DIVORCE Part 2
There is but one passage in all the Old Testament which requires us to qualify anything we have said in the earlier paragraphs, only one which taught that a man might divorce his wife for something less than adultery—namely Deuteronomy 24:1-4; and to it we now turn. "If a man marries a woman who becomes displeasing to him because he finds some uncleanness in her, and he writes her a certificate of divorce, gives it to her and sends her from his house, and if after she leaves his house she becomes the wife of another man, and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies, then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. That would be detestable in the eyes of the LORD. Do not bring sin upon the land the LORD your God is giving you as an inheritance."
In pondering the contents of those verses, it should be obvious to all impartial minds, that they must be interpreted in strict harmony with the Analogy of Faith—that we undoubtedly err if our understanding of them clashes with other passages in the Pentateuch. That single—but necessary, consideration at once obliges us to regard the words, "some uncleanness in her" as something other than moral uncleanness. "Obliges us," we say, for the Mosaic Law had passed sentence of death upon both the adulterer and the adulteress (Lev 20:10; Deu 22:22; John 8:4-5). Nor could it refer to a serious suspicion of unfaithfulness to the marriage bed, for that would require that the husband should make trial of his wife according to the statute of Numbers 5:12-31, which was expressly given to meet the case of "jealousy" or suspicion. Nor does it seem at all likely that this "uncleanness" was merely of a ceremonial nature, for it was liable to persist so that her second husband "hated" her.
Thus, by a process of elimination, it would appear that the allusion was unto some physical defect or disease which caused her to "find no favor" in her husband's eyes. Furthermore, if we are to be preserved from drawing wrong inferences from Deuteronomy 24:1-4, we must cast upon it the light supplied by our Lord in Matthew 19. There we read that the Pharisees came to Him, "tempting him" by asking the question, "Is it lawful for a man to put away his wife for every cause?" (Matthew 19:3). Their design was to discredit Christ in the eyes of a section of the Jewish nation, for there were two conflicting "schools" of teaching among them on the subject, and His enemies imagined that by His answer, they would force Him to antagonize one of these camps: the one holding that nothing but marital infidelity constituted a legitimate ground for divorce; the other affirming that the husband has the right, according to his own pleasure or caprice—to put away his wife for the most trivial offence.
In His reply, Christ took His interrogators back to the original institution of marriage by God in Eden, and added, "What therefore God has joined together, let not man put asunder" (Matthew 19:6); that is, no human authority has any right to change or tamper with a divine ordinance. They replied unto him, "Why then, did Moses then command to give a writing of divorcement, and to put her away?" To which our Lord replied, "Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning" (Matthew 19:7-8).
Observe, first, that the Pharisees erred in styling Deuteronomy 24:1 a "command"—for it was no part of the Moral Law—but instead pertained to the judicial instructions for Israel's magistrates. So far from God ordering the Hebrews to put away their wives for something less than adultery, He merely "allowed" them to do so; it was a concession made only under special circumstances. What those "circumstances" were, our Lord broadly hints at in His "because of the hardness of your hearts." It was a providential permission, allowing the magistrate to authorize the putting away of wives in order to spare them from brutal treatment, and perhaps murder, at the hands of their callous husbands. Thus, Deuteronomy 24:1 enunciated no general rule for all times and every occasion, much less did it supply warrant for husbands to put away their wives "for every cause."
It is to be duly noted that in such a case where a Jewish husband "found some uncleanness" in his wife, he was not permitted, in a fit of temper, to act hurriedly and immediately turn her out of the home—but must wait while a legal document (which would require a minimum of two witnesses) was drawn up for "a bill of divorcement." In permitting this arrangement, God did not "wink at" or connive at a husband's harshness—but mercifully arranged that the wife should be "divorced" rather than be slain because he wished to be free of her.
God's attitude unto the matter is plainly revealed in Malachi 2:16, where He emphatically declares, "For the Lord, the God of Israel, says that he hates putting away." That same verse ("for one covers violence with his garment…therefore take heed to your spirit [passions], that you deal not treacherously") also supplies confirmation of what we have said above, and explains what Christ had in mind when He attributed the arrangement of Deuteronomy 24:1 unto Israel's "hardness of [their] hearts"—namely, the husband's brutality.
