DIVORCE





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Divorce Passages

Genesis 2:18-25

21So the Lord God caused a deep sleep to fall upon the man, and he slept; then He took one of his ribs, and closed up the flesh at that place. 22And the Lord God fashioned into a woman the rib which He had taken from the man, and brought her to the man. 23And the man said, "This is now bone of my bones, And flesh of my flesh; She shall be called Woman, Because she was taken out of Man." 24For this cause a man shall leave his father and his mother, and shall cleave to his wife; and they shall become one flesh.

"A helper suitable for him" (v.18, 21). What does this mean?

"He took one of his ribs, and closed up the flesh"

"Cleave to his wife"

"They shall become one flesh" –The two became something they were not before. Though a child is flesh from its mother’s flesh, they are not said to be one flesh. (1Co.7:4 the husband and wife do not have authority over their own body. The wife’s body is the husband’s, and the husband’s body is the wife’s. In divorce, there is a tearing of one flesh into two.

? What makes the two become one flesh? Is it the physical sexual union? Or is it God who joins the two as one? Is this a spiritual union?

Divorce is the result of the fall of man. God permits it as a result of the fall.

• Marriage joins a male and female together so they become one flesh.

 

Ex.20:14; Le.20:10; De.22:22 (Adultery)

"14You shall not commit adultery. –Ex.20:14

The 10 commandments specifically forbid adultery.

10If there is a man who commits adultery with another man’s wife, one who commits adultery with his friend’s wife, the adulterer and the adulteress shall surely be put to death. – Le.20:10

22If a man is found lying with a married woman, then both of them shall die, the man who lay with the woman, and the woman; thus you shall purge the evil from Israel. – De.22:22

Adultery in the Old Testament required death.

• God forbids adultery (Ex.20:14). Adultery in the Old Testament Required death (Le.2010; De.22:22).

 

Deuteronomy 24:1-4

1"When a man takes a wife and marries her, and it happens that she finds no favor in his eyes because he has found some indecency in her, and he writes her a certificate of divorce and puts it in her hand and sends her out from his house. 2and she leaves his house and goes and becomes another man’s wife, 3and if the latter husband turns against her and writes her a certificate of divorce and puts it in her hand and sends her out of his house, or if the latter husband dies who took her to be his wife, 4then her former husband who sent her away is not allowed to take her again to be his wife, since she has been defiled; for that is an abomination before the Lord, and you shall not bring sin on the land which the Lord your God gives you as an inheritance.

She is legally married to the second husband, but God says she is defiled.

? Is she defiled if she goes back to her first husband?

? or is she defiled because she has been with the second husband?

? By writing this regulation, is Moses encouraging or discouraging divorce? … Why?

? What is the purpose or why does Moses write this regulation? – This regulation by law is to restrict and protect.

v.1 "certificate of divorce" - ? What is the purpose of the certificate of divorce? (1) Protect the innocent spouse—from stoning. (2) Discourage divorce by making it more difficult; and (3) Allow the innocent spouse to re-marry (?).

• God is discouraging divorce by regulating the one initiating the divorce, which will protect the innocent spouse.

 

Matthew 19:3-12 (Certificate of Divorce)

3And some Pharisees came to Him, testing Him, and saying, "Is it lawful for a man to divorce his wife for any cause at all?" 4And He answered and said, Have you not read, that He who created them from the beginning made them male and female, 5and said ‘For this cause a man shall leave his father and mother, and shall cleave to his wife; and the two shall become one flesh’? 6"Consequently they are no longer two, but one flesh. What therefore God has joined together, let no man separate." 7They said to Him, "Why then did Moses command to give her a certificate of divorce and send her away?" 8He said to them, "Because of your hardness of heart, Moses permitted you to divorce your wives; but from the beginning it has not been this way. 9"And I say to you, whoever divorces his wife, except for immorality, and marries another woman commits adultery." 10The disciples said to Him, "If the relationship of the man with his wife is like this, it is better not to marry." 11But He said to them, "Not all men can accept this statement, but only those to whom it has been given. 12"For there are eunuchs who were born that way from their mother’s womb; and there are eunuchs who were made eunuchs by men; and there are also eunuchs who made themselves eunuchs for the sake of the kingdom of heaven. He who is able to accept this, let him accept it."

This is said to the Pharisees.

It may be lawful, but it is still sin.

? Why did Christ use porneia, immorality or fornication, instead of moiceia,adultery?

