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The "Exception Clause"
(Mt 5:32 and 19:9)

No passage of scripture has resulted in more controversy than the ones we are about to discuss in this chapter and the two chapters that follow. Aside from the subject of salvation, what Jesus meant when he said “except it be for fornication” is of utmost importance. This is because of the divergent views, some of which have resulted in Christians, or prospective Christians, turning away from Christ, churches splitting, preachers being maligned and marked as heretics and countless hours spent in study and debate that could have been spent in more profitable ways. If indeed a divorced person is “living in adultery” if he/she marries another then it is right to be dogmatic in one’s teaching and practice regarding the issue. But think of the harm that has been done if indeed it is a false doctrine. Considering the fact that the apostle Paul classified “forbidding to marry” as “doctrines of devils” (1 Tim. 4:1-3) it seems obvious that God was actually trying to warn against taking a certain position--the one that requires those divorced to remain celibate. And it is also worthy of note that countless "faithful" have deprived themselves of the pleasure of sex and joy and security of a family.

Previously, we discussed Jesus' condemnation of the Jewish men's practice of sending away their wives but not divorcing them (by giving them a certificate of divorce) so they could "go be another man's wife" (Deut 24:1, 2). The meaning of “except it be for fornication” makes sense only if one understands the error Jesus was addressing.

The so-called MDR texts are: Matthew 5:32, 19:9; Mark 10:11; and Luke 16:18. Many miss some very important information contained in these texts. 

Three Important Things to Note:

First, only the women would commit adultery by marrying another. The text does not say a man who is guilty of “sending away” a wife is guilty of adultery if he marries another. Since under the Law the men were allowed more than one wife it is apparent that the sin was in the men’s dealings with the wife whom they "put away" rather than a sexual sin in a new marriage. That is made very clear by Jesus in Mark’s account as discussed below.

Second, Jesus said the action the men took in sending away a wife and marrying another is "adultery against her" (Mark 10:11). Jesus’ statement conflicts with the idea that the man who sends away a wife without the cause of unfaithfulness commits adultery with the woman he marries. This text indicates that Jesus’ concern was with the woman being “put away.” In what situation does a man commit adultery against his wife? Remember, tradition says adultery is a sexual sin—the sex act with one that is the spouse of another or sex with another beside your own spouse. Therefore, since this important point (which woman has adultery committed against her) is often missed, is it not possible that the exception clause has been misunderstood and misapplied?

Third, the "exception clause" is found only in Matthew’s account. If the exception clause is significant and important as many have assumed and taught, why is it not taught in all the gospels? And why is it left out of the New Testament epistles? Surely if Jesus intended for the world to understand that all divorced persons must remain celibate, unless they actually initiated the divorce because of adultery, he would have declared it in no uncertain terms. But, instead of making the foregoing clear he tells the world, through an inspired apostle’s teachings, to allow the “unmarried” (which includes those divorced) to marry so they can “avoid fornication” (1 Cor 7:1, 2; 7, 8). Paul answered questions that were asked by Christians relating to who may marry, yet in all his writing we do not find even a hint that the reason for a divorce has anything to do with whether the divorced may marry another.

The “exception clause” means exactly what it says just as the rest of the text regarding put away and committing adultery means exactly what it says, when properly translated. Perhaps it is best explained by a paraphrase:

Mt 5:32: Whosoever shall put away (send out of the house) his wife, except in the case of fornication (an illicit or unlawful marriage) and marrieth another causeth her to commit adultery: and whosoever shall marry her that is put away committeth adultery.

If a marriage was not legal/scriptural then no certificate was needed. If the man sent away his wife, or woman, after learning that fornication is being committed because it is an unlawful relationship, his actions would not constitute adultery “against her.”

John told Herod, regarding his brother’s wife whom he had married, “It is not lawful for thee to have her” (Mt 14:3; Lev 20:21; Deut 25:7). (The Law did not allow a man to marry his brother’s wife, even if legally divorced, yet it required it only if the brother died childless.) This is a case when sending away (no divorce) was proper and right. This is the exception of which Jesus spoke. Herod would not commit adultery against his illicit wife by sending her away. 

In 1 Corinthians 5, we read about a young man who “had his father’s wife.” Most likely, he married his stepmother after his father died. This was an unlawful relationship, one that even the Gentiles did not practice. The relationship needed to be ended. Obviously, the “exception clause” would apply.

The following two versions lend support to the accuracy of the paraphrase above, but unfortunately, they render apoluo as divorce:

The New Jerusalem Bible

Matthew 5:32: But I say this to you, everyone who divorces his wife, except for the case of an illicit marriage, makes her an adulteress; and anyone who marries a divorced woman commits adultery.

New American with Apocrypha

Matthew 5:32: But I say to you, whoever divorces his wife (unless the marriage is unlawful) causes her to commit adultery, and whoever marries a divorced woman commits adultery.

Also, George Lamsa was on the right track, but failed to consistently translate apoluo:

George Lamsa's Translation of the New Testament

Matthew 5:31: It has been said that whoever divorces his wife, must give her the divorce papers. 32 But I say to you, that whoever divorces his wife, except for fornication, causes her to commit adultery; and whoever marries a woman who is separated but not divorced, commits adultery.

Lamsa makes it quite clear that the meaning, according to the context, is that marrying a woman that has been separated from her husband but has not received the "bill of divorcement" results in adultery.

Wuest Word Studies and the Wuest translation give support to the idea that the “put away” are not legally divorced:

Wuest (word studies) Mark 10:11–The words 'to put away' are apoluo, literally, “to release.” When used in connection with divorce, it means “to repudiate.”

Wuest Translation: And having come to Him, Pharisees kept on asking Him whether it is lawful for a man to repudiate a wife, putting Him to the test. Matt. 5:32: Whoever marries her who has been dismissed commits adultery.

Conclusion

The common thinking is that the woman put away is actually divorced, and since she did not do the divorcing because of the husband’s fornication the man who marries her also commits adultery. That this position has problems is seldom denied. The explanation is simple. The woman who is put away commits adultery in marrying another because she is not legally/scripturally released from her husband. The man who marries this woman commits adultery because he marries the wife of another man.

In Jesus’ exception clause he did not mean that the spouse committed fornication, which either broke the marriage bond or allowed the "innocent" one to so do through divorce proceedings. His words simply had reference to the relationship–it was not a legal or scriptural marriage. If a man found that he had married someone who was already married, who was close kin (incest) or otherwise contrary to the Law, he would not need to do anything but "put away," which amounted to separation—not divorce. This situation was the scenario about which the exception clause applied.