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Thinking Theology Aloud [Random]

Did Jesus Introduce a New Standard for Divorce?  (JDR-12)

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This post continues my series on Jesus, divorce, and remarriage (JDR), where I’m currently walking through Matthew 19. To understand my goals in this series, please see my past posts, especially the first two:

Jesus on Divorce and Remarriage: Introduction (JDR-1)

Hyper-Literalism, Could vs. Should, and a Guiding Question (JDR-2)

“Cleave” Does Not Imply an Unbreakable Bond (JDR-3)

“One Flesh” Does Not Imply an Unbreakable Bond (JDR-4)

“God Has Joined Together” Does Not Imply an Unbreakable Bond (JDR-5)

Genesis 2:24 as God’s Creation Norm for Marriage (JDR-6)

“Let Not Man Separate” Implies a Breakable Bond (JDR-7)

“Moses Allowed You to Divorce” Suggests a Breakable Bond (JDR-8)

Why Did “Hardness of Heart” Cause God to Allow Divorce? (JDR-9)

“Hardness of Heart” and Jesus’ Audience, Then and Now (JDR-10)

“From the Beginning It Was Not So”—And Never Has Been (JDR-11)

Summary of this post:  I consider the relationship between (1) God’s creation standard for marriage, (2) what the law of Moses said about divorce, and (3) Jesus’ divorce teachings. Contrary to the assumptions of the Pharisees, the giving of the law did not make God’s creation standard irrelevant. Similarly, I argue, Jesus intended to clarify rather than overturn the law of Moses. His divorce teachings are consistent with those of Malachi, an earlier Jewish prophet who likewise affirmed the law of Moses. Thus, just as the creation account offers Christians today an essential vision of God’s ideal for marriage, so the OT divorce laws can help us understand his will for responding to hard-hearted covenant breakers.

Creation and the Law: Consecutive Standards, or Concurrent?

In my last post I explained why “in the beginning it was not so” is a bad translation of Jesus’ words in Matthew 19:8, which are better translated as “from the beginning it has not been so.” I’ll pick up where we left off by once again quoting Luck’s comments on the same clause:

Jesus is not trying to distinguish between a dispensation up to Moses, followed by a hiatus, in turn terminated by Jesus’ present teaching, but rather a continuing divine attitude that runs clear from the beginning of creation up to the point of the Lord’s speech—right through the time of Moses and the exercise of the Law![1]

We can display Luck’s argument visually by contrasting several timelines.

The Pharisees based their divorce teaching entirely on the legal portions of the law of Moses. If they thought about God’s creation purpose for marriage at all, they apparently assumed it had been superseded by Moses’ allowance of divorce, as this consecutive timeline suggests:

In this conception of things, the Jews were off the hook if they failed to live up to God’s creation purpose for marriage permanence, for its relevance had ended with the giving of the law of Moses.[2]

Jesus sharply rebuked this attitude, insisting instead that God’s creation purpose remained unchanged, despite God’s allowance of divorce in the law of Moses. In Jesus’ perspective, God’s primary will and his secondary will ran concurrently, so that Jesus could still call his hearers to God’s higher standard, despite Moses’ divorce allowance:We should not, however, draw too sharp a division between creation and law. In our English translations of the OT, the word law is traditionally used to translate the Hebrew word torah (tôrâ). In Hebrew thought, however, torah is often understood more broadly and could be better translated as instruction or teaching. When Jews spoke of “the Torah” they meant everything found in the books of Moses, including not only commands but also narrative portions—including the creation account. Consider Meier’s warning:

It is unfortunate that some commentators (betraying a theological concern with Law within a particular Christian context) speak in too sweeping a fashion of… Jesus opposing creation to Law. In reality, the creation narrative of Genesis is the beginning of the whole Torah, the whole Law, of Moses.[3]

Perhaps, ironically, we are guilty of a similar interpretive stumble as the Pharisees if we imagine that creation and law should not be taken together as parallel witnesses of God’s will, a complete Torah (teaching) that includes both his original purposes and his concessions.

The Law and Jesus: Consecutive Standards, or Concurrent?

The second timeline above clarifies that God’s creation purpose was not terminated when the law of Moses was given. The timeline leaves another question unanswered, however: Did Jesus mean to revoke God’s secondary will as given in the law of Moses? Was he eliminating all allowance for divorce when he reminded people of God’s original creation design for marriage? Was Jesus saying “it’s God’s primary will or nothing” now that his kingdom was at hand?

Some Bible teachers and scholars seem to think so. Consider again, for example, these words from Coblentz:

Under the Old Covenant God permitted [divorce] in anticipation of the New Testament era in which He would require a higher standard of righteousness… Under the New Covenant, hardhearted husbands and wives can be given new hearts by the transforming power of the Spirit. Jesus the heart-changer has come, and God’s standards for marriage can be restored to His intention “from the beginning.”[4]

The evangelical commentator Hagner expressed a similar view even more forcefully:

The Mosaic legislation in Deut 24:1–4 was… not normative but only secondary and temporary, an allowance dependent on the sinfulness of the people… The new era of the present kingdom of God involves a return to the idealism of the pre-fall Genesis narrative. The call of the kingdom is a call to the ethics of the perfect will of God (cf. the Sermon on the Mount), one that makes no provision for, or concession to, the weakness of the flesh.[5]

In timeline form, this view looks like this:

According to this view, the coming of the law did not overturn God’s creation standard about divorce. The new covenant, however, did overturn what the law of Moses taught about divorce.

Moses and Elijah appeared with Jesus at his transfiguration (Matt. 17:3). Image: Transfiguration of Christ, c. 1560, a painting by Titian (Tiziano Vecellio).

Did Jesus Overturn the Law and Introduce New Divorce Teaching?

There is much that is attractive about this view, and it is at least partly right. The full NT witness makes it clear that Jesus did inaugurate a new covenant and that new covenant believers are no longer under the law of Moses in the same way that OT saints were.[6] It is also true that God’s Spirit gives believers new hearts and can empower them to honor God’s original creation design for marriage. That standard should certainly be the goal of every married Christian.