Immorality is more of a general word where adultery is more restrictive to at least one married person. If a married person has relations with an unmarried person, to the married it is adultery, to the unmarried it is immorality.

v.6 "command," v.8 "permitted" – The Pharisees tried to change the thought by calling it a "command." Moses gave permission to put away one’s wife. This regulation obligated the one putting away his innocent spouse to give a certificate of divorcement to declare her innocence.

Even if there is a just cause for divorce, this regulation does not require that it be done.

If a spouse is guilty of adultery he should be stoned to death, but the innocent spouse is not obligated to divorce.

? If one spouse knows the other is guilty of adultery, should he tell?

v.8 "Because of your hardness of heart" – Why didn’t Jesus say, ‘because of their hardness’? These Pharisees were not alive when Moses wrote this. Jesus is making a relationship between the Jews of Moses’ day and these Pharisees. They are no different, that is, if Moses was alive at the time of these Pharisees, he would have to enact the same regulation. Remember, this passage is in the setting where the Pharisees are "testing" (v.3) Christ. In other words, don’t use Moses as an excuse or blame God for permitting divorce.

"Hardness of heart" – (Gr. sklhrokardivan, one word). It is used 3 times: Mt.19:8; Mk.10:5; Mk.16:14. It has the idea of unbelief. So it is with divorce. It is the breaking down of the relationship between God and man.

v.9 "And marries another" – This phrase does not appear in the Mt.5:32 passage. It shows a reason for granting the certificate of divorce, namely, so the innocent may re-marry.

• Immorality is the only justified reason for divorce (Mt.19:9; 5:31-32).

• Divorce was permitted only because of their hardness of heart.

• God’s original intention is for one man and one wife to be married for life.

 

 

Matthew 5:31-32 (Adultery)

31"And it was said, Whoever sends his wife away, let him give her a certificate of divorce’; 32but I say to you that everyone who divorces his wife, except for the cause of unchastity, makes her commit adultery; and whoever marries a divorced woman commits adultery.

Here unchastity is the only exception where divorce does not result in adultery.

Apparently, remarriage is not adultery if the divorce was the result of unchastity.

Verses 29-30 the "eye" and "hand" continue the thought of lust, i.e., looking and the hand touching. This shows that the sin of immorality is serious.

• To divorce your spouse causes the spouse to commit adultery [if she marries another].

• "Whoever marries a divorced woman commits adultery."

 

 

Mark 10:1-12 (Certificate of Divorce)

1And rising up, He went from there to the region of Judea, and beyond the Jordan; and crowds gathered around Him again, and, according to His custom, He once more began to teach them. 2And some Pharisees came up to Him, testing Him, and began to question Him whether it was lawful for a man to divorce a wife. 3And He answered and said to them, "What did Moses command you?" 4And they said, "Moses permitted a man to write a certificate of divorce and send her away." 5But Jesus said to them, "Because of your hardness of heart he wrote you this commandment. 6"But from the beginning of creation, God made them male and female. 7"For this cause a man shall leave his father and mother, 8and the two shall become one flesh; consequently they are no longer two, but one flesh. 9"What therefore God has joined together, let no man separate." 10And in the house the disciples began questioning Him about this again. 11And He said to them, "Whoever divorces his wife and marries another woman commits adultery against her; 12and if she divorces her husband and marries another man, she is committing adultery."

Private with disciples.

Verses 11-12, in both cases adultery is the result of marrying another.

? Does this mean that getting divorced is not adultery, but re-marrying is? It appears that getting divorced is NOT adultery. But getting re-married and having relations with the new spouse is adultery.

If a woman marries a divorced man, she commits adultery.

v.5 "Because of your hardness of heart". Moses did not institute marriage. Israel practiced divorce even during their captivity in Egypt. Women were regarded as a piece of property (Ge.34:12; Ex.22:16-17; De.22:29; Jo.15:16; 1Sa.18:25). A husband could dispose of her like any other piece of property he owned. Moses was simply regulating it to protect the women from being divorced for any reason other than immorality.

Here (vs.3-5) Christ does not focus on the permission to put away, but on the command to give the certificate of divorce. The Pharisees used De. 24 as kind of an obligation to divorce.

v.8 "one flesh" – The picture goes back to where God created Eve from Adam’s rib. She was literally flesh of his flesh.

? What makes the fusion of "one flesh" – (1) The sexual union; and (2) the union of the two spirits, wills, and personalities.

v.9 "God has joined together" – God is the Creator of marriage, even if the two are not believers.

v.9 "let no man separate" – Man may oppose God’s work, but God sets the consequences of that choice.

• It is God Who joins the two together and makes them one flesh.

