Christian Divorce and Remarriage, Episode I

As we approach our topic there are some introductory remarks that must be made. These words are necessary before beginning the exposition of the several texts that are germane to this study.

At the very first, we must agree that divorce must never be seen as an Easy Fix to any marriage that is not perfect—for no marriage ever is. However, it must also be acknowledged that divorce is a biblical ordinance instituted and regulated by God in the Old Testament Law (see Deuteronomy 24:1-4); the teachings of Jesus that are found in Matthew 5:27-28; 31-32; 19:1-9, with the parallel passages of Mark 10:2-12; Luke 16:18; and the instructions of the apostles which are represented in 1 Corinthians 7:1-40. Through these relevant texts it is demonstrated that Christ (and His Church) not only recognized the legitimacy of divorce, but extended its privilege beyond the parameters of the Old Testament (which limited the right of divorce to husbands), to include the wife within its prerogatives (see Mark 10:11 and 1 Corinthians 7:15).

Biblical marriage is a legal contract between a man and a woman, binding each to perform certain socially prescribed roles that are at once physical and spiritual in their reach. This contract covered the lifetime of the contracting parties.

However, it is equally as important to understand that the “Bill of Divorcement” is a legal instrument which removes the obligations of a marriage contract that is, essentially, a sociopolitical concept. The Christian teaching is that, religiously, divorce originally laid outside Godʼs will; but politically had to be allowed because sin entered into the human family. Therefore, in the tension between the religious high ground of an idealistic state of no divorce, and the practical reality of political necessity which allows it, there are two basic ethical questions asked by Christians:
1.) Is a Christian ever justified in seeking a divorce?
2.) Once divorced, may a Christian remarry?

When considering whether divorce is ever right, one must recognize that Yahweh, Himself, divorced Israel. I give the passages here for the readers’ consideration:

Isaiah 50:1 “Thus saith the LORD, Where is the bill of your motherʼs divorcement, whom I have put away? ... and for your transgressions is your mother put away.”

Jeremiah 3:8 “And I saw, when for all the causes whereby backsliding Israel committed adultery I had her put away, and given her a bill of divorce; yet her treacherous sister Judah feared not, but went and played the harlot also.”

Having, as we do, these passages before us (where Yahweh engaged in divorce against an unfaithful wife) it must be admitted, if we are honest, by all concerned, that there is no unrighteousness with God. This is emphasized by the Psalmist when he writes: “The LORD is righteous in all his ways, and holy in all his works” (Psalms 145:17). We also know that the Holy One cannot commit sin. This truth is elucidated by the Beloved Apostle: “Whosoever committed sin transgresseth also the law: for sin is the transgression of the law. And ye know that he was manifested to take away our sins; and in him is no sin. ... He that committeth sin is of the devil; for the devil sinneth from the beginning. For this purpose the Son of God was manifested, that he might destroy the works of the devil” (1 John 3:4-5, 8).

So, then, the Lord God, Himself, divorced His wife because of unfaithfulness. Some say He divorced Israel to take the Gentile church for His new bride. Whether this is true, or not, is not really the point. The point is that most who teach against divorce and remarriage believe and accept it. Many see the story of Estherʼs replacement of Queen Vashti (see the Old Testament book of Esther) as a type of Israel being replaced by the Church. It is not our purpose to defend, or deny, the validity of these types, but only to show that most schools of thought accept the metaphor of divorce in Yahwehʼs relationship with His wife Israel. The fact, then, that Yahweh divorced His wife is proof that there is no intrinsic evil in divorce. Why? Because There Is No Evil in God! (See Psalms 145: 17 above.)

Because Of the Hardness of Your Heart: Jesus told the Pharisees that Moses (and, by association, God) allowed husbands to divorce their wives because of “... the hardness of your hearts” (Matthew 19:8). Here, the phrase “hardness of your hearts” references husbands who have stopped loving and caring for their wives. Moses allowed divorce in order to set the woman free to go to another man—who would love and care for her. The Words of Institution, written by Moses (under the inspiration of the Holy Spirit), makes this point clear (see Deuteronomy 24:1-4). The law of First Mention (one of the laws of the Art and Science of Scriptural Interpretation) sets the scriptural tone, for divorce, that resounds throughout the Bible. That tone is Mercy. The Law of Moses instituted divorce in Deuteronomy 24:1-4 to emancipate rejected wives from husbands whose hearts had grown hard toward them. One need only recall the words of Jesus: “... Moses, because of the hardness of your hearts suffered you to put away your wives” (Matthew 19:8).

We should not think, here, that God is catering to the sin-nature of the hardhearted Israelites; that would be unworthy of a holy deity. No! That the Almighty granted divorce is not a caving-in to the callousness of the husbands on Godʼs part; it was in consideration for the rejected and unloved wives.

When Chrysostom (lived A. D. 347-407, see video of his biography at the end of this article) wrote on this statement (i.e. “the hardness of your hearts”), he suggested that the Lord God allowed divorce for both moral and social reasons. It would be good to quote him at some length here:

“There was an ancient law made that he who hated his wife, for whatever kind of cause, should not be forbidden to cast her out, and to bring home another instead of her. The law, however, did not command him simply to do this, but after giving the woman a writing of divorcement, that it might not be in her power to return to him again; that so at least the figure of the marriage not remain.

“For if He had not enjoined this, but it were lawful first to cast her out, and take another, and afterwards to take back the former the confusion was sure to be great, all men continually taking each otherʼs wives; and the matter thenceforth would have been direct adultery. With a view to this He devised, as no small mitigation, the writing of divorcement.

“But these things were done by reasons of another, and far greater wickedness; I mean, had He made it necessary to keep in the house her even that was hated, the husband, hating, would have killed her. For such was the race of the Jews. For they who did not spare children, who slew prophets, and “shed blood as water,” (see Psalms 76:3), much more would they have shown no mercy to women. For this case He allowed the less, to remove the greater evil. For that it is not a primary law, hear Him saying, ʻMoses wrote these things according to the hardness of your heartsʼ that he might not slay them in the house, but rather put them out. But for as much as He had taken away all wrath, having forbidden not murder only, but even the mere feeling of anger, He with ease introduces this law likewise. With this view also He is ever bringing to mind the former words, to signify that His sayings are not contrary to them, but in agreement: that He is enforcing, not overthrowing them; perfecting, not doing them away.” (John Chrysostom, homily XXVII. On Matthew V. 27, 28).

According to the understanding of the great and noble Chrysostom, divorce was allowed and regulated, to discourage the hardness of the Jewsʼ hearts, also, to militate against wholesale adultery, and even murder.

While we must be quick to denounce the violence done to the holy institution of marriage by the easy button of divorce in our modern society, we must acknowledge the God-given right to a “bill of divorcement” as a testimony of Godʼs mercy and love for the one who is no longer loved, and is being held bound to an unmerciful master: namely, a husband with a hardened heart; or in our day, perhaps, even a wife.

Apostolically Speaking

☩ J L Hayes