Jesus on Divorce: How My Mind Has Changed
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Jesus on Divorce: How My Mind Has Changed William A. Heth William A. Heth is Professor of New Introduction some circumstances (persistent adultery, Testament and Greek at Taylor Univer- What did Jesus mean when he spoke out physical or verbal abuse, incest, etc.), sity and has served as a professor at prophetically against divorce and remar- Jesus taught that his disciples should not Taylor since 1986. Dr. Heth has written riage as it would have been understood remarry after divorce. In short, remarriage extensively on the issue of divorce and and practiced by his first-century hearers? after divorce for whatever reason—even remarriage. He co-authored with How literally should we interpret those sexual immorality (Matt 5:32; 19:9)—was Gordon Wenham Jesus and Divorce. A pronouncements? Did Jesus intend to set a violation of the seventh commandment, second edition of this work was pub- forth an exceptionless absolute? Or should “You shall not commit adultery” (Exod lished in 1997. we approach his divorce sayings as rhe- 20:14; Deut 5:18).2 How do matters stand torical overstatements intended to empha- now? size a particular point, but admitting of The consensus appears to be stronger exceptions? How would his audience than ever. Christianity Today’s 1992 read- have understood those sayings, and what ers survey revealed that can we learn from his earliest disciples’ attempts to understand and apply Jesus’ The majority believe that fornication (73 percent) and desertion by a non- teaching to their respective Christian com- Christian spouse (64 percent) are munities? Did they faithfully reflect the two scriptural grounds for remar- intent of the one they called Lord and mas- riage. At the same time, a significant minority believe Jesus taught that ter, or would Jesus be displeased with how believers should not remarry after they had modified his standard? Further- divorce (44 percent) and that God more, how should we, his twenty-first designed marriage to be permanent, and remarriage constitutes adultery century followers, apply them in our very (44 percent). Less than four out of different socio-cultural contexts? These ten believe there may be reason for remarriage other than adultery or are the kinds of questions that scholars ask desertion.3 as they wrestle with the NT records of Jesus’ teaching on divorce and remarriage. Furthermore, nearly every one of the The American edition of Jesus and weighty American commentaries on the Divorce appeared in 1985 with the subtitle Gospels written since 1984 essentially The Problem with the Evangelical Consensus.1 defends the majority view,4 and so does What is that consensus? The majority of every article in IVP’s reference collection evangelicals believe that Jesus permits that touches on marriage, divorce, remar- remarriage after divorce for marital riage, and adultery.5 Though we contin- unfaithfulness (Matt 5:32; 19:9) and that ued to defend our views in the face of Paul sanctions remarriage when Christian others’ rejection of our exegesis,6 only two spouses are abandoned by unbelieving scholarly monographs and one major mates (1 Cor 7:15). We argued to the con- commentary affirmed Wenham’s and my trary that even though marital separation understanding of the divorce texts.7 For or legal divorce may be advisable under me, personally, this proved troubling. This 4
meant that the best of evangelical schol- Genesis 2:24 and the way all ancient Near arship had read our material and found it Eastern law codes, including the Bible, wanting—scholars that I admired and have always made a distinction between who sought to handle these texts as criti- justifiable as opposed to unjustifiable cally and fairly as we attempted to (espe- divorces. I would like to quote here at the cially Stein, Carson, and Blomberg).8 outset, if not for the reader, at least for As noted in the 1997 appendix to Jesus myself, R. F. Collins’s reminder in the and Divorce, no major new interpretations Introduction to his erudite study on Di- of Jesus’ teaching have been proposed vorce in the New Testament: since its publication in 1984, and of the six major interpretive approaches we In the study of the New Testament, there are more than merely method- originally surveyed, only two remain as ological issues which must be con- viable options today: (1) the majority sidered. Exegesis, the science of the evangelical Protestant view and (2) the interpretation of texts, is not an exact science, as chemistry and minority early church fathers’ or “no physics may claim to be. Exegesis is remarriage” view. The view that porneia a matter of the interpretation of data, in the exception clauses should be under- a matter of sensitivity and judgment. Even scholars viewing the data from stood to mean marriage within forbidden the same angle often come to differ- degrees of kinship (Lev 18:6-18) and that ent conclusions. The use of similar methodology does not always pro- it refers to a specific situation facing vide the same results.11 Matthew’s church in which Gentile con- verts were incorporated into a Jewish And I might also add from my own expe- Christian context, is no longer a viable rience that holding fast to one or two interpretive option.9 inaccurate concepts means that several In what follows I will set forth the others will have to be misconstrued in major positions on the crucial texts for order to bring coherence to the whole. both the majority and minority views and then explain what caused me to reconsider Majority and Minority Views my interpretive grid and modify my per- Though other considerations could be spective over the past nine years. In the noted, the following chart depicts the chart under the majority view I will sub- major points of contention between the stitute some of the more recent arguments majority who believe that the NT allows related to the OT texts that I have gleaned remarriage after divorce for one or more from G. Hugenberger’s work, Marriage as reasons and the minority who believe that a Covenant,10 for this is the work that has Jesus did not want his disciples to remarry corrected my understanding of the nature after divorce. of the marriage covenant encapsulated in 5
