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Divorce & Remarriage in The Bible
Divorce & Remarriage in The Bible
Divorce & Remarriage in The Bible
Divorce is a contentious issue within the church. It is widely agreed that the
biblical ideal for marriage is a lifelong monogamous union between a man and
a woman. Jesus and Paul taught against divorce. However, did this mean that
remarriage was ever permitted?
Here, four views on divorce and remarriage are examined. The first is the no
remarriage view. Wenham (1986, 2006) argues that the church Fathers,
closer linguistically and culturally to the New Testament writers did not permit
remarriage. He identifies what he considers to be very explicit texts that forbid
remarriage (1 Cor 7:10-11), identifying remarriage as adultery (Mk 10:11). His
work on Mt 19:9 is meant to show that rather than concede anything to the
Pharisees, Jesus does not permit remarriage after a divorce caused by sexual
immorality. Powers (1987, 2008) argues that divorce is a sin in all cases,
arguing on linguistic grounds that the so-called exception clause (Mt 19:9)
does not provide an exception. However, Powers does see divorce as always
terminating a marriage and that some remarriages are not adulterous. He
finds that Paul in 1 Cor 7 explicitly permits remarriage.
A number of commentators claim that the exception clause does provide valid
reasons for divorce with remarriage, though none suggest Jesus insisted
upon divorce as did the Rabbis. Heth (2006b) identifies sexual fidelity as part
of a marriage covenant, and its breaking valid reasons for ending the
covenant. Heth and Instone-Brewer (2002) also point to abandonment as
being a valid circumstance for remarriage for the offended spouse. Some also
allow remarriage when divorce is for matters of neglect or abuse. Keener
(2006) identifies physical abuse as valid grounds, although he finds no explicit
biblical teaching. Instone-Brewer (2002) argues Paul argues for this in 1
Corinthians, echoing rabbinical understandings of Ex 21.
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Evaluation
The writing of a divorce certificate was unique in the ancient Near East
(Instone-Brewer 2002:28) and was specifically written to enable the woman to
remarry (Dt 24:2, Powers 1987:157). Men did not need such a certificate
since polygamy was common (Instone-Brewer 2002:29). Given that the
ground was not adultery, Powers believes the husband could extend
forgiveness to his wife. The grounds for divorce from the second marriage (Dt
24:3) is because the husband hates her (Heth 2006a:64). McConville
(2002:358) notes the parallels with Dt 22:13f where a false charge is made
about the bride’s virginity. Whether the man divorced his wife or died, the
woman was not free to marry her original husband since she had been defiled
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(v4). It appears that it is neither divorce that makes the woman defiled, but the
practice of swapping back and forth between men was functionally adultery
(Merrill 1994a:318, Craigie 1976:305). McConville (2002:359-60) disagrees
and focuses on how the first husband has shamed her and hence forfeited his
right to remarry her and perhaps gain the divorce money from the second
(wrongful) divorce or from the dead man’s assets.
Deuteronomy 21:10-14 deals with foreign women taken against their will and
married (Brueggmann 2001:217). An Israelite may later let the woman go if
she does not please him. Christensen (2002:475) discusses the possibility
that spiritual incompatibility is in view and that the delay (vv12-13) is designed
to dissuade the man. More likely, the delay allows the woman time to mourn
(McConville 2002:329). She was to be well treated and not reduced to slavery
if she were released from the marriage (v14). Given Dt 21:15f, the whole
section is designed to limit the damage of polygamy. Marriage to foreign
women was discouraged and could be dissolved since it represented
unfaithfulness to God (Ez 10:2-3, 11). Williamson (1985:160) notes that the
separations were essential for the survival of Israel and Ezra did not force this
on an unwilling community. The main focus is on the divorce and not on any
provision that may have been made for the wives and children (Throntveit
1989:56).
Malachi 2:16 states that YHWH hates divorce, which is usually understood as
a blanket condemnation. What may have been in view is the divorce of an
Israelite wife for a foreign wife (Merrill 1994b:424), though Instone-Brewer
(2002:55) believes this is conjecture. Hill (1998:258) states that YHWH hates
divorce because it represents covenant breaking with both God and the wife.
Heth (2006:65) tries to argue that the better translation is ‘hates and divorces’,
though Wenham (2006b:86) finds this unconvincing. However, Instone-
Brewer (2002:56) argues this reading is more faithful because the Hebrew
reads ‘he hates divorce’ and the ‘I’ (God) is an emendation. Further, the
covering the garment with wrong (Mal 2:16b) also alludes to invalid divorce.
