it would not matter who she married after the divorce. She would no longer be the wife of anyone and it would not be possible for her to marry her husband's brother, because she would not have a husband to marry his brother. John the Baptist was killed by Herod and Herodias because he told them they needed to separate from their immoral remarriage relationship. It was not a message they wanted to hear! The first martyr in the New Testament was John the Baptist, because of the stance he took on a divorce and remarriage situation.
If remarriage had nullified the first marriage, Herod and Herodias would not have been living in sin. But, Herodias was divorced and remarried and they were living in sin.
HOW REMARRIAGE DOES NOT END THE FIRST MARRIAGE
There is not any example or teaching in Scripture that the act of remarriage ends the first marriage. Nor is there any place in the Bible where the making of a covenant with a second person ended the covenant with the first person. Jesus clearly stated that remarriage does not end the first marriage when He said “Whoever marries her who is divorced commits adultery.” The first marriage is not ended by remarriage. A person can commit adultery only with someone else's husband or wife. If both of the persons involved in sexual immorality are single it is fornication not adultery.
To say that remarriage ends the first marriage is to say that remarriage is the “divorce” from the first marriage. There is nothing that Jesus said that would indicate that remarriage was “divorce” from the first marriage. Romans 7:3 states clearly that remarriage does not end the first marriage and that only death ends the first marriage. “So then if, while her husband liveth, she be married to another man, she shall be called an adulteress: but if her husband be dead, she is free from that law; so that she is no adulteress, though she be married to another man.” I have not found any place in the Bible that would indicate that remarriage is the “divorce” or an event that ends the first marriage.
WHAT DOES GOD SAY CAN END A MARRIAGE?
God clearly says that the death of one of the marriage partners ends their marriage and frees them to marry another person. “So then if, while her husband liveth, she be married to another man, she shall be called an adulteress: but if her husband be dead, she is free from that law; so that she is no adulteress, though she be married to another man..” (Romans 7:3) , Jesus also said that death ends a marriage in His response to the Sadducees. “And Jesus answering said unto them, Do ye not therefore err, because ye know not the scriptures, neither the power of God? For when they shall rise from the dead, they neither marry, nor are given in marriage; but are as the angels which are in heaven'“ Mark 12:24,25. We see from these verses that marriage is ended at death because it does not continue into eternity. In I Cor. 7:39 God also says: “The wife is bound by the law as long as her husband liveth; but if her husband be dead, she is at liberty to be married to whom she will; only in the Lord.”
Death is the only thing that I could find that God says ends a marriage so that the person is free to marry another person.
WHAT DOES THE “EXCEPTION CLAUSE” MEAN?
There are two “exception clauses” on divorce in Matthew. One of the first things that I noticed is that they do not address the same thing. It is often implied that both “exception clauses” give permission for remarriage. I noticed that the exception clause in Matt. 5:32 does not give an exception allowing remarriage. The exception only applies to whether the person initiating the divorce is responsible for causing their spouse to commit adultery. That exception does not permit divorce or remarriage. The last part of the verse, “and whosoever shall marry her that is divorced committeth adultery” removes any question that this exception clause allows remarriage after divorce. Matt. 5:32 states: “But I say unto you, That whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: AND WHOSOEVER SHALL MARRY HER THAT IS DIVORCED COMMITTETH ADULTERY.”
The second clause is in Matt. 19:9. Here Jesus says: “And I say unto you, Whosoever shall put away his wife, except it be for fornication, and shall marry another, committeth adultery: AND WHOSO MARRIETH HER WHICH IS PUT AWAY DOTH COMMIT ADULTERY. I discovered that modern translators have altered this verse to make it say something totally different than what Jesus originally said. The NIV (and most modern translations) reads totally different than the KJV. The first major change in the NIV is the incorrect twisting of the “translation” of the Greek word pornea as “marital unfaithfulness.” By twisting the meaning of pornea, the NIV opens wide the gate for divorce and remarriage in every divorce situation. In every divorce case at least one spouse is maritally unfaithful to their spouse. The very act of one spouse divorcing their mate is a serious act of marital unfaithfulness. In many divorce cases both spouses view the other as being maritally unfaithful in some way. Therefore, the NIV wrongly gives permission for at least one spouse to get remarried in every divorce situation!
The second major change to this passage is the removing of the last third of the verse, the phrase: “and whoso marrieth her which is put away doth commit adultery. “ It is wrong to remove words of Jesus from the Bible. This error has led many men and women into the sin of adultery, thinking that it was permissible to remarry. The Church can make changes in the version of the Word of God that it uses, but it can not change the true Word of God that Jesus will use to define sin on Judgment Day.