None of this, however, proves that Jesus was intentionally overturning the law of Moses when he gave his teachings on divorce. Nor does it prove that what Moses law taught about divorce no longer has any relevance for new covenant believers. The fact that the law of Moses could be given while God’s creation standard remained relevant should make us ask: Could the law of Moses remain relevant in some way while Jesus calls us back to God’s creation standard?

The answer is surely Yes, according to the literary and historical contexts of Jesus’ divorce teachings. In both Matthew 5 and Luke 16, Jesus introduced his teaching on divorce by emphasizing the abiding relevance of the law.[7] Similarly, in Jesus’ divorce debate with the Pharisees, they “tested” him using the standard of the law: “Is it lawful to divorce one’s wife…?” (Matt. 19:3). If Jesus had contradicted or overturned the law, his enemies would have pounced.[8]

But they don’t pounce, because “Jesus avoids nullifying Deuteronomy. Instead, he affirms the validity of both Genesis and Deuteronomy as (respectively) ‘creation prototype and wilderness proviso.’”[9] In answer to the Pharisees’ question, “Is it lawful?” Jesus essentially answers, “Yes—but you’re avoiding another question that’s even more important: ‘Is it consistent with God’s original and highest will?’”[10] With this answer, he avoids their trap, refusing to either approve their selfish divorces or contradict the law of Moses.

But what about the new covenant? Didn’t it overturn the law of Moses?

Given what one hears from some Bible teachers,[11] it can come as a surprise to notice that Jesus never appealed to the new covenant when teaching on divorce. He only pointed backwards to creation, never forward to the coming of the Spirit. Despite brief contextual references to the present inbreaking of the kingdom of heaven,[12] in his divorce teaching “Jesus [did] not appeal to the new eschatological situation brought about by the arrival of the kingdom of God… but rather to God’s purposes in creation.”[13]

In sum, Jesus presented his divorce teaching as a clarification of existing truth, not as something new. He seemed to think that what he was teaching about divorce was what Jewish leaders should have been teaching all along, before he ever arrived on the scene.

Jesus and Malachi: Two Jewish Prophets Address Divorce

Indeed, Malachi— the last OT prophet to teach on divorce—did just that. I would argue that Jesus said nothing in his Matthew 19 divorce teaching that was different in essence than what the prophet Malachi had already said over 400 years earlier. Put differently, everything Jesus said about divorce and remarriage in the Matthew 19 account either had already been taught by Malachi or fits perfectly with what he wrote.

Note the similarities:

  • A central concern for both Malachi and Jesus was men who practiced “aversion divorce”—divorcing wives without valid cause, often because they wanted new ones.
  • Malachi began his discourse on divorce by asking “Has not one God created us?”, presenting this as an argument against being “faithless to one another” (Mal. 2:10; cf. 2:15). Jesus similarly began with creation: “Have you not read that he who created them from the beginning made them male and female?” (Matt. 19:4; cf. 19:5, 8), using that as a basis for preserving marriages.
  • Malachi emphasized that marriage was a “covenant” (Mal. 2:14). Jesus likewise emphasized the covenantal expressions “hold fast” and “one flesh” (Matt. 19:5-6).
  • Both described aversion divorce as being an affront against God himself, who is described as the one who unites a husband and a wife (Mal. 2:14-15; Matt. 19:6).
  • Both honored wives, recognizing their dignity and legal rights more than was common in Jewish culture. For example, both warned that aversion divorce was a crime against one’s wife (Mal. 2:14; Matt. 19:9; cf. Mark 10:11, “against her”).
  • Finally, the central term in Malachi’s critique of divorce was “faithless” (or “unfaithfulness,” NIV; Mal. 2:10, 11, 14, 15, 16) which foreshadowed Jesus’ more pointed punchline that he who divorces and remarries “commits adultery” (Matt. 19:9; cf. Matt. 5:32; Mark 10:11-12; Luke 16:18).

Stuart says the following about the divorces in Malachi’s day:

Their aversion-divorce decrees were pure “unfaithfulness.” This divorce that they were practicing was just as much “unfaithfulness” as if they were committing adultery.

And did not Jesus say just this about aversion divorce? His words are entirely consistent with the view of marriage enunciated in Malachi’s third disputation: “Whoever divorces his wife, except for unchastity, and marries another commits adultery” (Matt. 19:9).[14]

Given these similarities, Carson suggests that “Jesus aligns himself with the prophet Malachi”[15] and some commentators have even suggested that Jesus, in his debate with the Pharisees, was using Malachi to interpret Deuteronomy 24.[16] Whether or not Jesus was indeed thinking of Malachi as he taught on divorce, the similarities between their prophetic warnings are evident.[17]

This raises important questions. When Malachi rebuked aversion divorce so sharply, was he overturning the divorce allowance found within the law of Moses? This hardly seems feasible, since OT prophets functioned as covenant enforcers, holding Israel accountable to keep God’s law from the heart.

What, then, about Jesus? If Malachi was not overturning Moses’ divorce allowance,[18] and if Jesus’ words “are entirely consistent with the view of marriage enunciated in” Malachi, then what basis do we have to conclude that Jesus intended to overturn Moses’ divorce allowance? Isn’t it more consistent to see him, like the latter prophets, urging Israel to keep “the weightier matters of the law: justice and mercy and faithfulness… without neglecting” the legal details they so often emphasized or abused (Matt. 23:23)?

Here’s what Malachi said about divorce (Mal. 10-16 ESV). Some parts of his message are very difficult to translate (notice all the footnotes in vv. 15-16) but the heartbeat of his message is clear and is consistent with Jesus’ later teachings.

Does the Law of Moses Speak to Christians Today?

But what about the Christian today, who is a member of Jesus’ new covenant community in a way that Jesus’ original audience of Pharisees never was? Does the law of Moses, with its divorce allowances and commands, have any relevance for us?

A good approach, it seems to me, is to acknowledge both continuity and discontinuity regarding the law of Moses for the Christian today. On the one hand, we are no longer members of the Mosaic covenant and therefore not directly under its law. On the other hand, the law of Moses still reveals eternal realities about the heart of God and about his concern for justice, mercy, and faithfulness in marriage. Just as we affirm many things the law of Moses says about sexuality in general[19] while relaxing or adapting others,[20] so the Mosaic divorce permissions and commands still have some relevance for us today.