The key for the entire passage is unfaithfulness to covenants, and therefore
not necessarily against the one who instigates divorce.
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Jesus and divorce
Powers (1987:162-3) argues against the ontological indissoluble nature of
marriage (also Keener 2006:107). This is clear in John 4 where Jesus
describes the Samaritan woman as having had (aorist) five husbands and is
now with a man who is not her husband (4:18). Each divorce has terminated
the previous marriage. Note also that he differentiates between an illicit
relationship and marriage, which Powers (1987:163) takes to mean that not all
remarriage is adulterous. This disagrees with Carson (1984:412) who argues
that marriage is indissoluble because it is grounded in creation. However,
Blomberg (1990) notes that it is the institution of marriage that is grounded in
creation.
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Before dealing in anyway with the issued of remarriage, Jesus discussed
marriage in positive terms, taking his questioners back to the OT text with the
interrogative ‘have you not read’ (v4). Marriage is intended by God to be a life
long union between a man and a woman (Mt 19:4-5; Mk 10:6-9) which is
firmly rooted in the creation of humanity as differentiated into male and female
(Gen 1:26-27). This union is the basis of the creation mandate to multiply and
to benefit the creation (Wenham 2006:19). Jesus links Gen 1:26-27 and 2:24
with ‘for this reason’ (Mt 19:5; Mk 10:8) in the forming of one flesh, indicating
the relationship of close relatives (c.f. Gn 29:14). This one fleshing involves
leaving father and mother (not geographically but sociologically) and cleaving
(signifying a comprehensive union of lives) and not merely localised in the act
of copulation (Nolland 2005:772), although sexual union is certainly prominent
(Blomberg 1990). In going back to Genesis rather than Deuteronomy, Jesus is
not siding with any of the disputing schools (Morris 1992:480) but was going
back to the weightier text. The grounding of marriage in creation means that it
should not be put asunder (v6), using the imperative rather than the indicative
(χωριζετω, France 2007:718).
The Pharisees pushed Jesus further by asking why Moses gave them a
command to write a certificate of divorce and divorce their wives (v7 where
both the writing of the certificate and the divorce itself are the subject of
command, ενετειλατο). However, Jesus corrects them noting that divorce was
permitted, not commanded by Moses due to their hardness of heart (Mt 19:8).
What Moses did was regulate divorce (Morris 1992:482). Jesus’ ‘from the
beginning’ returns the argument once more to Genesis and away from the
concessions in Dt 24. As only permission, France (2007:719) argues that this
is easily set aside. The hardness of heart does not mean sinful but stubborn
(Instone-Brewer 2002:144). The OT background suggests this does not mean
the hardness of heart on behalf of the one divorcing but of the one
unrepentant in sexual sin (Instone-Brewer 2002:146). This lines up with
Jesus’ teaching on forgiveness. Blomberg (1990) does not think this clause
can be used as an out for divorce, as in the new age Jesus sets a higher
standard than the law. While certainly Jesus discourages divorce and
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encourages forgiveness, unrepentant sin on the part of the one guilty of
porneia does not appear to forbid divorce or remarriage to the wronged party.
Wenham (1986) addresses whether porneia makes only the divorce non-
adulterous or also the remarriage. Firstly, he argues that Mt 19:9 reaffirms
Jesus Sermon on the Mount teaching (Mt 5:32-33) that to divorce and remarry
is adulterous, being stricter that the Pharisees. Secondly, Wenham justifies
his reading based on comparison with other conditional verses in Matthew to
make porneia a redundant phrase with regards remarriage, i.e. he admits two
implications of 19:9:
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7:24 Everyone who hears these words of mine and does them will be
like a wise man
10:14 Whoever will not receive you and will not listen to your words,
shake off the dust from your feet.
Given the critique of the Pharisees in (5:20), the second phrase in v19 is not
redundant. The second example requires an assumption about a Hebraic
understanding of listening. The third example is probably the strongest.
However, Wenham himself notes that none of his examples are like 19:9
where two relative conditional causes have been amalgamated into a single
protasis. As Janzen (2000) notes, if Matthew had meant that remarriage was
not permissible under any circumstances, he would have said so (also
Blomberg 1990). The exception clause is precisely that!