Issue Majority Minority The nature of Covenants may be both violated and Covenants are binding and cannot biblical covenants dissolved.12 The primary sense of be broken.15 E.g., Hos 1:9 is not “covenant” (berit) is that it is an an announcement by God of the “elected, as opposed to natural, dissolution of the covenant compa- relationship of obligation established rable to divorce. “The covenant under divine sanction.”13 Covenants nowhere makes provision for such were “the means the ancient world an eventuality. Covenant-breaking took to extend relationships beyond on the part of Israel (unilateral the natural unity by blood.”14 Minor- withdrawal) calls for severe ity view’s point about Hos 1:9 is punishment. Israel cannot opt correct as far as it goes; but once the out by no longer acknowledging covenant is broken by Israel’s infidel- Yahweh. The punishment is not ity, God can legitimately divorce an expression of a broken relation- Israel such that the people are no ship. On the contrary, it is enforced longer acknowledged as “my people” within the relationship; punish- (Hos 1:9). However, the legal right ment maintains the covenant.”16 to disown his people does not preclude the completely unexpected and infinitely gracious possibility that God may yet establish a new covenant. Gen 2:23 — “This at last [Agrees with the Heth and The marriage covenant is compa- is bone of my bones and Wenham minority view’s points, rable to the kinship bond that exists flesh of my flesh” & but qualifies them.] between parents and children. Gen 2:24 — “leave and “[T]he ‘relationship formula’ [Gen The covenanted (“leave” and cleave” and “become 2:23] is not merely an assertion of cleave” are covenant terms; cf. one flesh” an existing blood tie, ‘but is rather Deut 10:20; 11:22; 13:4; 30:20; Josh a covenant oath which affirms and 22:5; 23:8; Ruth 1:14-16) and establishes a pattern of solidar- consummated marriage witnessed ity.’”17 “Clearly, sexual union is and joined by God (Mal 2:14; Matt the indispensable means for the 19:6//Mark 10:8b-9) results in the consummation of marriage both in two becoming “one flesh,” that is, the Old Testament and elsewhere kin or blood relatives. The kinship in the ancient Near East.18 ” Sexual nature of marriage is also indicated union probably functioned this by the Gen 2:23 relationship way because it was viewed as the formula, “bone of my bones, and oath-sign that ratified the marriage flesh of my flesh” (cf. 29:14; 37:27; covenant. Judg 9:1-2; 2 Sam 5:1; 19:12-13).19 6
Issue Majority Minority Deut 24:1-4 The scholarly consensus is that “the The minority view agrees with the intent of this casuistic law is neither scholarly consensus (which also to authorize divorce, nor to stipulate notes that there are two types of its proper grounds, nor to establish divorce mentioned in vv. 1-3: the its requisite procedure. Rather its sole one that has just cause [“some concern is to prohibit the restoration indecency”] and the other based of a marriage after an intervening on aversion [“hate”] which has marriage.”20 The v. 4 prohibition adverse financial penalties for the closes a legal loophole that otherwise offending husband). Deut 24:4 might seem to legitimize a form of prohibits unjust enrichment (due adultery.21 Other reasons have been to estoppel).22 offered also. Mal 2:16– Interpretation is vexed by a NIV translates: “‘I hate divorce,’ ”I hate divorce” translation problem. ESV is most says the LORD God of Israel, ‘and probable: “‘For the man who hates I hate a man’s covering himself and divorces, says the LORD, the with violence as well as with God of Israel, covers his garment his garment,’ says the LORD with violence, says the LORD of Almighty.” This is an absolute hosts ... ‘“ Malachi only condemns prohibition of divorce.24 divorce based on aversion (i.e., unjustified divorce). “Mal. 2:16 shares the same assessment of divorce based on aversion as seems to be presupposed for the second divorce in Deut. 24:3, with its adverse financial consequences for the offending husband.”23 7
Issue Majority Minority Luke 16:18 This is Luke’s one example of The introductory “Everyone who radicalizing the law, and the way divorces” (pas ho apolyon) employs it is stated admits of no exceptions. a legal ordinance form similar to The casuistic form is employed OT casuistic law.27 Jesus teaches for emphasis and exaggeration: it a standard (as opposed to an ideal) presents an ideal like Jesus’s sayings that he expects his disciples to in Mark 10:11-12. Jesus’ concern is not keep. Paul apparently follows with legal definitions but with moral Luke’s (and Mark’s) unqualified exhortation.25 Alternatively, Luke form of Jesus’ saying in 1 Cor 7:10- uses this saying as an allegorical 11. Only two alternatives present statement on Jesus’ non-abolition themselves in case of divorce: of the Law (v. 17)— the person who remain unmarried or else be annuls part of the Law in favor of reconciled. some other practice is like a man divorcing his wife in favor of another woman. Provides no help in deter- mining Jesus’ literal views on divorce and remarriage.26 Mark 10:11-12 Jesus, a prophetic wisdom teacher, Yes, Jesus was questioned by the uses rhetorical overstatement to Pharisees, but his final word for drive home a general point to them is found in v. 9: “What hostile questioners. Thus Mark therefore God has joined together, simply records Jesus’ emphatically let not man separate.” However, stated divorce saying without Jesus’ absolute prohibition of intending to specify possible divorce and remarriage is reserved exceptions. Jesus cannot be for the disciples in the Markan construed as teaching an place of private instruction, “the “exceptionless absolute” based on house” (7:17; 9:28; 10:10; cf. 4:34). Mark because both Matthew (5:32; Jesus is clarifying kingdom stan- 19:9) and Paul (1 Cor 7:15) qualify dards for his disciples, to whom Jesus’ prohibition of remarriage Jesus gives insights into the after divorce. Alternatively, Jesus’ mysteries of the kingdom of God sayings should be understood as (4:11), not addressing unbelieving generalizations that admit of outsiders whom he wants to bring exceptions. to repentance with a prophetic word. 8
Issue Majority Minority Matt 5:32 The exception, applied in a legal way, This saying employs a legal qualifies Jesus’ prophetic pronounce- ordinance form similar to OT ment (i.e., a wisdom saying that casuistic law (cf. Luke 16:18a). This should be read as a prophetic and antithesis cannot be read in light of somewhat hyperbolic summons to the first two. Jesus sets before the an ideal like the preceding sayings disciples a standard (as opposed about anger and lust).28 The excep- to an ideal) that he wants them to tion reflects the language of Deut 24:1 keep. The exception restricts the and identifies a valid divorce. For statement “causes her to commit first-century Jewish readers, a valid adultery.” It is tautologous: if divorce by definition included the one’s wife has already committed right to remarry. adultery, then the husband who divorces her does not make her commit adultery. She has made herself one already. The question of freedom to remarry after a lawful divorce is not addressed. Jesus’ Orientation Matthew sees Jesus as explaining Jesus opposes the way the Pharisees toward Deut 24:1 in the meaning of the law. employed Deut 24:1 and contrasts Matthew 19//Mark 10 Deuteronomy’s “some indecency” divorce with God’s will “from the = Matthew’s “sexual immorality.” beginning.” Jesus would neither In the OT, divorce for “some interpret nor abrogate something indecency” identified a legally Moses never legislated. Jesus valid divorce. Valid divorces prohibited what Moses permitted; always included the right to he did not permit what Moses remarry. Jesus demotes Moses’ prohibited. So Jesus neither concession in Deuteronomy and divinely interprets nor abrogates subordinates it to Genesis, but Deut 24:1. It was a concession to valid divorces are God’s permis- human sinfulness in the OT era sive will for some innocent victims and contrary to God’s will all of divorce. along. 9