All parts of the Torah remain “profitable” for the Christian today (2 Tim. 3:16). Just as the creation account offers an image of God’s ideal for marriage, so the OT divorce laws can help us understand his will for responding to hard-hearted covenant breakers. Hard hearts, after all, exist as much today as they did in the days of Moses and Jesus.

No, we should not use OT laws to override clear NT teachings. But neither should we assume a total break with all that the OT law teaches about divorce. Jesus didn’t—and neither, for that matter, did Paul (see Rom. 7:2).

Expressed as a timeline, the view I am proposing could look like this, with a dashed line showing a that the law of Moses still has indirect relevance for the Christian today:

Some of us aren’t as comfortable with a dashed line as with a solid line or a period. Black-and-white law can be more convenient than ambiguity. The view I’m proposing requires us to seek God’s heart and not merely his rules, important as they are.

Conclusion: Final Quotes to Ponder

I want to wrap up this long post with a couple long quotes from authors who share my reading of Matthew 19:8. First, here again is our text:

“Because of your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was not so [has not been so].”

Here is Frederick Dale Bruner’s commentary:

This text has been understood in two main ways. (1) Jesus opposes Moses, cancels Deuteronomy’s permission, and so contrasts divorce with God’s will “from the very beginning.” Deut 24 is not God’s will for Jesus at all; it is only Moses’ concession. Or (2) Jesus demotes Moses’ concession, subordinating Deuteronomy’s “Second Law” to Genesis’s “First Law.” Yet, this argument concedes, Deut 24 is God’s permitted, “second” will for some persons.

I understand the text in the second sense because Jesus does not say, antithetically, “You have heard of old, ‘Because of your hard-heartedness Moses permitted you to divorce your wives,’ but I say to you, this must no longer be the case.” Jesus does not substitute; he subordinates. He does not replace Moses’ teaching with his own but subjects Deuteronomy to Genesis. But Deuteronomy remains. Deuteronomy is the subordinated, concessioned, qualified, but still valid will of God… Matthew’s Jesus takes both laws, places them in a clear first and second place, and then seeks in every way possible to move his disciples to seek God’s first will.

…Jesus read Scripture discriminately, even hierarchically, placing some texts over others in authority. Scripture was not flat to Jesus; it had peaks and valleys, higher truth and subordinate truth…

Genesis (the “Beginning” Book) gives us God’s pristine will on marriage; Deuteronomy gives us God’s permissive will for failed marriage; Genesis is Primary Will, Deuteronomy is Secondary Will. For those to whom Jesus is Lord, these two teachings—of Genesis and of Deuteronomy—will not be seen as two equal or even close options, but as the Lord’s passionately-to-be-sought highest will and as his only finally, penitently-to-be-accepted last resort.[21]

Barbara Roberts views the Mosaic witness more holistically than Bruner, without setting creation against law code. She also adds crucial words affirming innocent spouses. Yet she agrees with Bruner’s main point—and mine—that Jesus did not replace Moses’ teaching with his own:

It is not the case that Jesus simply abrogated the Mosaic divorce law and instituted a new, more stringent divorce rule for kingdom living. The Mosaic Law had always set forth the divine intention that marriage was a lifelong committed relationship. It had sought to protect a vulnerable, innocent spouse from a callous or unfaithful spouse, and had allowed the use of disciplinary divorce. It had sought to deter people from treacherous, cavalier and impulsive divorce and remarriage.

Jesus did not change any of this; he simply called for a full and proper adherence to God’s standards for marriage. He condemned the legalistic approaches of his own day, which had legitimized treacherous divorce. And he declared that treacherous divorce with ensuing marriage is equivalent to adultery and a breach of the seventh commandment. If this appeared to be changing the standard, it was only because the Jews had so poorly adhered to the standard.[22]

I realize some readers will remain unconvinced. For some, anything short of an absolute enforcement of God’s creation standard against divorce feels like an unjustifiable compromise, unsuited to the new covenant and the kingdom of God. For such readers, I’ll share one more quote. It is pregnant. I invite you to ponder this:

It is true that from the beginning men did not divorce their wives… We may note in passing that, from the beginning, neither was there a separation from bed and board.[23]

If you made it this far, thanks much for reading! Up next is Matthew 19:9, which is Jesus’ climatic statement on divorce in this whole account. I have lots of thoughts I hope to share on this verse but don’t have any blog posts drafted yet, so you may have to wait a couple months for my next post. Meanwhile, feel free to share your thoughts in the comments below. Thanks again!

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[1] William F. Luck, Divorce and Re-Marriage: Recovering the Biblical View, 2nd ed. (Richardson, TX: Biblical Studies Press, 2008), 157-58. Available online: https://bible.org/series/divorce-and-re-marriage-recovering-biblical-view.

[2] Kauffman’s use of the phrase “in the beginning” suggests a similar interpretation: “Moses permitted man to give a writing of divorcement, but it was not so in the beginning, neither is it under the Gospel.” Daniel Kauffman, Bible Doctrine, (Scottsdale, PA: Mennonite Publishing House, 1914), 452. Available online: https://books.google.com/books/about/Bible_Doctrine.html?id=NmkCQ0br9OUC

[3] John P. Meier, A Marginal Jew: Rethinking the Historical Jesus, Vol. IV, Law and Love (New Haven, CT: Yale University Press, 2009), 177, n. 143.

[4] John Coblentz, What the Bible Says About Marriage, Divorce, and Remarriage (Harrisonburg, VA: Christian Light Publications, 1992), 21-23. I want to also take this opportunity to underscore that, having met John Coblentz personally and heard him speak, I deeply respect him.