Divorce and remarriage was common in the Roman Empire in New Testament times and the centuries following; however, I was not able to find this “exception clause” in Matt. 19:9 in any of the writings of the early Christians in the first 300 years A.D. The early Christians always quoted Matt. 5:32, but never the reading we have in Matt. 19:9. I found this significant, because these men, speaking for the early Church did not understand Jesus to be giving an allowance for remarriage after divorce.
To translate the phrase “except for fornication” as “except for adultery”, giving adultery as grounds for divorce and remarriage has some problems. If a man's wife committed adultery, how would her adultery keep him from committing adultery if he divorced her and remarried? Or to ask the question another way, is there any teaching or example in the Bible that would indicate that adultery by one marriage partner ends their marriage and makes them single again in God's eyes? I have not found any Scriptural teaching or example where adultery ended a marriage, unless the spouse committing adultery was stoned. If he or she was stoned to death, that would end the marriage. Jesus' words immediately following this exception clause make it clear that He was not giving permission to remarry after adultery. “And whoever marries her who is divorced commits adultery” (He gave no exception). God considers the first marriage valid even after a legal divorce and remarriage.
What then does the “exception clause” mean? Jesus was speaking to Jewish men, the Pharisees, in response to their question when He spoke these words in Matthew 19:9. Jesus said “Except it be for fornication and shall marry another.” Fornication is sexual relations with another unmarried person before one is married. The Jews required a man to write a certificate of divorce to end an engagement. We see this illustrated in the story of Joseph and Mary. Joseph believed that Mary had committed fornication with someone else and was planning to divorce her even though they were not yet married, when God stopped him.( Matt. 1:19,20)
What Jesus said to these Jewish men, the Pharisees, in Matt. 19:9 is that divorce and remarriage is sin unless the divorce occurred in the engagement period. Even then the engagement could only be broken if the fiancée committed fornication with another person. Jesus said that if the man divorced his fiancée in the engagement period before marriage occurs, then it is permissible for him to marry another. The exception only applied to the Jewish custom requiring divorce to break an engagement. I could not find any evidence that the Roman law or custom required a certificate of divorce to break an engagement. We do not find the Matt. 19:9 “exception clause” repeated any other place in the Scriptures.
THE TEACHING OF THE RABBIS IN JESUS' DAY
To correctly understand Jesus' response to the Pharisees in Matthew 19, we need to understand the broader context and what positions the Jews had on divorce and remarriage in Jesus’ day. The Pharisees were testing Jesus to see which rabbinical school of thought Jesus would side with. The Roman society around them allowed divorce for any reason. In the Oral Torah, which the Jews in Jesus' day held equal to the Old Testament Scriptures, is found three explanations (schools of thought) of what Moses meant as grounds for divorce. Usually it is stated that there were two schools of thought in Jesus' day, but when I researched it in the Mishnah (The Oral Torah) I found there were three schools of thought. The third school of thought was “no fault” divorce - Rabbi Akiba
The positions of the following three rabbis are found in the Mishnah, Gittin p. 90a, 90b:
1. Beth Shammai - If he has found her guilty of some unseemly conduct. (Divorce is allowed in the case of adultery)
2. Beth Hillel - even if she has merely spoiled his food. (Divorce is allowed for any reason)
3. Rabbi Akiba - even if he finds another woman more beautiful than she is. (No fault divorce)
The Pharisees were questioning Jesus to see which explanation Jesus would side with. They asked Jesus if divorce was lawful for “any reason”. The disciple's response clearly indicates that in Jesus' response He did not side with any of the rabbis’ explanations in the Oral Torah. Jesus' exception for divorce was much narrower than “marital unfaithfulness” (NIV). The response of the disciples tells us that Jesus' response to the Pharisees did not support any of the schools of thought in the Oral Torah. “His disciples say unto him, If the case of the man be so with his wife, it is not good to marry.” Matt. 19:10. Jesus' response to the Pharisees also tells us that He did not side with any of the Rabbis interpretations of Deuteronomy 24:1-4 in the Oral Torah. He said that the permission allowing divorce and remarriage had never been God's will. “From the beginning it was not so.”
How divorce among Christians is disobedience to God's command not to take a believer to court.