Issue Majority Minority Matt 19:9 and the syntax Exceptions are precisely exceptions. The placement of the clause after of the exception clause That the clause modifies both the “divorces” but before “and remar- divorce action and the remarriage ries” argues that Jesus permitted action is determined more by the divorce for marital unfaithfulness concept of justifiable divorce than by but not also remarriage. In a Greek grammar. The clause, either culture that demanded the wife spoken by Jesus himself (Carson, be divorced for immorality, the Blomberg) or supplied by Matthew exception clause relieves the man under the Spirit’s inspiration (Stein, of the responsibility for the divorce Keener, Hawthorne), clearly justifies and its consequences. Understands divorce for immorality and permits Matthew’s exception in light of the remarriage. True, marriage must not unqualified form of Jesus’ sayings be dissolved. But if dissolved by in Mark, Luke, and Paul ( i.e., persistent sexual immorality, the remarriage after any divorce marriage covenant is violated. results in adultery) and the Gen 2:24 “kinship” nature of the marriage relationship. Meaning of “divorce” Valid divorces always included the Evidently the bill of divorce does (apolyo) right to remarry. Both Jewish and not dissolve the marriage since Roman cultural contexts permit- Jesus states that remarriage ted, yea even required, divorce for amounts to adultery (Matt 5:32b; adultery and remarriage could 19:9b). Matthew’s Jesus rejects the naturally follow. Thus Matthew’s Pharisees’ proof-text for their readers would assume that the “remarriage-assumed” view divorce Jesus permits for immoral- (Deut 24:1) and instead appeals to ity must be the same kind of Gen 2:24 (with it’s kinship under- divorce that Jesus’ contemporaries standing of marriage) as the basis practiced: it included the right to for his views. Three factors suggest remarry. If it meant separation or that Jesus’ reference to “divorce” legal divorce only, without the does not sanction remarriage: right to remarry, then Matthew’s (1) the “one flesh” kinship concept readers would not have readily of marriage; (2) the probably recognized this semantic shift authentic longer reading of Matt without further explanation. 19:9 (“and whoever marries a divorced woman commits adultery” [cf. Matt 5:32b]); and (3) Jesus’ response to the disciples’ objection in vv. 10-12. 10
Issue Majority Minority Matt 19:10-12 & the Even with the exception, Jesus’ “This saying” (v. 11) refers to Jesus’ “eunuch saying” position is more daunting than difficult word against divorce and Shammai’s. “This saying” (v. 11) remarriage in v. 9. “Those to refers to the disciples’ objection in whom it is given” are the faithful v. 10 that “it is better not to marry.” disciples (as opposed to Pharisees Jesus recognizes that God enables and outsiders [cf. 13:11-12]) that some to remain celibate for the sake Jesus encourages (v. 12) to embrace of advancing the claims and interests his difficult word that they should of God’s kingdom (cf. 1 Cor 7:7, remain single after divorce even 25-38). for sexual immorality. How do Jesus & Jesus is more radical than Jesus is much more radical than Shammai differ? Shammai. Jewish (and Roman) Shammai. Shammai mandated law mandated divorce for sexual divorce for sexual immorality, but immorality, but Jesus only Jesus prohibits most divorces and permits it. This means that broken remarriage after divorce for porneia marriages may still be restored. (i.e., adultery, bestiality, incest, sodomy, homosexuality, etc.) 1 Cor 7:10-11 Paul is talking about divorce in Studies indicate that Paul’s teach- situations other than divorce for ing on sexuality, marriage, and sexual unfaithfulness. The believers singleness in 1 Corinthians 6 and 7 advocating asceticism (1 Cor 7:1) stems from the same tradition of wanted to enforce their “no sexual Jesus’ teaching that Matthew relations” slogan on the married records in 19:3-12. Yet Paul says (vv. 1-7), the widowers and widows that if a divorce or separation takes (vv. 8-9, 39-40), those advocating place, “let them remain unmarried separation (vv. 10-16), and the or else be reconciled.” Where Paul engaged (vv. 25-28, 34, 36-38), who, specifically mentions the possibil- like other singles (vv. 29-35), are still ity of remarriage, in both instances free from matrimonial ties and could he notes explicitly that one of live single if they have the gift of the spouses has died (1 Cor 7:39; sexual self-control (vv. 7, 9a; cf. Matt Rom 7:2-3). Thus Paul follows the 19:11-12). teaching of Jesus.29 11
Issue Majority Minority 1 Cor 7:15–”not enslaved” This phrase distinctly frees the Like Matthew’s exception clause, (ou dedoulotai) innocent party to remarry.30 The Paul’s qualifier relieves the inno- essential formula in the Jewish bill of cent party of the guilt of violating divorce were the words “you are free Christ’s command not to divorce to any man” (m. Git. 9:3). Paul (mentioned 4x in vv. 10-13). employs the same formula for Nothing is said about the possibil- believers abandoned by unbelieving ity of remarriage. The following spouses.31 Douloo (1 Cor 7:15) and deo considerations suggest remarriage (1 Cor 7:39; Rom 7:2) “are related”32 is not permitted: (1) marriage is a and used interchangeably (unless one creation ordinance, binding on all excludes categories so as to have so irrespective of their faith or the few examples left as to be able to lack thereof; (2) Paul has already argue whatever one wishes). Both specifically prohibited remarriage free someone who was once married in vv. 10-11; (3) when Paul speaks to remarry. about the binding character of marriage he uses the term deo (Rom 7:2; 1 Cor 7:39; cf. 7:27, a promise of engagement), not douloo (1 Cor 7:15); and (4) where he clearly mentions the possibility of remarriage, Paul also refers to the death of one of the marriage partners (1 Cor 7:39; Rom 7:2). 1 Cor 7:39 & Rom 7:2— 1 Cor 7:39 involves a real case at Whenever Paul mentions the “a wife is bound Corinth and Rom 7:2 occurs as an possibility of remarriage, in both (dedetai) to her husband illustration of how the Mosaic law cases he notes specifically that as long as he lives” only has power over people as one of the spouses has died. This long as they live. Paul does not is Paul’s ordinary usage for the have in view divorce for sexual indissolubility of marriage as long immorality in either place. as a mate is living. Church Fathers A growing, unbiblical asceticism, The historic teaching of the especially in sexual matters, church—up to the 6th century in distorted and restricted the fathers’ the East and up to the 16th century interpretation of Jesus and Paul’s in the West—stands firmly behind teaching. Note the asceticism a no remarriage understanding of promoted in 1 Corinthians 7 Matt 19:9 and 1 Cor 7:15. already.33 12