[5] Donald A. Hagner, Matthew 14–28, Word Biblical Commentary, Vol. 33B (Dallas, TX: Word Books, 1995), 548–549. Blomberg expressed a similar view: “Jesus does not challenge their logic, only the permanence of the Mosaic law. God’s provisions for divorce were temporary, based on the calloused rebellion of fallen humanity against God. He did not originally create people to divorce each other, and he therefore does not intend for those whom he re-creates—the community of Jesus’ followers—to practice divorce. As in the Sermon on the Mount, Jesus proclaims a higher standard of righteousness for his followers than the law of Moses. This distinction suggests that we must be more lenient with non-Christians who divorce but also that we may not include ‘hard-heartedness’ as a legitimate excuse for Christians divorcing.” Craig L. Blomberg, Matthew, New American Commentary (Nashville, TN: B&H Publishing, 1992), 291.

[6] See Rom. 10:4; Gal. 3:17-26; Eph. 2:15; Col. 2:16-17; Heb. 7:12; etc.

[7] See Matt. 5:17-20 and Luke 16:16-17. The latter passage presents two balancing realities. On the one hand, “the Law and the Prophets” are either superseded or fulfilled by “the good news of the kingdom of God.” On the other hand, “it is easier for heaven and earth to pass away than for one dot of the Law to become void,” and one way to understand the sequence of Luke’s account is that Jesus presented his teaching on divorce as evidence of the latter reality—as an example of a teaching of the Law that the Pharisees were failing to observe, a teaching that remained relevant with the coming of the kingdom.

[8] See Matt. 12:2, 10; 22:17; cf. Acts 6:11,13; 21:28; 25:8.

[9] Jeannine K. Brown and Kyle Roberts, Matthew, Two Horizons New Testament Commentary (Grand Rapids, MI: Eerdmans, 2018), 259, quoting F. Scott Spencer, “Scripture, Hermeneutics, and Matthew’s Jesus,” Interpretation: A Journal of Bible and Theology, Vol. 64, No. 4 (2010), 377.

[10] I am disagreeing here with Kuruvilla’s commentary on Mark’s account: “Jesus is questioned about whether or not divorce is lawful at all… In response, Jesus sends his examiners back to Genesis to first understand the nature of marriage. To address divorce, Jesus appeals to the one-flesh union as the basis of comprehending marriage. On this basis, He declares that man should not separate what God has joined together. The answer to the Pharisees’ question about divorce being lawful is evidently ‘no.’ The reader is urged to carefully re-examine the above passage [Mk. 10:2-12] to fully appreciate this point: Jesus was undercutting the Mosaic law’s tolerance of divorce. What the Mosaic law merely restricted, Jesus now forbids.” Finny Kuruvilla, “Until Death Do Us Part: Is Remarriage Biblically Sanctioned After Divorce?” (essay), (Anchor Cross Publishing, July 13, 2014), 6, https://static1.squarespace.com/static/570e3c2f8259b563851efcf8/t/5911288c4402435d4e08c196/1494296716383/essay_remarriage.pdf

[11] See Coblentz and Hagner above. See also Daniel Kauffman’s reference to divorce not being permitted “under the Gospel” in a quote in my last post. Edwards’s suggestion is also questionable: “Mark 10:1-12 is a blueprint for an entirely new norm of marriage.” James R. Edwards, The Gospel According to Mark (Grand Rapids, MI: Eerdmans, 2002), 305.

[12] Mentioned in Matthew’s account (Matt. 19:12) but not by Mark. In both the Sermon on the Mount and near Luke’s record of Jesus’ divorce teaching, though the kingdom of heaven/God is mentioned, Jesus underscores the enduring relevance of the law as a moral standard (cf. Matt. 5:17-20; Lk. 16:16-17).

[13] Robert H. Stein, Mark, Baker Exegetical Commentary on the New Testament (Grand Rapids, MI: Eerdmans, 2008), 456.

[14] Douglas Stuart, “Malachi,” The Minor Prophets: An Exegetical and Expository Commentary, Vol. 3, ed. Thomas Edward McComiskey (Grand Rapids, MI: Baker Books, 1998), 1338. Stuart later says the following about Malachi’s divorce teaching: “Because of its reinforcement in the teaching of Christ, it cannot be dismissed as no longer binding on New Covenant believers” (1344).

[15] “Jesus aligns himself with the prophet Malachi who quotes Yahweh as saying, ‘I hate divorce’ (2:16), and also refers to creation (2:14–15)” (Carson, D. A.. Matthew (The Expositor’s Bible Commentary) . Zondervan. Kindle Edition.).

[16] “[Malachi] 2.10-16… begins with a reference to God’s creation of humanity (v. 10: ‘Did not one God create us?’) and continues a few verses later with an apparent allusion to Gen. 2.24: ‘Did he not make one?’… It has therefore been argued that the rejection of divorce is based upon a reading of the creation story… This sets Malachi’s criticism of divorce squarely beside the same two verses quoted in the gospels… In view of this, we find attractive Sigal’s suggestion… that ‘Jesus exegetes Deut. 24.1 in the light of Malakhi.’” See W. D. Davies and Dale C. Allison, Jr., A Critical and Exegetical Commentary on the Gospel According to Matthew, Vol. III (London: T&T Clark, 2004), 12. The quote from Sigal can be found in Phillip Sigal, The Halakhah of Jesus of Nazareth According to the Gospel of Matthew, Studies in Biblical Literature, No. 18 (Atlanta, GA: Society of Biblical Literature, 2007 [orig. pub. 1986]), 116: “Jesus stands with Malachi and in line with Malachi’s admonition to ‘remember the Torah of Moses.’ Jesus exegetes Deut. 24:1 in the light of Malachi… Jesus is not thereby annulling Deut. 24:1. He is only exegeting it.”

[17] There are differences, too, though arguably not contradictory ones: Malachi warns against marrying pagan wives, a problem Jesus never mentions. And, unlike Malachi, Jesus mentions “divorce certificates” (alluding to Deut. 24:1).

[18] Stuart (“Malachi,” 1343) says, “Moses and Malachi come at the issue of divorce from different angles. Moses allows it under certain conditions. Malachi condemns it except under certain conditions. But inasmuch as those conditions appear to be identical, employing even the same essential vocabulary in definition of the actions involved, their respective doctrines are compatible.”

[19] For example, adultery, incest, and rape are still wrong.