Return now to Matthew 19:3-9. In this fundamental passage, we find that our Lord:
First, affirmed the inviolability of covenant (Matthew 19:4-6).
Second, that He showed Deuteronomy 24:1-4 was not an actual "command," as the Pharisees supposed (Matthew 19:7)—but only a merciful concession to meet a particular case, an "allowance" (Matthew 19:8).
Third, He revealed why that special permission had been given, namely, "because of the hardness of…hearts" of certain Jewish husbands (Matthew 19:8). It was to prevent cruelty and bloodshed. That was also clearly imported by the fact that no such license was accorded the wife, for she being "the weaker vessel" (1 Peter 3:7), the life of her husband (speaking generally) would not be endangered by a wife who despised him.
Fourth, from His emphatic words, "Whoever shall put away his wife, except it be for fornication [adultery], and shall marry another, commits adultery" (Matthew 19:9), Christ taught that Deuteronomy 24:1-4 is forever set aside, that no man may now put away his wife merely because "she find no favor in his eyes."
Here—then, is the answer to our first question: a higher and holier standard prevails under Christianity than was tolerated under Judaism. In view of which the disciples said unto Christ, "If the case of the man be so with his wife [that he cannot divorce her for "incompatibility of temperament," or anything else, short of adultery], it is not good to marry" (Matthew 19:10), that is, it is better to remain single. To which our Lord answered, "Not everyone can accept this word, but only those to whom it has been given" (Matthew 19:11), that is those upon whom God bestows the gift of celibacy.
The single state is the ideal one for a Christian (1 Corinthians 7:7, 32-34), though in most cases it is fraught with great moral danger, and therefore "it is better to marry—than to burn" (1 Corinthians 7:9) with consuming lust. Moreover, "marriage is honorable in all" (Hebrews 13:4), being a divine institution. It is a gracious provision of the Creator's for the avoidance of fornication (1 Corinthians 7:2) and for the lawful producing of children (Romans 7:4). It is our studied opinion that in view of "the present distress" (1 Corinthians 7:26), it is the part of wisdom and mercy for married couples to conduct themselves as per 1 Corinthians 7:29, for the time may be near when they shall again say, "Blessed are the barren" (Luke 23:29).
"But I say unto you, That whoever shall put away his wife, except for the cause of fornication [adultery], causes her to commit adultery: and whoever shall marry her who is divorced, commits adultery" (Matthew 5:32). Here we have the divinely authoritative and unambiguous answer to our second question. In the Scriptural meaning of the words, "to put away" one's wife is to legally divorce her, the two expressions being used interchangeably in this very verse. But to put away one's wife is expressly forbidden by the divine Law—marriage being for life. One exception, and one only to the general rule, is authorized by Christ, as is plain from His "except for [only] the cause of fornication"; for since that sin is itself the breaking of the marriage contract, it constitutes a valid ground for divorce.
In modern terminology, "fornication" is a sin committed by an unmarried person ("adultery" only by one joined in wedlock); but in Scripture, "fornication" is sometimes used as a generic term for any moral uncleanness. In Ezekiel 16:29-32, the Lord charges His "Wife" with both crimes; and in Revelation 2:20, 22, it is clear that "fornication" and "adultery" are used interchangeably.
It is to be duly noted that in Matthew 19:9, our Lord repeated what He had laid down so specifically in Matthew 5:32, "Whoever shall put away his wife, except it be for fornication, and shall marry another, commits adultery: and whoever marries her which is put away—does commit adultery"! Those words are too plain to be misunderstood: nothing but death orunchastity severs the marriage bond! The courts of men may pretend to legalize other grounds for divorce—but they cannot sanctify them, or take away the brand of infamy which the Son of God has placed upon the one who marries another who has not a Scripturally warranted divorce.
Something infinitely superior to human legislation must govern and regulate those who fear the Lord. The Word of God, and not our feelings, is to be our sole Rule and Guide in this matter, as in everything else pertaining to our conduct. Neither separation by mutual consent nor desertion dissolves the marriage tie between husband and wife. One thing alone, short of death, does or can do that: namely, proven adultery, and not merely suspected.