Initial Doubts about eager as I was to follow Jesus’ teaching My Minority View wherever it might lead. I wanted to un- I found my own “no remarriage” derstand why the best defenders of the understanding of Jesus’ teaching on majority view were not persuaded by my divorce challenged when I first read C. S. arguments to the contrary. Keener’s book . . . And Marries Another in the fall of 1992.34 For the first time since Rethinking 1 Corinthians 7:15 1982—the year I wrote my Th.M. thesis Early on in my study of the biblical on divorce and remarriage—I began to teaching on marriage and divorce I was wonder if the defense for my “no remar- influenced greatly by G. Bromiley’s little riage” position was as exegetically sound book, God and Marriage. Bromiley devel- as I had thought. ops a theology of marriage patterned In November of 1994 I presented a after God’s relationship with Israel and paper at the annual meeting of the Evan- Christ’s relationship to the church and gelical Theological Society responding to paints the kind of “big theological picture” Keener’s exegesis. I revised it and pub- that helps one see the forest of God’s lished it as “Divorce and Remarriage: The design for marriage through the some- Search for an Evangelical Hermeneutic.”35 times ambiguous exegetical trees.36 I was It was that spring that Gordon Wenham puzzled, however, why Bromiley agreed and I were finalizing the appendix to Jesus with me that Matthew’s exceptions did not and Divorce for the Paternoster reprint that clearly permit remarriage, but did believe finally appeared in 1997; but to be honest, that Paul allowed remarriage to the Chris- my heart was not fully into writing it. tian deserted by an unbeliever (1 Cor I had begun to feel the weight of the 7:15).37 If Jesus had taught that marriage majority position’s arguments. I had writ- is for life, and that remarriage after divorce ten and read so much about this subject for whatever reason amounts to adultery, that I felt jaded and numbed by the whole how could Paul permit remarriage after issue. Nevertheless, I held out hope that I divorce in a situation that seemed “less still might be right and did as much as I serious” (depending on one’s viewpoint) could to keep defending our “no remar- than the remarriage after divorce for riage” view in that appendix. immorality that Jesus disallowed?38 When people would ask whether or not About ten years later when I read in I still held my view, I simply said, “I don’t Keener’s statement that Paul’s “not under know what to believe any more.” I had to bondage” (KJV) “distinctly frees the inno- face the fact that the key articles in IVP’s cent party to remarry” and that “If Paul Dictionary of Jesus and the Gospels (by R. H. meant that remarriage was not permitted, Stein) and Dictionary of Paul and His he said precisely the opposite of what he Letters (by G. F. Hawthorne) were in meant,”39 I found myself initially agree- essential agreement with Keener’s book. ing with his straightforward analysis of I knew my own intellectual limitations Paul’s language.40 Keener argued that the well enough not to presume that “I alone essential formula in the Jewish bill of must be right,” and one personal conver- divorce, “You are free to marry any man” sation with Bob Stein at a professional (m. Git. 9:3), functions in precisely the meeting convinced me that he was as same way as Paul’s “not being enslaved” 13
in 1 Corinthians 7:15. However, I went on woman (= wife), ‘…is Paul’s ordinary to challenge Keener’s arguments that “not usage for the indissolubility of marriage being enslaved” is different from being as long as a mate is living (v. 39; Rom. “free” to remarry both lexically and con- 7:2).”44 He also makes a telling comment ceptually. 41 Without going into all the about 1 Corinthians 7:39, one that waves details here, having just reread my a caution flag in the face of attempts to fill response to Keener after ignoring it for the in the answers to nagging interpretive past six years, I do not see how I missed questions by appealing indiscriminately the fact that Paul’s negative formulation to known first-century cultural back- (“In such cases the brother or the sister is grounds: “The first statement, ‘A woman not enslaved”) was making precisely the is bound to her husband as long as he same point as the positive formulation in lives,’ runs so counter to Jewish under- the Jewish bill of divorce (“You are free to standing and practice at this point in his- marry any man”). That Keener was not at tory that it almost certainly reflects Paul’s all persuaded by my counter arguments understanding of Jesus’ own instructions is evident by the italicized word in the (see on v. 10). As such it is a final word following 1 Corinthians 7:15-related state- against divorce and remarriage.”45 ment I recently found in his 1999 commen- To sum up, I had relied quite heavily tary on Matthew: “Paul’s words recall the on 1 Corinthians 7:39 and Romans 7:2-3 exact language for freedom to remarry in as evidence that Paul followed Jesus’ ancient divorce contracts, and his ancient understanding of marriage as a “one readers, unable to be confused by mod- flesh” kinship relationship that could not ern writers’ debates on the subject, would be dissolved. I also believed that Paul was have understood his words thus…”42 This reflecting Jesus’ sayings in 1 Corinthians meant that if Paul made an exception to 7:10-11 when he allowed the divorced Jesus’ seemingly absolute prohibition of believer only two options: “remain divorce and remarriage in 1 Corinthians unmarried or else be reconciled.” How- 7:15, then it was certainly possible that one ever, I had to admit that Paul may not could interpret Jesus’ exception clauses in have had divorce for sexual immorality Matthew in similar fashion.43 in view in any of those statements. Cer- Nevertheless, I knew that both Jesus tainly at Corinth Paul was addressing a and Paul adopted viewpoints quite the situation where divorce was being advo- opposite of their surrounding culture, and cated by those who claimed to be believ- that where Paul did mention permission ers, and the ascetic party was trying to for remarriage, in both places he also force their views of sexual abstinence (cf. explicitly refers to the death of one of the 1 Cor 7:1) on both the married and the spouses. G. D. Fee had also highlighted formerly married (vv. 1-16, 39-40) as well the similarity between the language of as those pledged to be married and the Romans 7:2-3 and Paul’s statement in never-before-married (vv. 25-38).46 This 1 Corinthians 7:39: “A wife is bound to her led me to reconsider again the possibility husband as long as he lives. But if her that Jesus’ teaching on divorce involved husband dies, she is free to be married to either generalizations or rhetorical over- whom she wishes, only in the Lord.” Fee statements that were never intended to be adds that “the language ‘bound to a understood as exceptionless absolutes. 14