[20] For example, the death penalty is no longer prescribed for adultery, sex during menstruation is reduced to a question of personal dignity, and polygamy is discouraged.

[21] Frederick Dale Bruner, Mathew: A Commentary; Volume 2: The Churchbook: Matthew 13-28 , rev. and exp. ed. (Grand Rapids, MI: Eerdmans, 2004), 260-61. Davies and Allison, quoting Cranfield, present a view which is virtually identical to Bruner’s. See W. D. Davies and Dale C. Allison, Jr., A Critical and Exegetical Commentary on the Gospel according to Saint Matthew, Vol. III (London: T&T Clark, 1997), 14. Google preview: https://www.google.com/books/edition/Matthew/ZXIV2WOTVvMC?hl=en&gbpv=1&bsq=%22from%20the%20beginning%22

[22] Barbara Roberts, Not Under Bondage: Biblical Divorce for Abuse, Adultery and Desertion (Ballarat, Victoria, Australia: Maschil Press, 2008), 88.

[23] Guy Duty, Divorce and Remarriage: A Christian View (Minneapolis, MN: Bethany House Publishers, 1983), 68-69. Unfortunately, Duty reads “from the beginning” as if it meant “in the beginning.” Yet, his point remains valid: Separation from bed and board (“moving out” without divorcing) is no more a part of God’s original design or perfect will than divorce is. Yet, who among us would argue it should never be done? Therefore, merely noting that something was not part of God’s original design does not prove it is always wrong. We do not live in Eden, and requiring others to live as if they do can cause great harm. It is clear Jesus was urging us to follow the creation ideal and rebuking those who are to blame for breaking it. This does not mean, however, that he was ruling out making accommodations for situations where others have already broken that creation ideal.

Thinking Theology Aloud [Random]

“Moses Allowed You to Divorce” Suggests a Breakable Bond (JDR-8)

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This post continues my series on Jesus, divorce, and remarriage, where I’m examining Jesus’ words beginning with this question: Did Jesus believe that marriage is indissoluble? Here are my posts so far:

Jesus on Divorce and Remarriage: Introduction (JDR-1)

Hyper-Literalism, Could vs. Should, and a Guiding Question (JDR-2)

“Cleave” Does Not Imply an Unbreakable Bond (JDR-3)

“One Flesh” Does Not Imply an Unbreakable Bond (JDR-4)

“God Has Joined Together” Does Not Imply an Unbreakable Bond (JDR-5)

Genesis 2:24 as God’s Creation Norm for Marriage (JDR-6)

“Let Not Man Separate” Implies a Breakable Bond (JDR-7)

Summary of this post: I ask whether Jesus’ statement that “Moses allowed” divorce provides any clues about whether marriage is indissoluble. After showing that Jesus was not pitting Moses against God, I survey what God’s law said about divorce. Some laws narrowly commanded divorce; others narrowly forbade it. Multiple laws assumed divorce and that divorce dissolves a marriage. The famous Deuteronomy 24 passage prohibited a man from remarrying his former wife who had meanwhile been married to another. This passage is joined by others that likewise grouped divorce and death as equally and truly ending marriage. 

Introduction: Was Marriage Indissoluble Under the Law of Moses?

Jesus wrapped up his summary of God’s creation design for marriage in Matthew 19:3-6 with a strong command: “What therefore God has joined together, let not man separate.”

The Pharisees were not satisfied with this response. They countered with a question, alluding again to Deuteronomy 24:1: “Why then did Moses command one to give a certificate of divorce and to send her away?” (Matt. 19:7). Doesn’t this mention of a “certificate of divorce” imply that it is “lawful” (Matt. 19:3) to divorce a wife?

Jesus’ rebuttal focused again on God’s creation design for marriage: “Because of your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was not so” (Matt. 19:8). In other words, yes, it may have been “lawful” under the law of Moses to divorce, but that same law, in its record of the creation, shows that divorce was not part of God’s original and unchanging design. In short, the should of marriage permanence remains clear, despite the certificates of divorce allowed under Moses.[1]

But does Moses’ allowance of divorce indicate anything about whether a marriage could be dissolved by anything other than death? Do the practices of divorce and remarriage under the law of Moses suggest that divorce was always only a legal fiction? Or do they suggest that marriages really could be dissolved, despite God’s creation intent?

As I address these questions in this post, I will focus on the first main clause in Jesus’ sentence: “Moses allowed you to divorce your wives.” From the perspective of what was uppermost in Jesus’ mind, the other two clauses are even more important (“Because of your hardness of heart… but from the beginning it was not so”). I plan to address those clauses directly in a future post or two. First, however, I want to consider what we can learn from Jesus’ acknowledgement that Moses allowed divorce.

So, what does the law of Moses say about divorce? And do its laws about divorce give any indication as to whether marriage is indissoluble or not? Let’s survey some of the most important evidence for clues.

Moses Breaking the Tablets of the Law, a 1659 oil-on-canvas painting of the prophet Moses by the Dutch artist Rembrandt.

The Law of Moses: Two Possible Misunderstandings

Two likely  misunderstandings must be cleared up right away. First, Jesus is not pitting Moses against God. Jesus is not saying “God forbade divorce but Moses dishonored God by allowing it anyway.” Jesus is never recorded as speaking negatively of Moses.[2] He believed the law of Moses came from God himself; in fact, in this very conversation with the Pharisees Jesus has already attributed an editorial comment from Moses (“Therefore, what God has joined…”) to God (“he who created them”).[3]

The suggestion that Jesus’ words “Moses allowed” are describing “a merely human deviation from the divine purpose” is “a very modern inference,” as commentator R. T. France noted. Rather, “the laws given by Moses were understood to be the laws of God; ‘Moses’ means the Pentateuch, the God-given body of law which is Israel’s highest authority.”[4] Thus, whatever commands we find in Moses’ law must be seen as coming from God himself.