Anyone who declares that because a wife has been abandoned by her husband, that she has a legal ground to sue for a divorce, is guilty of the heinous sin of adding to the Word of God, and constitutes himself a liar. Any man who lives with a woman previously married to another and whose husband is not dead, or who has not obtained a legal divorce because adultery was committed—is himself guilty of adultery in the sight of God. Consequently, it follows of necessity that any preacher who recognizes and countenances any pretended or unscriptural divorce—is guilty of contravening the Law of Christ.
In his earlier days, this writer was put to the test. One evening, a young man, accompanied by a girl, called at the house where we lodged and asked us to marry them. Seeing a marriage license in his hand, we foolishly assumed that all was in order, and went and called two people to witness the ceremony. But before beginning it, we asked to examine the "certificate," and then discovered the man was divorced, and merely on the ground of "incompatibility of temperament." The situation was an embarrassing one—but we told the couple they were not eligible for marriage, and would be sinning before God if they lived together; and we refused to "marry" them!
One of the main proofs that the "Apocrypha" is not inspired of God, is its teaching on this subject, for so far from agreeing with Holy Writ, it embodies the loose ethics of the carnal mind. Among the vaporizings of the son of Sirach concerning married women is the following: "If she is not as you desire—have her cut off from your flesh" (Ecclesiasticus 25:26), that is, if she displeases you in any respect—you are free to put her away. But what better might be looked for when that same book avers, "Almsgiving will make atonement for sins" (Ecclesiasticus 3:20)? Nor need we be surprised that such a system as Romanism, which exalts "human tradition" to the same level of authority as the Word of God (and follows the former—when the latter clashes with them!), allows divorce for other causes than the one specified by Christ—even authorizing them for religious reasons.
But to the Law and the Testimony: "For the woman who has an husband is bound by the law to her husband—so long as he lives" (Romans 7:2), even though he mistreats her, refuses to provide for her, or completely deserts her. It is to be greatly regretted that not a few good men, leaders among the Lord's people, have taught otherwise; yet highly as we may esteem them, they are not to be regarded as "rabbis" or "fathers." We are under divine bonds to "prove all things," to weigh every utterance of the most eminent of God's servants, in the balances of the Sanctuary, and to hold fast only "that which is good" (1 Thessalonians 5:21).
Many have concluded that another cause, in addition to adultery, is sufficient to procure the dissolution of the marital tie—namely, the willful desertion of one of the parties. Cruel and ungodly as is such a course, and most pitiable the woman's case when left in ignorance for years whether her husband and protector is still alive—yet the marriage is not annulled thereby. As J.C. Philpot (1802-1869) pertinently asked, "How long must that absence or desertion be to have this effect? Shall it be a week's, a month's, or a year's absence, that shall do it? And if those terms be too short, where are we to put the limit? If one year's desertion cannot break the marriage tie, can it be broken by ten or twenty years' absence?.... The number of years that he has deserted her, her ignorance where he is, the belief she entertains that he is dead, her desolate condition, her poverty and necessity, her unprotected condition—all these pitiable circumstances do not, cannot, alter the Law of God. He is her husband—and she is his wife until death or divorce dissolves the tie. And though this may occasion individual hardship—yet what a general benefit to married women accrues from it! If desertion could dissolve marriage, thousands of unprincipled husbands would avail themselves of it, and no wife could be sure, as now, that she should continue such until her own or her husband's decease!" (The Gospel Standard, 1853).
The very evil which the editor of that magazine pointed out, now prevails widely in our midst. But our appeal must be to a higher authority, to the divine. The Lord Jesus took no notice of desertion as a just cause when speaking on divorce, nor did any of His apostles refer to it as a valid ground. That must be for us, the Final Court of Appeal, and nothing must be allowed to counter its decision.
But some have supposed that 1 Corinthians 7:15 authorizes a divorce for something short of adultery. It ought to be sufficient to point out that such a supposition is utterly untenable, for the Scriptures do not contradict themselves. It is an exceedingly grave matter to say that the apostle taught something quite different from his Master. But he did not. It is hisinterpreters who failed to understand the scope and meaning of 1 Corinthians 7:10-17, and have read into the apostle's language what is not there, yes, have made him to contradict himself, for he could not intend by verse 15 ("But if the unbelieving one departs", that is, deserts the Christian partner, "let him depart. A brother or a sister is not under bondage in such cases") that the believer is then free to sue out a divorce, and upon obtaining it, marry again; and then expressly affirm, "The wife is bound by the law as long as her husband lives; but if her husband is dead, she is at liberty to be married to whom she will; only in the Lord" (1 Corinthians 7:39)!