1COR 6:1-11 “Dare any of you, having a matter against another, go to law before the unjust, and not before the saints? 2 Do ye not know that the saints shall judge the world? and if the world shall be judged by you, are ye unworthy to judge the smallest matters? 3 Know ye not that we shall judge angels? how much more things that pertain to this life? 4 If then ye have judgments of things pertaining to this life, set them to judge who are least esteemed in the church. 5 I speak to your shame. Is it so, that there is not a wise man among you? no, not one that shall be able to judge between his brethren? 6 But brother goeth to law with brother, and that before the unbelievers. 7 Now therefore there is utterly a fault among you, because ye go to law one with another. Why do ye not rather take wrong? why do ye not rather suffer yourselves to be defrauded? 8 Nay, ye do wrong, and defraud, and that your brethren. 9 Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind, 10 Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God. 11 And such were some of you: but ye are washed, but ye are sanctified, but ye are justified in the name of the Lord Jesus, and by the Spirit of our God.”
HOW DIVORCE REMOVES ONE FROM FELLOWSHIP WITH GOD -- THE NEED FOR FORGIVENESS AND RECONCILIATION
God tells us that divorce removes one from fellowship with Him. In Malachi 2:13 He says, “And this have ye done again, covering the altar of the LORD with tears, with weeping, and with crying out, insomuch that he regardeth not the offering any more, or receiveth it with good will at your hand. 14 Yet ye say, Wherefore? Because the LORD hath been witness between thee and the wife of thy youth, against whom thou hast dealt treacherously: yet is she thy companion, and the wife of thy covenant.”
In a divorce situation there is a lot of hurt, anger, and bitterness that occurs between the couple, the children, the extended families of the couple (their parents, grandparents, brothers, sisters, uncles, aunts, and cousins) and friends. These deep wounds of a divorce affects those impacted by the divorce for the rest of their lives. God makes it clear that these wrongs and offenses need to be repented of and reconciliation needs to occur.
Matt. 5:23,24 “Therefore if thou bring thy gift to the altar, and there rememberest that thy brother hath ought against thee; 24 Leave there thy gift before the altar, and go thy way; first be reconciled to thy brother, and then come and offer thy gift.”
God also makes it clear that one needs to forgive any offenses that the other spouse has committed. All bitterness, anger, and hatred need to be repented of and put away. This is what God says:
Mk. 11:25,26” And when ye stand praying, forgive, if ye have ought against any: that your Father also which is in heaven may forgive you your trespasses. 26 But if ye do not forgive, neither will your Father which is in heaven forgive your trespasses.” (The last sentence has been removed from the NIV!)
Matt. 6:14,15 “For if ye forgive men their trespasses, your heavenly Father will also forgive you: 15 But if ye forgive not men their trespasses, neither will your Father forgive your trespasses.”
Matt. 18:35” So likewise shall my heavenly Father do also unto you, if ye from your hearts forgive not every one his brother their trespasses.” (“his trespasses” has been removed from the NIV. Immediately following this verse is Jesus teaching on divorce and remarriage.)
I John 2:9-11 “He that saith he is in the light, and hateth his brother, is in darkness even until now. 10 He that loveth his brother abideth in the light, and there is none occasion of stumbling in him. 11 But he that hateth his brother is in darkness, and walketh in darkness, and knoweth not whither he goeth, because that darkness hath blinded his eyes.”
I John 4:20,21” If a man say, I love God, and hateth his brother, he is a liar: for he that loveth not his brother whom he hath seen, how can he love God whom he hath not seen? 21 And this commandment have we from him, That he who loveth God love his brother also.”
Because divorce removes a Christian from fellowship with God, that person needs to be sorry, repent of the sin of divorcing their spouse, and ask God to forgive them. That person also needs to go to all the family members and tell them that they are sorry for the hurts and offenses that they have caused them through the divorce and ask for their forgiveness. In addition, that person needs to forgive all the offenses that brought about the divorce and the offenses that occurred in the divorce process, whether the other spouse is sorry and asks forgiveness or not.
“IF ANYONE DOES NOT PROVIDE FOR HIS OWN”
“But if any provide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel.” (I Timothy 5:8) God says this about providing for a person's mother to whom they have not made any vows. How much more does this apply to a man providing for his wife to whom he has made a vow to provide and care for. The same is also true for the wife. She has made a vow to care for her husband. Divorce is an abandonment of provision for one's spouse and is the same as denying the faith. It is sin. To take this one step further, it is also sin before God for a divorced man not to pay child support for his children.
God expects us to take our responsibilities to provide and care for our family members very seriously. If Christians do not provide for their own families, they deny the faith and are worse than unbelievers.
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