Second, we should note that the law cited by the Pharisees, which is found in Deuteronomy 24:1-4, is really a law about remarriage, not divorce. This law is essentially a long “if” followed by a short “then” command. A summary version could read, “If a man divorces his wife, she remarries, and her second marriage comes to an end, then the man may not take her back as his wife again.”[5] Thus, Dean Taylor rightly wrote of this passage, “Moses did not institute divorce, he merely regulated against a type of remarriage.”[6] That said, it remains true, as Jesus acknowledged, that this law of Moses did “allow” divorce.

Laws Requiring Divorce

What is less well known is that in some cases the law of Moses actually required divorce. For example, in Exodus 21:11 a master-husband was instructed to give his Hebrew slave-wife her food, clothing, and marital rights, without diminishing them if he took another woman. If he withheld these rights, the law commanded that “she shall go out for nothing” (Ex. 21:11; cf. Ex. 21:26). Similarly, Deuteronomy 21:14 commanded that if a man “no longer delight in” his wife whom he had taken as a captive in war, he must “let her go where she wants” without selling her or treating her as a slave.

Both these passages contain linguistic links to the famous divorce and remarriage passage in Deuteronomy 24:1-4, links suggesting that these passages are talking about full divorce, complete with the right to remarry.[7] They also appear to be talking about real marriage, despite the wife being originally secured by either slavery (temporary indentured servitude of a fellow Hebrew) or captivity (of a foreign enemy). If either of these seems least likely to qualify as real marriage, it would be the captive wife. Yet the Deuteronomy passage says explicitly, “you may… be her husband, and she shall be your wife” (Deut. 21:13). Further, that passage occurs right before a paragraph that demands that unloved “wives” be given equal rights as loved ones, a command that parallels the one in Exodus 21:11.

If a wife taken as a slave or captive had a right to secure a divorce if her husband would not provide for or “delight in” her, then surely a wife gained by more normal means had equal rights or better. Thus, Jews in Jesus’ day applied this passage to all marriages. They “recognized that the obligations of Exodus 21:10-11 could form the basis of a claim for divorce,” and “rabbinic literature preserves detailed discussions concerning the exact limits for gaining a divorce on the grounds” in that passage.[8]

It is worth noting that some of the authors who have been influential for conservative Anabaptists on the topic of divorce (Coblentz, Webb, Wenham, etc.) do not even mention Exodus 21:11 or Deuteronomy 21:14.[9] Several make statements that are clearly false in light of these passages. For example, Cornes wrote the following in his summary of the OT law:

Any individual law which specifically legislates about divorce only limits its availability. The law must therefore be seen as restraining divorce rather than enabling it.[10]

Wenham and Heth likewise exclaimed, “There is, in fact, no legislation respecting grounds for divorce in Old Testament law!”[11]

Kuruvilla, drawing on Cornes, made a similar claim, even extending it to include the entire OT:

Throughout the Old Testament, there is no “enabling legislation” for divorce. Instead, Old Testament laws merely restrict a practice that was already ongoing… Nowhere in the Old Testament are any statements given that “enable” divorce or remarriage.[12]

Contrary to these claims, Exodus and Deuteronomy both clearly command that if a husband refused to care for his (slave or captive) wife, he must grant her the freedom of a divorce. Would God, through Moses, have commanded that wives of abusive husbands be freed to remarry if he thought that their first marriages remained undissolved?

A Jewish wedding. Image used with permission from Good News Productions International and College Press Publishing. Downloaded from FreeBibleImages.org.

Laws Prohibiting Divorce

Other laws provided for women by protecting them from wrongful divorce. For example, what if a husband took a wife, decided he didn’t like her after having sex with her for the first time, and then tried to get rid of her by falsely accussing her of not being a virgin? Such a man was to be whipped and fined, and “he may not divorce her all his days.” He had to provide for her for life, without exception, for he had “brought a bad name upon a virgin of Israel” and put her in danger of wrongful capital punishment (Deut. 22:19). Similarly, the rule for a man who raped an unbetrothed virgin was that he had to marry her and “may not divorce her all his days” (Deut. 22:29).[13]

As far as I can discover, author Rubel Shelly is right in saying that these are “the only two specific situations named in which a man could not divorce his wife” under the law of Moses.[14] And presumably, if a wife in these two situations was later uncared for, she could go to court to sue for either provision or her own right of divorce under the precedent of Exodus 21:11 or Deuteronomy 21:14.

How widely was divorce practiced in OT Israel? Given the pattern of Israel’s other sins, Instone-Brewer is probably right in saying “we must assume that divorce was as prevalent in Israel then as in other ancient Near Eastern societies.”[15] What is clear is that divorce was widely “allowed” under the law of Moses and sometimes even commanded. Was God allowing something that was a legal fiction, or was he allowing (and sometimes commanding) something that was real, even though it fell short of his original design for marriage?

A Law Prohibiting Remarriage

Deuteronomy 24:1-4 supports this picture of easily-available divorce. I’ve already summarized the basic point of the passage, and I’ll reinforce that summary now by emphasizing that the Jews in Jesus’ day entirely missed the point of the passage when they mined it in search of valid grounds for divorce. The passage does not provide grounds for divorce but restrictions against a certain kind of remarriage.

Let me quote the passage in full and then we’ll look for clues about marriage permanence.

When a man takes a wife and marries her, if then 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 of his house, and she departs out of his house, 2 and if she goes and becomes another man’s wife, 3 and the latter man hates 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 man dies, who took her to be his wife, 4 then her former husband, who sent her away, may not take her again to be his wife, after she has been defiled, for that is an abomination before the Lord. And you shall not bring sin upon the land that the Lord your God is giving you for an inheritance. (Deut. 24:1-4)

Some things about this passage remain highly debated among commentators. What is “some indecency”? How, exactly, was the wife “defiled”? Why was it wrong for her former husband to take her again as his wife after she had been defiled? What relevance, if any, does this remarriage prohibition have for us today?

I won’t try to answer those questions now. I will point instead to some clear facts that may be clues about whether marriage is indissoluble. In this passage:

    • A woman who is remarried is called “another man’s wife”—that is, she is now the “wife” of “another man” besides her former husband (v. 2).
    • Her prior husband is called her “former husband” (v. 4), indicating he is no longer her husband.
    • A certificate of divorce is expected for ending a second marriage just as surely as a first marriage, suggesting the second marriage was considered just as real as the first (v. 3).
    • Divorce and death are presented in parallel as equally ending a marriage (v. 3).
    • A woman’s former husband (including her first one) has less right (none!) to claim her as wife than any other man does (v. 4); there is no assumption a first husband has special rights based on a persisting marital union.