Rethinking the Form of Jesus’ geration (Stein, Keener, Hawthorne, Col- Divorce Sayings lins) or “a generalization which admits of I have just come off of a fall semester certain exceptions.”50 The former view where I was asked to teach the Gospels emphasizes that Jesus referred to himself course at Taylor University to fill in for a as a prophet (Matt 13:57), taught as a wise colleague on sabbatical. Never having man (Matt 12:38-42), and spoke out pow- read Blomberg’s NAC commentary on erfully against the religious hypocrisy and Matthew from beginning to end, I chose injustices he observed (Matthew 23). it as one of my texts for the course. I thor- Therefore, if Jesus wanted to drive home oughly enjoyed the opportunity to work a particular point in the midst of a hostile through his entire exposition of Matthew’s audience, “his omission of any qualifica- message and his many insightful practi- tion may be understandable.”51 Davies cal applications. On a number of occasions and Allison note that I drew my students’ attention to his cau- tious avoidance of interpretive extremes.47 Jesus’ saying about divorce was, when first delivered, probably I was impacted, too, by his very balanced intended to be more haggadic than treatment of Jesus’ teaching on divorce. halakhic; that is, its purpose was not As a result, he gained my trust. to lay down the law but to reassert an ideal and make divorce a sin, Though it almost seems too obvious to thereby disturbing then current mention now, when the Pharisees asked complacency (a complacency well Jesus where he stood on the matter of di- reflected in Hillel’s view that a woman could be divorced even for vorce (Matt 19:3//Mark 10:2), the pro- burning food: m. Git. 9.10). Jesus was nouncements he made were not ad- not, to judge by the synoptic evi- dence, a legislator. His concern was dressed to friendly disciples who were not with legal definitions but with eager to obey fully his every word. moral exhortation (cf. 5:27-30).52 Blomberg’s warning caught me off guard: “The specific historical background that On the other hand, I would prefer to informed this debate, the particular way classify Jesus’ sayings as generalizations, in which the question is phrased, and the even though the exposition is essentially unscrupulous motives behind the Phari- the same under either category. I just think sees’ approach all warn us against the words like “exaggeration,” “hyperbole,” notion that Jesus was comprehensively and “rhetorical overstatement” convey addressing all relevant questions about the wrong idea. Based on what I have marriage and divorce.”48 Thus it is quite recently learned, I now find myself in likely that we should not treat “Jesus’ agreement with Blomberg: words as if they were the objective, refer- ential language of jurisprudence seeking Few try to make the pronounce- ments in various other controversy to convey a legal precept.”49 or pronouncement stories absolute The sayings in both Mark 10:11-12 (cf. e.g., Matt 19:21, 9:15, and esp. and Luke 16:18 give the impression that 13:57, a particularly interesting par- allel because of its similar exception under no circumstances would divorce or clause . . . ), so one should be equally remarriage be possible. However, there wary of elevating 19:9 (or Mark are two ways to understand the form of 10:11-12) into an exceptionless abso- lute. The casuistic legal form (“who- Jesus’ divorce saying. It is either an exag- ever”) does not undermine this 15
claim; parallel “sentences of law” tion clause, which would permit divorce (e.g., Matt 5:22, 27, 39, 41) also con- tain implicit qualifiers.53 for immorality and might even encourage offended spouses to forgive and take I think a good case can be made that back unfaithful mates.57 I am convinced Jesus himself uttered the exception clause. that Jesus’ goal would parallel Yahweh’s I formerly held that the disciples’ incre- relentless pursuit of unfaithful Israel dulity (v. 10) in the face of Jesus’ saying throughout the OT and that he would try on divorce in v. 9 could only be explained to save a marriage at all costs. Thus the if Jesus had prohibited all remarriage exception clause means that Jewish mar- after divorce, even divorce for sexual riages may still be kept together even if immorality. Stein, too, admitted that divorce for porneia occurs (cf. the forgive- “Even in the Matthean account the reac- ness requirement in Matt 18:21-35 and the tion of the disciples seems best under- model of the father in Luke 15:11-32). This stood in the light of a total prohibition would have been shocking to first-century against divorce (see Matt 19:10-12). Such Jews, suggesting that Jesus’ view is more a reaction would be surprising if Jesus had strict than Shammai’s—the radical love uttered the ‘exception clause’ since this of God does unexpected things—and was essentially the position of the school adequately explains the disciples’ horri- of Shammai.”54 I think there is a third fied reaction to Jesus’ teaching in Matthew alternative. From Jewish writings outside 19:10.58 the Bible, we know that first-century pre- rabbinic marriage and divorce practice Rethinking the Meaning of influenced Jewish custom on several “Divorce” points. Not only had the discussions of The major criticism of the minority Hillel and Shammai turned the concession view that Jesus did not permit remarriage of Deut 24:1 into a right to be claimed (cf. after divorce, even divorce for sexual Matt 5:31), a veritable “husbandly privi- immorality, has always been that in the lege,”55 but first-century Judaism had dis- first-century world a legitimate divorce torted the intent of the Mosaic command included the right to remarry. C. S. Mann found in Deuteronomy 24:4. This prohi- states the point emphatically: “The notion bition of a man returning to his first wife that Jesus was allowing separation, but after she had remarried and divorced a not divorce, cannot be sustained—as second time (or her husband had died) Judaism had no such custom, he would was cast in the extreme so that a husband perforce have had to explain it.”59 I tried was prohibited from ever returning to his several times to argue that Jesus had made wife if she had sexual relations in any form it sufficiently clear that he was investing with another man. She had to be divorced apolyo (“I divorce”) with a different (cf. Joseph and Mary in Matt 1:19), even if semantic content,60 but my arguments she was an innocent victim of rape.56 If have not proved convincing. I knew the Jewish law mandated divorce for sexual syntactical argument we employed only unfaithfulness and prohibited a wife from opened the door to harmonizing Matthew ever returning to her husband after she with an absolute reading of Mark, Luke, had been unfaithful, Jesus may be coun- and Paul.61 Further, I have always taught tering both of these notions via the excep- my Greek exegesis students that when it 16