7
The exception clause is not found in the parallel passage in Mark 10,
apparently making the prohibition against divorce absolute (Blomberg
1997:306). However, given the Greco-Roman background of Mark’s readers
there was no need to spell out the exception rule (Instone-Brewer 2002:135,
Blomberg 1990). Powers (1987:174-5) argues that µη always means not and
never except. The sin of divorce is therefore not justified by the sin of porneia.
However in Mt 5:32, the word except (παρεκτος) is used which suggests that
the usual reading of µη likely, contra Powers.
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a woman who has not committed adultery to commit adultery? Apart from a
supposed adulterous remarriage (Turner 2008:171), given the only grounds
for divorce is some act of indecency, divorce therefore stigmatises the woman
as being an adulteress (Powers 1987:169). Far from being a separate clause
that marks out all marriage of men to divorced women, the man that then
marries that woman also is stigmatised as an adulterer. An alternate view for
the final clause is advanced by Nolland (2005:246) who suggests that
απολελυµενην means a woman who has gained a divorce rather than one
who has illegitimately been divorced. However, this seems out of context with
the previous discussion.
Excursis on porneia
Given that porneia is one of the legitimate reasons for divorce, it needs to be
defined. Hays (1996:354f) outlines three views he considers exegetically
defensible. The first is that porneia refers to adultery. Given its wide meaning
in the Greek it can also refer to a wide range of sexual impropriety that
includes adultery. It may be objected that if adultery was intended then the
Greek word µοιχεια would have been used. Janzen (2000) notes that
Matthew uses both words in 15:19. It is then argued that since the death
penalty was punishment for adultery, porneia refers to lesser offenses.
However Hays notes that there is evidence to show that in the first century
this had been changed to compulsory divorce.
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1996:354). Further, this view means that Jesus is more concerned with what
happens before marriage than during it (Blomberg 1990). The third view is
that porneia refers to incestuous marriages, i.e. those of close family
association as proscribed in Lev 18. It is used as such in 1 Cor 5:1 (Blomberg
1990) and fits well with Herod’s divorce and remarriage. Hays argues that if
the NT argues for an intensification of the commands in Lev 18, why would it
not also do so for adultery? Further, Blomberg (1990) notes that Paul remarks
that incestuous marriages were rare (1 Cor 5:1). Further, this interpretation
ignores the background Pharisaic debate. It is likely that Janzen (2000) is
correct, that porneia includes a variety of sexual impropriety, including
fornication during betrothal and adultery.
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must be widows. However, it is hard to understand vv27-28 in this case.
Hence, αγαµοις means the divorced since widows are already mentioned
(Powers 2008:129).
The concession of verse 6 points forwards, not backwards and refers to the
wish that those who are unmarried remain as Paul is (vv7-8). However, given
the dangers of burning with passion and the immoral behaviour that can follow
Paul permits both divorced and widowed people to remarry (v9). This does
not mean that Paul encouraged divorce, but simply that remarriage after a
valid divorce was possible.
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1976). The home owner could dismiss the other spouse (αφιηµι) whereas the
non-owner could separate (χωριζω).
The key issue in the remarriage debate is how long must the wife remain
αγαµος? Verse 11b makes it clear it should be until she is reconciled to her
husband, or presumably until he dies (see Rm 7:2). This is in line with Dt
24:1-4 where remarriage and then divorce means the wife cannot remarry her
first husband. For Fee (1987:296) these are the only two options available to
the woman. What if the man does αφιεναι his wife? Is she then to remain
αγαµος her entire life? Laney (1982) argues that either Paul did not know the
exception clause or did not think it applied to Gentiles. However, it is clear
Paul permitted remarriage (v9). Nothing is said about how long to wait directly
in vv10-11 because the point of discussion is the prevention of the initiation of
divorce (Hays 1997:120). The point of remaining αγαµος is that reconciliation
should occur. Heth (2006a:78) stresses that extreme caution is required in
deciding how long is long enough, but it is clear that at some point hope of
reconciliation will disappear if it is not to be forthcoming.
The discussion to date has shown that divorce was valid for porneia. Were
there other grounds for divorce? Instone-Brewer (2002:195f) discusses other
grounds in 1 Corinthians 7, arguing Paul alludes to Ex 21:10-11. Moses
discusses the rights of slave women in polygamous marriages of food,
clothing and conjugal rights. A reduction in these meant she could be freed
from the marriage. This text was applied to general marriage rights in the first
century (Instone-Brewer 2002:99f). Verses 1-9 refer to sexual rights for both
partners and vv32-35 discusses material provisions, which the rabbis focused
on this a great deal (Instone-Brewer 2002:196). It is therefore possible that
Paul held the view that the removal of these could warrant divorce. For him to
have stated so plainly would have undercut his own argument. This makes
the case of Keener (2006:111) easier to apply, that continual and unrepentant
abuse would also be grounds for divorce with remarriage without having to
add anything to the text.