Let me get technical for one paragraph. It is worth noting that the Hebrew word (ri’šôn) translated “former” in the phrase “former husband” does not always mean “first” (e.g., Num. 21:26; Ps. 79:8; Is. 42:9). Thus, this law restricts a second husband from remarrying a former wife after she has married a third as surely as it restricts a first husband from remarrying. Therefore, it is not right to say that a first husband is singled out by this law even negatively, by receiving a special prohibition not given to subsequent husbands. (The CSB, NET, NIV, NLT, and multiple other translations are misleading in this regard; KJV, NKJV, NASB, ESV, and others more cautiously read “former.”)

In short, while it is not clear whether the divorces in this passage were legitimate, everything about the passage suggests that divorce was seen as truly ending a marriage—just as truly as by death. Further, remarriage was seen as “putting a seal” on divorce, making any former marriage permanently dissolved.

The persistent widow, from Jesus’ parable (Luke 18:1-8). Used with permission from FreeBibleImages.org.

Laws Grouping the Divorced and the Widowed

Tellingly, several other passages in the law of Moses group divorce and death in a similar way. For example, both widowhood and divorce gave a priest’s daughter equal right to return to her father’s house and eat his priestly food, which she was forbidden to eat while she was married to a layman (Lev. 22:12-13). Similarly, if a married woman made a vow, her husband had a right to make her vow void when he first heard of it. But this law came with an exception: “Any vow of a widow or of a divorced woman, anything by which she has bound herself, shall stand against her” (Num. 30:9). As far as both these laws were concerned, a divorcing husband and a dead husband had equal authority over their former wives—none.

The marriage restrictions for a high priest also group divorce and widowhood together:

A widow, or a divorced woman, or a woman who has been defiled, or a prostitute, these he shall not marry. But he shall take as his wife a virgin of his own people (Lev. 21:14).

The restriction against marrying a widow was a matter of ritualistic cleanliness, not a timeless moral requirement (1 Cor. 7:39).[16] It functioned like other restrictions in this passage, such as the one forbidding the high priest from making himself unclean by caring for the dead bodies of close relatives (Lev. 21:11). Similarly, the NT strongly implies that there is nothing immoral about marrying someone who was formerly sexually immoral (“a woman who has been defiled, or a prostitute”) but who is now “sanctified” (1 Cor. 6:9-11).

Given this context, it appears that the law against priests marrying divorced women (cf. Lev. 21:7) was also a ritualistic restriction, not a moral one. Commentator Wenham suggests this restriction was designed to protect a priest’s reputation and also to ensure his wife’s children were really his own, thus protecting the priestly line.[17]

In fact, divorced and widowed persons were so tightly grouped in Jewish thought that the Hebrew and Greek words translated widow in the Bible were sometimes used to refer to a divorced woman.[18] This broader conception of widowhood in the Hebrew language is found in 2 Samuel 20:3. After David returned to Jerusalem following his defeat of Absalom, he took his ten concubines whom Absalom had defiled and “put them in custody… but did not have relations with them. So they were locked up until the day of their death, living as widows” (NASB).

Similarly, the Greek-speaking Jewish philosopher Philo—during whose lifetime Jesus lived and died—counted a divorced woman as having been widowed in his interpretation of Deuteronomy 24:1-4:

If a woman after parting from her husband for any cause whatever marries another and then again becomes a widow [χηρεύσῃ], whether this second husband is alive or dead, she must not return to her first husband.[19]

Philo’s interpretation affirms our observation that divorced and widowed women were treated very similarly under the law of Moses, both classed as being unmarried.

Conclusion: Marriage Was Dissoluble Under the Law of Moses

As far as I know, these are all the passages in the law of Moses that deal explicitly with human divorce.[20] None of these passages give any indication that divorce did not truly end a marriage. Taken together, they strongly indicate that divorce was seen as fully dissolving a marriage. There is no indication that a man who divorced his wife had any special right to take her back again, and he was expressly forbidden from doing so if she had meanwhile been married to someone else.

Yes, every mention of divorce in the law of Moses is in tension with God’s creation design recorded in the first book of Moses. If every Israelite had lived up to God’s design, no marriage would ever have ended in divorce.

However, it is also true that if every human had lived up to God’s design, no marriages would have been dissolved by death, either. (This includes marriages ended by death as punishment for adultery, a topic I hope to address later.[21]) Tragically, both death and divorce are part of human experience post-Eden, and both are pictured in the law of Moses—God’s law—as truly ending marriage.

Was this picture merely an illusory concession to human practices? What did Jesus mean when he said these divorce allowances were given because of “hardness of heart”? And what about his statement that “from the beginning it was not so”? I plan to turn to these questions in my next posts.

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[1] It is a sobering truth that merely living up to a law granted as a concession to human weakness does not ensure one is truly pleasing God.

[2] Even though some of Jesus’ teachings hinted that the law of Moses would come to an end (Matt. 11:13; Mark 7:19; Luke 16:16), he urged people to obey even the details of the law (Matt. 23:23; Luke 11:42) and warned they would be judged by Moses (John 5:45-46; cf. Luke 16:29-31). In the Gospel of Luke, Jesus’ teaching about divorce comes immediately after his statement that “it is easier for heaven and earth to pass away than for one dot of the Law to become void” (Luke 16:17).

[3] See Matt. 19:4; cf. Matt. 15:3-6.

[4] R. T. France, The Gospel of Matthew, New International Commentary on the NT (Grand Rapids, MI: Eerdmans, 2007), 719.

[5] The KJV, unfortunately, obscures the flow of thought, but the NKJV, ESV, and most other modern translations make the if-then structure of Moses’ command clear. The moral logic and current relevance of Moses’ prohibition of a husband remarrying his former wife, however, remain highly debated. Since Jesus didn’t address these questions, I won’t address them in this post, either.