comes to validating exegetical problems, Yahweh towards Israel, whom he had grammar gets you into the ball park, and joined with himself in a covenant (berit), sometimes gets you on base, but it will is implicitly put forward as a model for never get you to home plate.62 So why did husband and wife in Malachi 2, and (3) I persist? Why did I continue to think that that kinship relationships cannot be Jesus must be using the word “divorce” undone, then marriage must be a cov- with a new sense? enant-based kinship relationship that It seemed very clear to me. Jesus lasts until death. brushes aside the Pharisees’ Deuteronomy There was only one problem. I was 24:1-based concept of “divorce” and missing two crucial details about biblical replaces it with the Genesis 2:24-based covenants and the nature of that Genesis concept that husband and wife become 2:24 “one flesh” relationship: (1) biblical “one flesh.” After quoting Genesis 2:24 in covenants can be violated and dissolved Matthew 19:5//Mark 10:7-8a, Jesus reit- and (2) the “one flesh” marital-kinship erates the significance of the two becom- union is not a literal flesh and blood rela- ing one flesh by saying, “So they are no tionship. (I have already incorporated longer two but one flesh. What God has both of these points in the top two boxes joined together let no one separate” (Matt in the chart under the majority view.) 19:6//Mark 10:8b-9). This meant that the “one flesh” concept in its OT context Rethinking the Meaning of was the basis for whatever Jesus was “One Flesh” and the Nature of saying about the permanence of marriage. Biblical Covenants Yet none of the books or articles on divorce Gordon Hugenberger’s Marriage as a and remarriage—I had collected around Covenant: Biblical Law and Ethics as Devel- 100 by then—ever nailed down this con- oped from Malachi is the most comprehen- cept.63 sive study of its title’s focus to date. He Then in the midst of doing research for also draws upon all the pertinent ancient my 1982 Th.M. thesis, I stumbled across Near Eastern and related biblical legal an obscure yet impressive doctoral disser- and narrative material touching on tation done by A. Isaksson at the Univer- betrothal, marriage, divorce, and sexual sity of Upsala, Sweden.64 This is where I offences.65 This study supplied the final learned two concepts that steered my “programming” that I needed to resolve exegesis from that point on (cf. minority the cognitive dissonance on the subject of view of Gen 2:24 in the chart above): remarriage after divorce that I have expe- “leave” and “cleave” were covenant terms rienced for the past ten years. On my and were later employed to refer to former “no remarriage” view of Jesus’ God’s covenant with Israel, and “one teaching, what proved most troubling to flesh” in Genesis 2:24 was an abbreviation me all along (though I did have an answer of Adam’s remark in Genesis 2:23. To be for it) was that Jesus would be labeling as someone’s bone and flesh was a common adultery the remarriage of someone OT expression to denote kinship and fam- whose spouse’s unrepentant sexual ily solidarity. Since (1) I assumed God’s immorality or subsequent remarriage had covenant with Israel could not be broken made the restoration of the original mar- (cf. Rom 11:28-29), (2) that the fidelity of riage impossible. This just did not sound 17
like the God “who practices steadfast love, those which exist between parents and a justice, and righteousness in the earth” child or between blood brothers (cf. Gen. (Jer 9:24). 4:9).”73 I had argued that the covenant and Hugenbeger notes from the start that consummation of marriage made two “the relationship between biblical mar- totally unrelated people as closely related riage law and covenantal concepts has as they will be to their own flesh and blood been left largely unresolved and, much of children. However, the unity between the time, virtually ignored.”66 He adds unrelated persons established by the that a study of the covenantal nature of marriage covenant is not the same as a ver- marriage could help resolve some of the tical blood relationship between a parent remaining difficulties in comprehending and a child nor the horizontal blood rela- the biblical ethics and practice of mar- tionship that exists between siblings. The riage; and one such difficulty is the Genesis 2:24 phrase, “they become one dissolubility of marriage, i.e., what flesh,” refers “to the bondedness which constitutes covenant breaking. Some say results from and is expressed by sexual that if marriage is a covenant, then it might union” and “refers to the establishment be possible to break the covenant by of a new family unit” (cf. Gen 29:14; 37:27; divorce.67 Others argue that not divorce, Lev 18:6; 2 Sam 5:1; Isa 58:7).74 but only sexual infidelity “breaks” the As already noted in our chart above, covenant. P. F. Palmer, on the other hand, “leave” and “cleave” in Genesis 2:24 are claims that covenants, unlike contracts, clearly covenant terms, as Hugenberger are inherently “inviolable” and “unbreak- also argues,75 and there are four essential able.” 68 The data in my head began to ingredients in the OT understanding of reformat when Hugenberger responded “covenant” (berit): “it is used of 1) a rela- to Palmer ’s “unbreakable” covenant tionship 2) with a non-relative 3) which notion by saying that “in terms of Hebrew involves obligations and 4) is established usage covenants may be both violated and through an oath.”76 The scholarly consen- dissolved—with both of these concepts sus is that an oath is indispensable for rati- expressed by the same underlying fying a covenant, and God is invoked in Hebrew expression which is customarily any ratifying oath to act as “the enforcer” rendered ‘broken’ in most English ver- of the covenant.77 The marriage covenant, sions…”69 I knew immediately that my as opposed to a contract, involves three no remarriage view had been placed in persons—the bride, the groom, and God. jeopardy.70 Furthermore, “covenant-ratifying oaths I learned that the primary sense of often consist of verba solemnia, that is, a “covenant” (berit) is that it is an “elected, solemn declaration of the commitment as opposed to natural, relationship of being undertaken—solemn because the obligation established under divine sanc- deity was implicitly invoked as a wit- tion.”71 Covenants were “the means the ness.”78 These oaths were not just verbal ancient world took to extend relationships (nor primarily so), but were frequently beyond the natural unity by blood,”72 and symbolic: they consisted of “oath-signs” “berit is nowhere employed of naturally (sharing in a meal, the giving of a hand, occurring relationships and the ordinary etc.).79 Adam’s verbal oath-sign is found obligations which attend them, such as in Genesis 2:23: “This is now bone of my 18
