Of Marriage and Divorce<\/p>\n
Adultery or fornication committed after a contract, being detected before marriage, gives just occasion to the innocent party to dissolve that contract.\u00a0In the case of adultery after marriage, it is lawful for the innocent party to sue out a divorce and, after the divorce,\u00a0to marry another, as if the offending party were dead.<\/em><\/p>\n “For the Lord God of Israel says that He hates divorce.” (Malachi 2:16)<\/p>\n Marriage was established by the Lord God in the garden of Eden. Jesus spoke these words in response to the Pharisees’ inquiry. The Pharisees all agreed that divorce was permissible, but disagreed among themselves as to what was an acceptable reason for divorce. Those of the school of Shammai taught that divorce was only permitted when there was unchastity, or adultery, involved.\u00a0 The school of Hillel taught that divorce was in order if, for any reason, the husband was dissatisfied with his wife\u2014even if, for example, she burned his dinner one night!<\/p>\n Jesus responded, “…what God has joined together, let not man separate.\u201d (Matthew 19:6)<\/p>\n The Pharisees countered, “Why then did Moses command to give a certificate of divorce, and to put her away?\u201d (Matthew 19:7)<\/p>\n \u201cBecause of the hardness of your hearts”, Jesus answered flatly, “…but from the beginning it was not so. And I say to you<\/em>, whoever divorces his wife, except for sexual immorality,\u00a0and marries another, commits adultery.\u201d (Matthew 19:9)<\/p>\n What is Jesus saying here? Is He really teaching, as the Westminster Confession asserts, that where there has been infidelity it is lawful to divorce one’s spouse and then marry another? Wasn’t this the teaching of Rabbi Shammai? What then would be the force of His words “And I say to you”?<\/p>\n I think it is important to compare this verse with other similar verses found elsewhere in the gospels: “In the house once again, the disciples asked him about this. So he told them, ‘Whoever divorces his wife and marries another commits adultery against her. And if she divorces her husband and marries another, she commits adultery.’\u201d (Mark 10:10-12)<\/p>\n \u201cEveryone who divorces his wife and marries someone else commits adultery, and the one who marries a woman divorced from her husband commits adultery.” (Luke 16:18)<\/p>\n Jesus’ standard of righteousness exceeds that of the scribes and Pharisees. It is a radical monogamy. Even to look lustfully at a woman is to commit adultery with her in his heart. (Matthew 5:28) \u00a0The disciples’ response is very telling: “If such is the case of the man with his wife, it is better not to marry\u201d, to\u00a0which Jesus replied, \u201cAll cannot accept this saying, but only those to whom it has been given: For there are eunuchs who were born thus from their mother\u2019s womb, and there are eunuchs who were made eunuchs by men, and there are eunuchs who have made themselves eunuchs for the kingdom of heaven\u2019s sake. He who is able to accept it, let him accept it.” (Matthew 19:3-12)<\/p>\n The Apostle Paul reiterates the radical nature of Jesus’ teaching when he instructs the Corinthian church, “Now to the married I command,\u00a0yet\u00a0not I but the Lord: A wife is not to depart from\u00a0her\u00a0husband. But even if she does depart, let her remain unmarried or be reconciled to\u00a0her\u00a0husband. And a husband is not to divorce\u00a0his\u00a0wife.” (1 Corinthians 7:10-11)<\/p>\n God hates divorce. \u00a0It is a tragedy. \u00a0But because two individuals are involved, it is sometimes the case that a divorce is unavoidable. \u00a0“But if the unbeliever departs, let him depart; a brother or a sister is not under bondage in such\u00a0cases.\u00a0But God has called us to peace.” (1 Corinthians 7:15) \u00a0In other words, there is no injunction to “make war” on the offending spouse in an effort to save the marriage if that spouse is determined to end it.<\/p>\n The Catholic church, following the teaching of the early church Fathers, allows for divorce in special circumstances, but does not allow for remarriage after divorce. \u00a0According to noted church historian\u00a0Philip Schaff, the historic teaching of the church\u2014up to the 6th century in the East and up to the 16th century in the West\u2014stands firmly behind a no remarriage understanding of Matt 19:9 and 1 Cor 7:15.<\/span><\/p>\n “What then shall the husband do, if the wife continue in this disposition [adultery]? Let him divorce her, and let the husband remain single. But if he divorces his wife and marries another, he too commits adultery.” Shepherd of Hermas<\/p>\n “Just as a woman is an adulteress, even though she seems to be married to a man, while a former husband yet lives, so also the man who seems to marry her [and] who has been divorced does not marry her, but, according to the declaration of our Savior, he commits adultery with her.” Origen<\/p>\n “Neither can it rightly be held that a husband who dismisses his wife because of fornication and marries another does not commit adultery.” Augustine<\/p>\n The historic teaching of the church has also emphasized that we are all sinners; that fornication and adultery are just two one of the many ways we “fall short of the glory of God”. \u00a0The gospel of Jesus Christ is about forgiveness, cleansing and restoration. \u00a0It is not about legalism. \u00a0One could think of any number of scenarios where a divorced woman, perhaps a young mother of children, is left alone to fend for herself. \u00a0Is she to remain single? \u00a0Is she called to live out the rest of her days (or at least until her first husband dies, according to 1 Corinthians 7:39) without companionship, without intimacy?<\/p>\n It is a question that ought not to be answered quickly. \u00a0The Lord may very well be calling her to remain single. “There are eunuchs who have made themselves eunuchs for the kingdom of heaven\u2019s sake. He [or she] who is able to accept it, let him accept it.” (Matthew 19:12) Doesn’t the Lord call all of us to a way of life that, apart from His grace, is simply unattainable? “If anyone desires to come after Me, let him deny himself, and take up his cross daily, and follow Me.” (Luke 9:23)<\/p>\n The Lord knows our weakness, and the church should reach out to those victimized by divorce, and pray earnestly for them. \u00a0In the Orthodox Church the principle of\u00a0oikonomia (<\/i>Greek:\u00a0house-building, or the prudent handling of a matter) gradually developed, <\/i>which allows for a discretionary deviation from the\u00a0letter of the law in order to adhere to the spirit of the law and charity. After much prayer and soul searching, with repentance, such a deviation may indeed be allowed in the matter of remarriage after divorce. \u00a0In this way, “Mercy and truth [will] have met together. Righteousness and peace [will] have kissed.” (Psalm 85:10)<\/p>\n","protected":false},"excerpt":{"rendered":" Of Marriage and Divorce Adultery or fornication committed after a contract, being detected before marriage, gives just occasion to the innocent party to dissolve that contract.\u00a0In the case of adultery after marriage, it is lawful for the innocent party to sue out a divorce and, after the divorce,\u00a0to marry another, as if the offending party … <\/p>\n
\n“And [Jesus] answered and said to them, ‘Have you not read that He who made\u00a0them\u00a0at the beginning made them male and female,\u00a0and said, \u2018For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh\u2019? (Matthew 19:4-5)<\/p>\n
\n“The Pharisees also came to Him, testing Him, and saying to Him, ‘Is it lawful for a man to divorce his wife for\u00a0just any reason?’\u201d (Matthew 19:3)<\/p>\n
\n“But I say to you that whoever divorces his wife for any reason except sexual immorality\u00a0causes her to commit adultery. (Matthew 5:32)<\/p>\n