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Divorce and Remarriage

by Robert Waters

Divorce and remarriage is undoubtedly the most controversial subject in the Bible. There are many different positions held by teachers in various churches, but the most common one is probably what I refer to as the traditional position, which is the idea that persons who have been divorced have no right to a marriage. Some contend that the only way one can ever be free from a marriage and thus be able to marry again is if their spouse dies or they actually divorce their spouse for fornication. Of course that puts them in the unenviable position of having to admit that God's law (if they are correct) has a loophole in it. A man could murder his spouse and be forgiven of that sin, which would free him to marry another; but if his spouse divorces him, even if he is innocent of marrital sin, he cannot marry.

First, I do not claim to know all the answers to questions pertaining to the Divorce and Remarriage issue, though I have sought diligently to fully understand this subject for several years. Nevertheless, I wish to share with you some basic concepts that are not only logical, reasonable and just but, more importantly, scripturally sound. There is one thing I am certain of and that is that the traditional position is error. There simply are to many serious problems with it.

Jesus' teaching on Divorce and Remarriage was directed at the Pharisees (Matthew 19:3-9). Jesus does not here make a new law but merely answers their question in light of the teachings of Moses. Their first question involved the matter of "putting away" for "any cause." They hoped to get Jesus to say something contrary to Moses, which they could use as a basis for killing him. They were of the opinion that Moses approved of men kicking their wives out for the least matters. However, the exact meaning of Moses teaching was indeed a hot issue for debate. Some assert that divorce was "permitted" only where adultery was committed by the wife and equate that with the Greek porneia, usually translated fornication. That is obviously false for two reasons. One, the Law required that women caught in the act of adultery were to be stoned. Two, porneia is not the word for adultery but is a broader term and includes acts of sexual immorality other than adultery. Thus, those who contend that a divorce for adultery only frees the innocent party to marry another are not consistent and therefore misuse the passage (Matt. 19:9).

It is important to realize that the practice of "putting away" was only "suffered" due to the Jews hardness of heart (Matthew 19:7-8). God evidently gave the regulation for actual "divorce" (Deut. 24:1-4) because women were being unjustly put away, without any livelihood, and without freedom to marry another. Thus, the Law, which required the giving of a "bill of divorcement" (see also Mark 10:3) was given for the benefit and protection of the women. It allowed that those women who were divorced "may go and be another man's wife" (Deut. 24:2). [See footnote - Mike Willis, Truth Magazine] Jesus, then, was not introducing a new law but upholding not only the Law of Moses, but God's law from the beginning (See Matthew 5:17-18). Jesus could not have contradicted the Law, under which he lived, for such would have been sin. This was the very thing that the Jews, who were enemies of Jesus, were trying to get him to do. They failed, and made no charge that Jesus sinned; but so-called friends of Jesus assert that He did change the Law. What folly!

The apostle Paul says that the Law of Moses was abolished and nailed to the cross (Colossians 2:14) and, at the same time, God’s new covenant came into force (Hebrews 8:1-9:17); so that we are now under the law of Christ (1 Corinthians 9:21; Galatians 6:2).

Therefore, in order to determine the Lord’s teaching concerning marriage, we must turn to the epistles. Here we find the original teaching of Genesis reaffirmed: “For the married woman is bound by law to her husband while he is living; but if her husband dies, she is released from the law concerning the husband. So then, if while her husband is living she is joined to another man, she shall be called an adulteress…” (Romans 7:2-3).

However, there are those who transgress God’s law and divorce their spouse. The divorce is real and the marriage is ended.

What of those who are currently in second marriages? There are those who would insist they divorce again and seek to marry their former spouse (contary to Deut. 24:1-4) or remain celibate for the rest of their lives! However, the Scriptures teach, “Nevertheless, to avoid fornication, let every man have his own wife, and let every woman have her own husband” (1 Corinthians 7:2). Those who would forbid any to marry are teaching a doctrine of demons! (1 Timothy 4:1-3).

The gospel must be preached to everyone (Mark 16:15-16), and all those who obey it (having all their sins washed away- Acts 2:38; 22:16) must be regarded as children of God in good standing. The idea that divorced ("unmarried") persons are not eligible for marriage is based upon the assumption that Jesus taught that a divorced person commits adultery with a new spouse. Jesus did not and could not possibly have taught such a thing because it would have been contrary to the Law, which means he would have transgressed it. That did not happen. To tell divorced persons they may not marry is to do opposite of what the Apostle Paul clearly commands. Carefully read 1 Cor. 7:8,9; 27,28. The message is: Let them marry for they sin not.



Footnote:
A reading of this passage demonstrates that Moses was trying to legislate in such a way as to aid the woman because of the manner in which man was abusing her. According to what I can understand was happening in the days of Moses, a man would put away his wife without any concern for her future. She would not be free to go out and marry another man and yet she could not live with her husband. This left her in destitute circumstances quite frequently. Hence, what Moses was trying to legislate was something that would aid women who had been put away by their husbands.

The Mosaical legislation said that if a man was going to put away his wife, he had to give her a bill of divorcement that showed that she was free from him and had the opportunity to remarry. Hence, it was designed to protect the women from the harsh treatment husbands were giving to them. You can therefore understand why Jesus said, "Moses because of the hardness of your heart suffered you to put away your wives, but from the beginning it was not so" (Matt. 19:8). Moses gave this legislation because of the hardness of heart which the Jews had and the manner in which they were treating their women. What Jesus was doing was reaffirming God's original pattern of one man married to one woman for life.

Truth Magazine XXIV: 14, pp. 227-230, April 3, 1980