bones and flesh of my flesh” (NIV). stances, far from being inconsistent with Jesus’ thought, is in perfect har- Far from being a “jubilant welcome” mony with it.84 addressed to Eve, Adam addresses these words to God as witness, says Hugen- Though I was cognizant of Carson’s point berger: “[T]hese words appear to be a the year his commentary was released, a solemn affirmation of his marital commit- few other possibly misconstrued pieces of ment, an elliptical way of saying some- biblical data (see above) caused me to thing like, ‘I hereby invite you, God, to believe that marriage was “‘till death do hold me accountable to treat this woman us part.” What ultimately caused me to as part of my own body [cf. Eph 5:28].’”80 do an about face was a series of OT So what role, then, does sexual union passages that were lumped together over play in the formation of the marriage several pages in Hugenberger.85 covenant? Hugenberger argues “that I was struck with the gravity of the sin sexual union (copula carnalis), when of adultery in the eyes of both God and engaged in with consent (i.e., both paren- man. Hugenberger noted that “the Old tal, in the case of dependent daughters, Testament appears to presuppose a gen- and mutual), was understood as a eral moral consciousness in man, shared marriage-constituting act and, corre- even by pagans, which acknowledges spondingly, was considered a requisite adultery as a heinous wrong committed covenant-ratifying (and renewing) oath- not only against the injured husband, but sign for marriage, at least in the view of also against God” (cf. Gen 20:6, 9, 10).86 certain biblical authors.”81 “Clearly,” says God exclaimed to Abimelech, a Gentile, Hugenberger, “sexual union is the indis- that if he did not return Sarah to Abraham, pensable means for the consummation of “know that you shall surely die, you, and marriage both in the Old Testament and all who are yours” (Gen 20:7). The seri- elsewhere in the ancient Near East.”82 ousness of the sin of adultery was obvi- It should be obvious now that sexual ous to Joseph too. When Potiphar’s wife infidelity is a particularly grave violation said, “Lie with me” (Gen 39:7), Joseph of the marriage covenant, a sin against exclaimed: “How then can I do this great both the covenant partner and against wickedness and sin against God” (39:9).87 God,83 and if covenants can be violated If this is how offensive God viewed a and dissolved, this sin strikes at the mar- sexual violation of the marriage covenant, riage covenant in a unique way. As Carson then how could I continue to believe that noted years ago in his commentary on Jesus, God’s son, would not view that Matthew: same sin similarly? To conclude, the Genesis 2:24 “one . . . sexual sin has a peculiar relation to Jesus’ treatment of Genesis 1:27; flesh” relationship that results from the 2:24 (in Matt 19:4-6), because the in- covenant of marriage ratified by sexual dissolubility of marriage he defends consummation is not an indissoluble by appealing to those verses from the creation accounts is predicated union, just one that should preeminently on sexual union (“one flesh”). Sexual not be dissolved, and a sexual sin like promiscuity is therefore a de facto adultery is the preeminent violation of the exception. It may not necessitate divorce; but permission for divorce marriage covenant. When we realize that and remarriage under such circum- ancient Near Eastern and OT (Deut 24:1, 19
3; Mal 2:16) divorce law distinguished husband who learned of his wife’s affair between divorce without justification to divorce her immediately,” and if he did (“hate and divorce” in Deut 24:3; Mal 2:16) not do so, “Roman law allowed him to be and divorce with grounds (“some inde- prosecuted for the offense of lenocinium— cency” in Deut 24:1),88 it seems most prob- pimping”90 Today I think Jesus would able that the exception clause in Matthew label as unforgiving someone who points to divorce with just cause, a valid divorced their spouse for a “one night divorce that would permit remarriage,89 stand.” and Jesus limits that just cause to porneia. Though we do not have any NT ex- amples illustrating the precise way Jesus’ Pastoral Implications (or Matthew’s) and Paul’s exceptions What does all of this mean for the might be applied, at least two paradigms application of the biblical teaching on teach us to be gun shy of getting trigger- divorce and remarriage now that I have happy with them. First, though Yahweh come to believe that Paul’s (1 Cor 7:15) and had the legal right to disown his people Jesus’ (Matt 5:32; 19:9) words point to a due to their infidelity (cf. Hos 2:2a//1:9), just cause for divorce? As I mentioned he only threatened Israel with divorce. earlier, under my “no remarriage” view However, “just as the threatened covenant I felt odd about saying that Jesus would of dissolution in Hosea 1 is followed forbid remarriage to the innocent person by an unexpected promise of covenant whose spouse’s unrepentant sexual renewal in Hos 2:1-3 [ET 1:10–2:1], so also immorality or subsequent remarriage had the threatened divorce in Hos. 2:4ff. [ET made the restoration of the original mar- 2ff.] is followed by an unexpected prom- riage impossible. This has now been ise of a new marriage in Hos. 2:16ff. [ET resolved in my mind. Second, in the case 14ff.].” 91 God’s gracious covenant love of the genuine exceptions, after innocent ultimately overcomes Israel’s infidelity. parties have made all reasonable attempts Second, I agree with R. B. Hays that “the to save the marriage, neither the church Christ/church typology [cf. Eph 5:21-33] nor mission agencies should stigmatize presents an extraordinarily high standard one’s subsequent decision to remarry or for marriage; if marriage truly reflects the to remain single. Third, if we factor in our love between Christ and the church, it own contemporary cultural differences, should be characterized by infinite loyalty reflect on the accumulated canonical wit- and self-sacrificial love.”92 ness to God’s merciful dealings with his What, then, do the two exceptions in people, take seriously the call to model the the majority view have in common, and forgiveness we received from Christ at the what can we learn from them about how cross and the call to imitate our heavenly to handle divorce cases today? At this Father as his beloved children (Eph 5:1- point in my study, I would second 2), then we should know not to apply Keener’s summary of Blomberg’s insight- Jesus’ and Paul’s exceptions in exactly the ful comparison of the two. The principles same way their first-century hearers that unite both Jesus’ (or Matthew’s) and would have applied them. Their culture Paul’s exceptions are: (1) both sexual mandated divorce for sexual immorality. immorality and abandonment violate one Both Jewish and Roman law, “required a of the two fundamental components of 20