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Early church understandings
One of Wenham’s arguments that remarriage was not permitted after divorce
is that this was the view of the early church fathers, and that since they were
closer to the apostles than us and understood the Greek much better, this is
the biblical view (Wenham 2006:23). However Heth (2006b:45) notes how
quickly the early church fathers adopted asceticism. Some disallowed second
marriages after the death of the first spouse; others even saw it as a veiled
form of adultery. Powers (1987:288) notes that some church fathers saw
marriage as a regrettable necessity for procreation, that marriage was for men
who got frightened being in bed alone at night, that the end of the world would
come sooner if all could live in abstinence, and that sex was just ok if you did
not enjoy it. These views suggest that the Fathers’ proximity to the apostolic
era does not give them clearer sight than the modern exegete. Blomberg
(1990) notes that virtually all the church Fathers used inferior forms of the text
of Mt 19:9. Furthermore, Wenham’s case is weakened in that the Fathers did
not speak with one voice on the issue (Instone-Brewer 2002:256), with some
such as Ambrosiaster who argued that Paul permitted remarriage after
divorce from an adulterous partner. Clement of Alexandria allowed remarriage
for the divorced and widows (Powers 2008:133).
Counsel
Divorce is a difficult issue for the church. The view developed here in light of
the full bible and cultural context is that remarriage is permitted after sexual
misconduct and forms of neglect. However, in general divorce is discouraged
and reconciliation and forgiveness is encouraged. As a lay leader I am not
directly involved in marriage counselling. I will restrict the comments here to
more general terms.
First and foremost the church is to ensure health marriages and proper sexual
relationships within the church. With divorce rates within the church as high as
wider society in many countries such as Australia, the church has little moral
foundation to point the finger. The biblical emphasis is on internal discipline
with regards sexuality, not judgement of the outside (1 Cor 5). Given this, I
found the proposal of Wenham (2006:42) to change laws to support marriage
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wrong headed and moralistic. Laws do not promote or support marriage, this
is conservative legalism.
The church should act to support marriages. This begins with pre-marriage
counselling to ensure marriages are not entered into lightly or ill preparedly –
for both Christian and non-Christian couples. I have observed at least one
case of a marriage that may not have gone ahead due to pre-marriage
counselling. Marriage support includes groups and same sex friendships
where issues can be discussed frankly. Regular teaching on sex is important,
including the biblical teaching on regular sexual relations in marriage as an
act of self-giving and meeting the needs of both spouses (1 Cor 7:1-5), as well
as issues of adultery, pornography, etc. My own experience of teaching this
passage bought both ire and appreciation. Finally, churches with many
ministries should not target newly wedded couples, along the lines of Dt 24:5.
I have seen new couples thrust into bible study leading roles in their first year
of marriage, placing undue pressure on them.
Secondly, the church needs to accept that people who have been divorced
and those that have remarried are not second class citizens in the kingdom,
and that theirs is not the unforgivable sin (Mk 3:28-29). For too many years,
people who have divorced, particularly those for biblically valid reasons have
been ostracised. It is worth noting with Keener (2006:118) that 1 Tim 3:2, 5:9
has nothing to do with divorce but marital faithfulness, and so this grace
extends to those in ministry.
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Thirdly, Heth (2006:79) notes how difficult it is to determine the “guilty” or
initiator of a valid divorce situation. Extreme care and caution needs
exercising. Needless to say, extensive counselling and mediation is required.
Being a matter that affects the whole church community, this burden should
be shared appropriately with the community, as close friends as well as the
pastoral team become involved. Confidentiality and appropriate choice of
confidants, as well as sensitivity in the whole congregation are designed to
avoid gossip and embarrassment. Separated couples should be given every
chance for reconciliation (1 Cor 7:10-11).
Conclusion
The bible permits but does not encourage divorce under certain valid
circumstance of sexual immorality or abuse. Under these conditions or those
of abandonment, remarriage is permissible. Apart from these circumstances,
divorce and remarriage is not permitted. It is time that the church stopped
moralising to the world and supported marriage, the divorced and the divorced
and remarried and be a community of grace. Practicing forgiveness and self-
giving as well as wisdom in choice of marriage partner will be a stronger
witness than being judgemental.
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