 

John 8:1-11 (Adultery)

[1But Jesus went to the Mount of Olives. 2And early in the morning He came again into the temple, and all the people were coming to Him; and He sat down and began to teach them. 3And the scribes and the Pharisees brought a woman caught in adultery, and having set her in the midst, 4they said to Him, "Teacher, this woman has been caught in adultery, in the very act. 5"Now in the Law Moses commanded us to stone such women; what then do You say?" 6And they were saying this, testing Him, in order that they might have grounds for accusing Him. But Jesus stooped down, and with finger wrote on the ground. 7But when they persisted in asking Him, He straightened up, and said to them, "He who is without sin among you, let him be the first to throw a stone at her." 8And again He stooped down, and wrote on the ground. 9And when they heard it, they began to go out one by one, beginning with the older ones, and He was left alone, and the woman, where she was in the midst. 10And straightening up, Jesus said to her, "Woman, where are they? Did no one condemn you?" 11And she said "No one Lord." And Jesus said, "Neither do I condemn you; go your way. From now on sin no more."]

Christ is speaking to the Pharisees

Christ does not condemn a woman caught in the act of adultery. This may be for the sake of the Pharisees who are trying to test (v.6) Him.

Christ did not tell her to return to her husband, if he would have her.

Christ did not tell her to marry another if she was already divorced.

• Christ forgave a woman caught in adultery. He told her to go and sin no more.

 

Luke 16:18 (Adultery)

18"Everyone who divorces his wife and marries another commits adultery; and he who marries one who is divorced from a husband commits adultery.

Christ is speaking to the Pharisees.

If a man marries a divorced woman, he commits adultery.

"another" (eJteran, another of a different kind, qualitatively different). The Pharisees would see differences in other women and desire to marry them, rejecting their wives. Thus personal tastes and pleasure guided their thinking instead of love and dedication.

There is a definite article before "divorce" and "marries" which gives the idea that by their actions they are destroying God’s institution of marriage.

? How many of those "who divorces his wife" commits adultery? – Everyone.

• To divorce your spouse and marry another is adultery.

• A person who marries a divorced person commits adultery.

 

 

1 Corinthians 6:16-20 (Adultery)

16Or do you not know that the one who joins himself to a harlot is one body with her? For He says, The two will become one flesh." 17But the one who joins himself to the Lord is one spirit with Him. 18Flee immorality. Every other sin that a man commits is outside the body, but the immoral man sins against his own body. 19Or do you not know that your body is a temple of the Holy Spirit who is in you, whom you have from God, and that you are not your own? 20For you have been bought with a price: therefore glorify God in your body.

Immorality is a sin against the body

Refers back to original intention at creation.

Paul is teaching that we become "one flesh" with the person with whom we have sexual relations.

The believer’s union with Christ is spiritual, i.e., spiritual body (1Co.12:13; Ro.12:5; Ep.5:30).

Some may argue that gluttony and drunkenness (v.10) are sins against the body. But these are excess of things that are morally neutral. These can be corrected in moderation. However, immorality cannot be undone.

• Immorality is a sin against the body (v.18).

 

 

Romans 7:1-6 (Marriage and the Law)

1Or do you not know, brethren (for I am speaking to those who know the law), that the law has jurisdiction over a person as long as he lives? 2For 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. 3So then if, while her husband is living, she is joined to another man, she shall be called an adulteress; but if her husband dies, she is free from the law, so that she is not an adulteress, though she is joined to another man.

The overall context is that the law has authority over man only as long as he lives. The Christian’s relationship to the law, for he is dead to the law but alive unto Christ.

Marriage is not the main thought here. It is used as an illustration to relate the Law concept.

Divorce and death are seen in a similar way, namely, as an end of something.

? v.3 If her husband is not dead, and she is "joined to another man" what is she called? – "an adulteress."

? v.3 "Free from the law" and "she is not an adulteress" - ? Is this "legal" divorce?

Context: The Christian’s relationship to the Law. The Christian has died with Christ. The Christian is dead to the Law, but alive unto Christ.

"Is bound" (v.2, Gr. perfect tense, ‘has been bound and stands bound’) to her husband as long as her husband is alive.

"She is free" (v.3, Gr. perfect tense, ‘has been and stands discharged’) from the law of the man.

"She shall be called" (v.3, Gr. future tense, ‘shall be publicly known as an adulteress.’

A widow who marries again is not an adulteress.

• A person is bound to their spouse as long as they are alive. If the spouse dies, they are free to re-marry. To marry another while their spouse is living makes you commit adultery.