marriage (either the “leaving and the us control over the sexual area of our lives cleaving” or the “one flesh” unity); (2) and that we are not slaves to bodily pas- “Both leave one party without any other sions. Furthermore, my never-before-mar- options if attempts at reconciliation are ried single friends are quite suspicious of spurned”; and (3) “Both recognize the arguments that seek to justify remarriage extreme seriousness of divorce as a last primarily to satisfy unfulfilled sexual resort and as an admission of defeat.”93 desires. Certainly, as a lesser of two evils, Might there be additional legitimate it would be better to marry than to com- grounds for the dissolution of a mar- mit sexual immorality, but this raises other riage?94 Here one must be cautious. Some questions I cannot address here. do feel that physical abuse justifies If we have understood Paul correctly divorce, and I am sympathetic with this in 1 Corinthians 7:15, willful desertion by suggestion. 95 Even on my former “no an unbelieving spouse who subsequently remarriage” view, I taught that in a home remarries makes the restoration of that where a parent was abusing the children marriage impossible, and I would see no or a spouse was being abused, common barrier to remarriage (unless, perhaps, for ethical sense dictates that Jesus would not conscientious reasons the abandoned require the concerned parent to stay. I believer desires to remain single). But agree with Keener that both Jesus and what if the unbelieving deserter does not Paul would “would advise the one par- remarry? In time and with great assurance ent to take the children and leave, at least that the marriage cannot be restored, it temporarily.”96 However, incompatibility would seem that the Christian could and fits of anger would not fit under the remarry. Just how long one should wait banner of porneia. Also, provision for a would be determined by one’s theologi- spouse’s food, clothing, and housing, cally informed conscience and whether or affection, communication, spiritual lead- not God providentially brings along a ership, and a host of other qualities, are, Christ-centered believing partner. no doubt, important requirements in mar- One or two writers find in Paul’s riage—but failures in these matters do not counsel in 1 Corinthians 7:27-28 explicit justify divorce. I am leery, too, of appeal- permission for divorcees to remarry. I am ing to verses like 1 Corinthians 7:9 (“It is quite confident that Paul is not here mak- better to marry than to be aflame with ing a blanket statement that “remar- passion”), which Paul addresses to wid- riage—like the marriage of a virgin—has owers and widows (vv. 8-9), and then turn problems, but also that it is not sinful.”97 this into a basis for remarriage because This makes Paul explicitly approve of one’s sexual needs go unfulfilled if a remarriage after divorce without qualifi- spouse invalidly divorces them and cation. The ESV now helps clarify Paul’s chooses not to remarry. Paul is quite clear intent: “Are you bound to a wife (dedesai that believers are to remain unmarried or gynaika)? Do not seek to be free (me zetei be reconciled in this situation (1 Cor 7:10- lysin). Are you free (lelysai) from a wife? 11; cf. Matt 5:32b//Luke 16:18b). Also, the Do not seek a wife. But if you do marry, OT stories of Joseph and Potiphar’s wife you have not sinned, and if a betrothed (Genesis 39) and David and Bathsheba woman (he parthenos) marries, she has not (2 Samuel 11) imply that God has given sinned.” There is a growing consensus, 21
though not without its problems, that Paul and exegetical reasons for my shift at this is speaking to the concerns of some en- time in my life, and the reader will have gaged couples in vv. 25-38 (cf. NIV, NRSV, to decide for himself or herself whether RSV translations of vv. 36-38).98 The men or not I have made the right decision. I were asking Paul whether or not to fol- think there are some excellent arguments low through with their promise to marry to be made in favor of the minority view. (cf. deo in v. 27) in view of the ascetic teach- Yet I have found that scholars like Collins, ing they had come under in Corinth.99 Davies and Allison, Hagner, and Hays, Paul’s initial (vv. 25-28) and final (vv. 36- whose exegesis leads them to believe that 38) remarks in this section are directed Jesus categorically prohibited divorce and specifically to these couples.100 Though remarriage, eventually speak of Jesus’ Paul personally prefers the single state, he divorce sayings as an ideal that must be wants them to know—contrary to what realistically applied in this “not yet” era. the ascetics probably taught—that it is not Their suggested modern applications are sinful to go through with their plans to almost identical to what we find among marry (vv. 28, 36). Thus 1 Corinthians 7:27- proponents of the majority view. Both 28 should not be brought into discussions majority and minority views want to of the NT teaching on the ethics of remar- avoid extremes in their application of the riage after divorce. NT teaching. Minority view proponents I would like to comment on one final may unfortunately prohibit what God implication of the biblical teaching on would permit, 102 and majority view divorce and remarriage for church lead- proponents may permit what God would ers, namely pastors/elders/overseers, prohibit. The latter is the danger in a cul- deacons, and deaconesses. The most ture that emphasizes “self-actualization,” recent studies of “the husband of one personal fulfillment, and “being true to wife” requirement (1 Tim 3:2, 12; Titus 1:6) oneself” rather than being true to the argue that it is a typical ancient way of attendant commitments and obligations saying “faithful to one’s marriage.” Paul of one’s marriage covenant. Hays writes: does not prohibit from church office those who, against their own wishes, have been [T]he church must recognize and teach that marriage is grounded not abandoned or sexually betrayed, but those in feelings of love but in the practice of who are unfaithful to their marriage.101 love. Nor is the marriage bond con- Thus divorcees should not automatically tingent upon self-gratification or per- sonal fulfillment. The church has be excluded from leadership positions in swallowed a great quantity of pop the church, nor should those who have psychology that has no foundation in remarried after the very limited cases in the biblical depiction of marriage; . . . . When the marital union is rightly which the NT permits remarriage after understood as a covenant, the ques- divorce (i.e., divorce with just cause). tion of divorce assumes a very dif- ferent aspect. Those who have made promises before God should trust Conclusion God for grace sufficient to keep those It may sound odd for me to say this promises, and they should expect the community of faith to help them to now, but my switch to the majority view keep faith, by supporting them and could be wrong. Nevertheless, I have tried holding them accountable.103 to enumerate the conceptual, theological, 22
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