A careful and critical examination of the apostle's drift in that passage seems to be called for. From the opening words of 1 Corinthians 7, "Now concerning the things whereof you wrote unto me"—it is evident that not a little in this epistle was written in answer to various questions which had exercised the Corinthian saints during the apostle's absence, concerning which they asked his elucidation, and which he here resolved for them. Though Paul does not quote their particular inquiriesin so many words, yet the topics he took up in this epistle indicate the nature of those matters whereon they had sought his counsel, namely, those problems that were raised by their conversion from heathenism to Christianity.
Confining ourselves now to the seventh chapter, it is clear that the Lord's people at Corinth had desired light from the apostle on three points:
First, should young Christians marry?
Second, what was the duty of a Christian whose husband or wife remained an idolater?
Third, what was the duty of a Christian slave?
The first question is dealt with in verses 1-9, and resumed in verses 25-40; the second, in verses 10-17; the third, in verses 18-24, which is outside the range of our present subject.
We should not be in the least surprised at the Corinthians seeking help on such matters, for be it remembered that scarcely anything more of the New Testament than the first three Gospels had then been written. Let the reader try and imagine himself to be a young Christian in the Corinthian church—with none of the Epistles to hand! During the brief stay of Paul in your city, you had been converted under his preaching, separated from the world, and given as your blessed hope, the coming of Christ to receive His people to Himself. Your whole outlook upon life had been radically changed. But the apostle had left for labors in other parts. You begin to wonder how the great blessings and privileges of which you have recently been made the recipient, are to affect and regulate the details of your daily conduct. Such questions as these now deeply exercise you:
Would my falling in love with a woman and marrying her cast a serious reflection upon my love for Christ?
Does devotion to Him require me to remain in the single state, so that He may completely fill my heart?
If you, my reader, had no written guidance from God thereon, and had been left to yourself—would you have decided rightly or wrongly upon the point?
Continuing the same flight of imagination, suppose a rather different case in Corinth. God has recently brought you out of darkness into His marvelous light—but so far from being a single person, you are already married—and united to an idolater! Will not the question now be seriously raised in your heart, What is my duty? Can it be pleasing and honoring to Christ—that I should continue to co-habit with one who despises and rejects Him? I have sought to present the Gospel to her (or him)—but instead of duly weighing the claims of the Lord Jesus, she ridicules and opposes me, and persists in attending the idol's temple! True, I still love her dearly—yet in view of the Savior's words ("If any man comes to me, and hates not his father, and mother, and wife, and children, and brethren, and sisters, yes, and his own life also—he cannot be my disciple", Luke 14:26), must I not separate from her?
Had you been left to your own understanding, yes, had you followed your "spiritual instincts," would you not have determined wrongly? How thankful we should be for the completed Word of God in our hands, by which we are "thoroughly furnished unto all good works" (2 Timothy 3:17) and not left in uncertainty of the divine will upon such important matters as these!
Not only had it been "natural" for those young Gentile converts to conclude that it was their duty to separate from their heathen partners, not only would their "spiritual inclinations" prompt them thereto—but if they had conferred with the Hebrew Christians in their assembly, they had assuredly counseled them to do so—for they would at once have appealed unto Ezra 10:3, where those Jews who, during the captivity, had married in Babylon were required to "put away all their wives," and their children also. Even though they wavered on the ground that Judaism was obsolete, and consulted the Gospels to see if Christ had uttered any definite word on the subject, they would discover He had said nothing about mixed marriages wherein believers and unbelievers were unequally yoked together. Thus, in their perplexity, they sought help from the apostle. In view of Ezra 10:3, there was a real need for him to authoritatively resolve the matter once for all, so that others (such as the newly converted in India or China) might know whether God required them to leave their unconverted partners in marriage, or whether He allowed them to continue living with the same.