[6] Dean Taylor, “One Flesh, One Covenant,” Pt. 2 of “Marriage, Divorce, and Remarriage,” The Heartbeat of The Remnant, July/August/September 2007, Ephrata Ministries, p. 5. Available online, accessed 7/14/2022, http://www.ephrataministries.org/pdf/2007-07-one-flesh.pdf.

[7] The Hebrew word translated “let her go” in Deuteronomy 21:14 (šālaḥ) appears again in Deuteronomy 24:1, which describes a husband who divorces his wife and “sends her” out of his house. Likewise, the word translated “shall go out” in Exodus 21:11 (yāṣā’) appears in Deuteronomy 24:1 (24:2 in some translations) in the phrase “she departs out of his house.” This woman then “goes and becomes another man’s wife” (Deut. 24:2). This shared language implies that in all three passages the woman who is sent away is free to remarry, even though two of the passages never explicitly say so.

[8] David Instone-Brewer, Divorce and Remarriage in the Bible: The Social and Literary Context (Grand Rapids, MI: Eerdmans, 2002), 102.

[9] Authors who discussed divorce in the OT without mentioning either Exodus 21:11 or Deuteronomy 21:14 include John Coblentz (What the Bible Says about Marriage, Divorce, and Remarriage), Finny Kuruvilla (“Until Death Do Us Part”), J. Carl Laney (The Divorce Myth), Joseph A. Webb (Till Death Do Us Part?), Gordon J. Wenham and William E. Heth (Jesus and Divorce) and G. J. Wenham (Jesus, Divorce, and Remarriage: In Their Historical Setting). Andrew Cornes (Divorce and Remarriage: Biblical Principle and Pastoral Practice) discussed only the Deuteronomy passage (p. 137-38). Despite acknowledging it discusses divorce, he surprisingly asserted that it actually discourages divorce. The authors of Divorce and Remarriage: A Permanence View (Wingerd, Elliff, Chrisman, and Burchett) addressed both texts in an appendix (pp. 143-46), but only to explain why they “did not consider” them “relevant to our discussion.” I do not find their reasons compelling.

[10] Andrew Cornes, Divorce and Remarriage: Biblical Principle and Pastoral Practice (Fearn, Scotland: Christian Focus Publications, 2002), 176-77.

[11] William E. Heth and Gordan J. Wenham, Jesus and Divorce, updated ed. (Carlisle, England: Paternoster Press, 2002), 107.

[12] Finny Kuruvilla, “Until Death Do Us Part: Is Remarriage Biblically Sanctioned After Divorce?” (essay), (Anchor Cross Publishing, July 13, 2014), 4-5, https://static1.squarespace.com/static/570e3c2f8259b563851efcf8/t/5911288c4402435d4e08c196/1494296716383/essay_remarriage.pdf. The most obvious passage contradicting Kuruvilla’s broader claim is Ezra 10, where Israel divorced their foreign wives in an act of repentance. Nothing in the passage suggests that these marriages were not real, despite being contrary to God’s law. Nor is there any indication that any subsequent marriages would be legal fictions permitted by God even though the first marriages were not truly dissolved. Rather, the passage is best understood as a case where two shoulds conflicted with each other—the should of marital permanence and the should of marrying only within Israel. Both of these could be broken, and in this case Nehemiah ruled that the latter should took precedent over the former. In the language of the passage, to have “broken faith” with God by marrying foreign women was worse than to subsequently break faith with these women by divorcing them, for the latter was required as part of renewing Israel’s “covenant with… God” (Ezra 10:2-3, 10-11).

[13] Her father, however, had legal right to refuse to give his daughter to him in marriage (Ex. 22:17).

[14] Rubel Shelly, Divorce and Remarriage: A Redemptive Theology (Abilene, TX: Leafwood Publishers, 2007), 50.

[15] David Instone-Brewer, Divorce and Remarriage in the Bible: The Social and Literary Context (Grand Rapids, MI: Eerdmans, 2002), 23.

[16] This conclusion is reinforced by how Ezekiel repeats these commands in his vision of a renewed priesthood: “They shall not marry a widow or a divorced woman, but only virgins of the offspring of the house of Israel, or a widow who is the widow of a priest” (Ez. 44:22). The final “loophole” in this verse shows that it was not intrinsically wrong for a priest to marry a widow.

[17] Gordan J. Wenham, The Book of Leviticus, New International Commentary on the OT (Grand Rapids, MI: Eerdmans, 1979), 291-92.

[18] The Lexham Bible Dictionary provides this definition for both the Hebrew word (אַלְמָנָה, almanah) and the Greek word (χήρα, chēra): “A woman whose husband has died, or who has been parted in some way from her husband” (M. J. Morris, “Widow,” in The Lexham Bible Dictionary, [Bellingham, WA: Lexham Press, 2016].

[19] Philo, On the Special Laws, III.30, from Philo, Vol. VII, Loeb Classical Library, trans. F. H. Colson, (Cambridge, MA: Harvard University Press, 1998), p. 493. Emphasis added. https://archive.org/details/PhiloSupplement01Genesis/Philo%2007%20Decalogue%2C%20Special%20Laws%20I-III/page/n509/mode/2up.

[20] Other passages in the law of Moses contain information about marriage that have indirect significance to the question of marriage permanence (such as texts implying the legality of polygamy). There are also narrative portions of the books of Moses that are relevant. These include not only Genesis 1 and 2 and other passages reinforcing marriage faithfulness, but also stories such as the account where God encouraged Abraham to heed Sarah’s desire and “cast out” Hagar (Gen. 21:8-14), his slave whom he had taken “as a wife” (Gen. 16:3). Finally, God predicts his own divorce of Israel (“I will forsake them”), for he knows they will “whore after… foreign gods… and break my covenant that I have made with them” (Deut. 31:16-18).

[21] If the passages I have discussed in this post are overwhelmingly focused on protecting wives, the Mosaic laws about adultery focus on protecting husbands from unfaithful wives. If it was evident a wife had committed adultery, both she and her adulterous partner were to be put to death (Lev. 20:10; Deut. 22:22).