114 Divorce and Remarriage (Sean Finnegan)

Divorce is a painful and complicated subject to talk about in America today where about half of all marriages end in divorce. Our laws have changed to accept “no-fault” divorce and many of us are unaware of what the bible teaches on this critical subject. To figure out the biblical perspective on divorce and remarriage, we will consider three scriptures from the Old Testament (Mal 2.13-16; Deut 22.13-21; 24.1-4) and three from the New (Mat 5.31-32; 19.3-12; 1 Cor 7.10-40). We’ll give particular focus to the reasons that allow for divorce both in Deuteronomy as well as how Jesus interpreted it when he was asked about it.

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To figure out the biblical perspective on divorce and remarriage, we will consider three Scriptures from the Old Testament (Mal 2:13-16; Deut 22:13-21; 24:1-4) and three from the New Testament (Mat 5:31-32; 19:3-12; 1 Cor 7:10-40).  Although other verses touch on this subject, the constraints of time limit what we can consider here.  Other texts include: Lev 21:7, 14; 22:13; Num 30:9; Is 50:1; Jer 3:8; Hos 2:2; Mat 1:19; Mark 10:2-12; Luke 16:18.

Malachi 2:13-16 13   In antiquity, divorced women had limited options.  A man could get rid of “the wife of his youth” and upgrade to a younger wife.  God takes a strong stand on this.  He will not accept the offerings of a man who has done this.  He hates divorce.[1]

Deuteronomy 22:13-21   This law protects the virtuous woman from getting divorced.  If her husband falsely accuses her of pre-marital sex, he will get whipped, fined, and barred from divorcing her henceforth.  If she’s guilty, she’ll suffer capital punishment, a harsh ruling by our standards.  Even so, this shows how seriously they treated pre-marital sex and virginity.

Deuteronomy 24:1-4   Providing a divorced woman with a certificate of divorce (today called “a get”) was a huge step forward for women.  It meant she was legally free and could remarry.  This law specifically prohibited remarrying a woman who had an intervening marriage with someone else, but our interest is more on the reason for the initial divorce.

The Hebrew word in question is עֶרְוַת (ervat), the word for “nakedness.”[2]

Translation ervat davar ESV/NASB some indecency JPS (1988) something obnoxious KJV some uncleanness NET something offensive NRSV something objectionable

The rabbis argued over what ervat precisely meant.  From the Babylonian Talmud, we gather three perspectives: Hillel, Shammai, and Akiva.  Hillel (110 – 10 BC) died before Jesus was born, Shammai (50 BC – AD 30) overlapped with Jesus, and Akiva (AD 50 – 132) was born a generation after Jesus.  Here are their positions on divorce:

Tractate Gittin 90a Mishnah.  The house of Shammai says: a man should not divorce his wife unless he has found her guilty of some unseemly conduct, as it says, because he has found some unseemly thing in her.  The house Hillel, however, says [that he may divorce her] even if she has merely spoiled his food, since it says, because he hath found some unseemly thing in her.  Rabbi Akiva says, [he may divorce her] even if he finds another woman more beautiful than she is, as it says, it comes to pass, if she find no favor in his eyes.

Shammai some unseemly conduct Hillel spoiled his food Akiva finds another more attractive

How did Jesus compare to these other rabbis from this period?

Matthew 5:31-32 31 “It was also said, ‘Whoever divorces his wife, let him give her a certificate of divorce.’  32 But I say to you that everyone who divorces his wife, except on the ground of sexual immorality, makes her commit adultery, and whoever marries a divorced woman commits