 

1 Corinthians 7:1-16, 39-40 (Believing / Unbelieving Spouse)

1Now concerning the things about which you wrote, it is good for a man not to touch a woman. 2But because of immoralities, let each man have his own wife, and let each woman have her own husband. …10But to the married I give instructions, not I, but the Lord, that the wife should not leave her husband 11(but if she does leave, let her remain unmarried, or else be reconciled to her husband), and that the husband should not send his wife away. …39A wife is bound as long as her husband lives; but if her husband is dead, she is free to be married to whom she wishes, only in the Lord.

v.6 "not of command" – There are things that an individual’s conscience must decide.

v.14 "sanctified" – This is a case where both are unbelievers when they are married, then one of them believes in Christ. The idea is that the declared faith of the believer sanctifies the unbelieving spouse as a spiritual unbeliever. The believer’s commitment to avoid fornication sanctifies the unbeliever.

• A person is bound to their spouse as long as they are alive. If the spouse dies, they are free to re-marry.

• A believer should not marry an unbeliever (1Co.7:39; 2Co.6:14).

 

2 Corinthians 6:14-18 (Associations)

14Do not be bound together with unbelievers; for what partnership have righteousness and lawlessness, or what fellowship has light with darkness?

This passage has a wider application than just marriage. Marriage between a believer and unbeliever is forbidden.

Christians should have close ties only with those who are believers. The context here is likely of pagan idolaters (1Co.10:14) or false apostles (2 Co.11:2-4) who were leading them astray. Marriage is applied here in principle only.

• Your close associations should be of those who are of like mind and belief as yours.

 

Divorce Scenario's

Possible Scenarios Involving Divorce and Remarriage

Scenarios

Bill of Divorcement1 Given?

Divorce Description

Remarriage Description
(What if there is remarriage?)

Innocent2 person divorces their guilty spouse because of immorality
(Mt.5:32; 19:9)

Yes

The Bill of Divorcement is given to protect the innocent-divorced from society’s5 stigma of adultery. This releases the innocent divorced from the marriage obligation.

If the guilty re-marries society and God says he and the new spouse is guilty of adultery.

If the innocent-divorced wants to re-marry:

  • Society says the innocent person is free to re-marry.

No

Since no Bill of Divorcement is given, even the innocent-divorced person bears society’s stigma of adultery. Because of this, the innocent divorced is most likely to give the Bill of Divorcement.

Guilty3 person (adulterer) divorces their innocent spouse for another partner
(De.24:1-4)

Yes

By giving this Bill of Divorcement to the innocent-divorced the guilty is taking the guilt of the divorcement upon him. The innocent divorced does not bear society’s stigma of adultery.

If the guilty remarries, the guilty and the new spouse are guilty of adultery before God (Mk.10:11-12).

If the innocent-divorced person wants to re-marry:

  • With a Bill of Divorcement society says the innocent divorced is free to re-marry.
  • Without a Bill of Divorcement society assumes the innocent divorced is guilty of adultery.

No

By not receiving the Bill of Divorcement the innocent-divorced bears society’s stigma of adultery, but not before God.

Guilty-unjustified7 person divorces their innocent partner for an unjustifiable4 cause
(De.24:1-4)

Yes

By giving the Bill of Divorcement the guilty is taking the blame for the dismissal.

An innocent-person6 who marries an innocent-divorced person:

  • With a Bill of Divorcement society says the innocent-divorced is free to re-marry, and does not commit adultery by doing so.
  • Without a Bill of Divorcement society assumes the innocent-divorced is guilty of adultery. An innocent person who marries the innocent divorced person shares the stigma of adultery.

No

By not receiving the Bill of Divorcement the innocent-person may bear society’s stigma of adultery upon her.

NOTES

1 By commanding to give a Bill of Divorcement (De.24:1-4; Mt.5:31), God is protecting the innocent from the guilty. This is why Christ commanded to give a bill of divorcement (Mt.5:31).

2 The innocent-divorced is not guilty of a sexually immoral act. This person has not been unfaithful to his spouse.

3 The guilty has had an adulterous relationship with a person other than his spouse.

4 An unjustified cause is anything NOT related to sexual immorality (adultery). Christ said that "immorality" (porvneia, Mt.5:32; 19:9) is the only exception for divorce.

5 Society as used on this table applies primarily to Israel in both the Old and New Testament periods. The same may apply to our society today.

6 The innocent-person is one who has not been married before.

7 The guilty-unjustified person divorces his spouse for an unjustified reason. Christ said that "immorality" (porvneia, Mt.5:32; 19:9) is the only exception for divorce.

 

 

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Tom Elseroad
12-19-1999

©1999 Tom Elseroad, http://www.elseroad.com. Anyone is free to reproduce this material and distribute it,
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