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The
Exception
Clause
Marriage,
Divorce, and Remarriage
(Part 3)
by
Dean Taylor
|
Denomination
or Religion |
% who have
been divorced |
Non-denominational
Baptists
“ Born Again”
Mainline Protestants
Mormons
Catholics
Lutherans
Atheists and Agnostics |
34%
29%
27%
25%
24%
21%
21%
21% |
When we step back and look
at the practice of divorce and remarriage in the Church
today, it is hard to imagine that Jesus ever
gave any prohibition against divorce and remarriage at all.
Recent studies have indicated that the divorce rate among
people who call themselves “born again” fares
even worse than non-Christians, coming in at 27%. Catholics
and atheists
tie for the lowest divorce rate, averaging around 21% .
A Quick Review
As was discussed in Part 1, Jesus’ prohibition against
divorce and remarriage stemmed not so much from a new teaching
about divorce, but rather from reinstating God’s original
heart on marriage from the beginning. The basics of Jesus’ teaching
on marriage can be summed up in His words, “Wherefore
they are no more twain, but one flesh” (Matt. 19:6).
When challenged by the Pharisees about when
divorce might be permissible, Jesus attempted to change their
entire way of
thinking by informing them that, contrary
to their understanding, a married couple no longer remained as two individuals
that even could be split up—“they are no more twain, but one flesh.” The
fundamental nature of this teaching is essentially that marriage, by definition,
is actually a miracle from God, whereby two people are made into one indissoluble
union.
In Part 2 we examined Jesus’ teachings on divorce, both with and without
remarriage. We discussed that Jesus gave His teaching about divorce and remarriage
from the standpoint of what constituted “adultery” in the eyes
of God. Summarizing these teachings with their respective scriptures, Jesus
taught:
- Divorcing a wife
and marrying another is adultery (Mark 19:11).
- Marrying someone who
has been divorced is adultery (Luke 16:18).
- Divorcing a spouse
for any reason except for fornication is to be guilty
of causing your spouse to commit adultery (Matt 5:32, 19:9).
Questions
Some questions that naturally come up when discussing Jesus’ challenging
teaching on adultery in the light of divorce are questions
such as:
Why would I be held guilty of the sin of adultery if I have
lawfully divorced my spouse and married someone else?
Why would I be committing adultery if I have never been married
before but I marry a person who has been divorced from someone
else who is still living?
Why is remarriage looked at so negatively in the New Testament
scriptures?
The answer to all of these questions, simply put, is that
Jesus taught that the marriage bond was indissoluble, outside
of the death of a spouse. Therefore, any other union is considered
adultery. No matter what we may do—be it to legally divorce,
separate, or just plain don’t get along, nothing can
separate the marriage union except death. As the Apostle Paul
succinctly put it, “The wife is bound by the law as long
as her husband liveth; but if her husband be dead, she is at
liberty to be married to whom she will; only in the Lord” (1
Cor. 7:39).
Simple Words
The words of the Gospel concerning marriage and divorce are
often seen today as culturally insensitive, irrelevant, or
confusing. However, they are nonetheless conspicuously plain.
The Gospel of Mark recorded, in very plain words, the teaching
of Jesus concerning divorce followed by a subsequent remarriage
as:
“…Whosoever shall put away his wife, and marry
another, committeth adultery against her. And if a woman shall
put away her husband, and be married to another, she committeth
adultery” (Mark 10: 10-12).
The Gospel of Luke also puts the teaching of Jesus in clear,
simple words:
“Whosoever putteth away his wife, and marrieth another,
committeth adultery: and whosoever marrieth her that is put
away [divorced] from her husband committeth adultery” (Luke
16:17-18).
I would certainly agree that these scriptures are indeed
out of fashion. However, they cannot be negated simply because
they do not suit the cultural trend. Jesus taught that the
marriage bond was permanent and because of that, remarriage
is adultery. So why all the confusion today about divorce and
remarriage?
When Did The Confusion Start?
The Gospel of Matthew contains a phrase that has opportunistically
become more and more prominent throughout the passing centuries.
The modern theologians refer to this phrase simply as “the
exception clause.” It is this phrase that will be the
focus of this article. During the Reformation, the Catholic
theologian Erasmus, subsequently followed by Martin Luther
and John Calvin, taught that Jesus’ strong prohibition
against remarriage had one exception, and that was adultery.
They claimed that Jesus allowed for remarriage when the reason for the divorce was adultery. This view, however helpful it
may have seemed at the time, rendered the essence of Jesus’ “one
flesh” teaching on marriage as conditional. Furthermore,
it caused considerable difficulties in harmonizing the other
Gospel accounts with the epistles of Paul.
What started out as a small “exception” or “loop-hole” in
Jesus’ strong prohibition against divorce and remarriage, grew exponentially
into the crisis situation we now face in the Church today. When it was first
introduced during the time of the Reformation, the “exception” was
considered valid only in the case of adultery. Later however, the “exception” expanded
to include desertion, abuse, excommunication, and eventually verbal insults
and incompatibility. Finally, the wholesale acceptance of “no-fault divorce” and “new-beginning
remarriages” and all manner of special considerations has done well to
bring about the complete dissolution of the very nature of what God intended
marriage to be in the first place.
The Exception Clause
Matthew records Jesus’ words spoken during the Sermon
on the Mount as,
“It hath been
said, Whosoever shall put away his wife, let him give
her a writing of divorcement: But I say unto you,
That whosoever shall put away his wife, saving
for the cause of fornication, causeth her to commit
adultery: and whosoever shall marry her that is divorced
committeth adultery” (Matt.
5:31-32).
Similarly, in the Matthew 19 passage, Jesus repeated the Sermon
on the Mount teaching to the Pharisees saying,
“And I say unto
you, Whosoever shall put away his wife, except it be for fornication, and
shall marry another, committeth adultery: and whoso
marrieth her which is put away [divorced]
doth commit adultery” (Matt 19:9).
The two phrases “saving for the cause of fornication” and, “except
it be for fornication” are the scriptural texts from
which the “exception clause” has derived.
Divorce Without Remarriage:
A Closer Look
The primary mistake by some of these reformers, as well as
by modern theologians, is that of sandwiching together the
ethics of divorce with those of remarriage. When looked at
apart from this unwarranted grouping, the challenging teachings
of Jesus, as well as the firm teachings of Paul, harmonize
beautifully.
The Matthew 5 Exception:
The Sermon On The Mount
In the Sermon on the Mount, Jesus was teaching through
the Old Testament laws, and expanding them beyond mere outward
obedience. For example, before the discussion on adultery,
Jesus was teaching from the 6th Commandment, “Thou Shall
Not Kill.” In this teaching He expanded the sin of “murder” to
include hating a brother, or even calling someone hateful names.
Next, when addressing the 7th Commandment against adultery,
Jesus added looking lustfully at a woman as “adultery,” and
gave a few extreme examples, like plucking out your eye, to
highlight the importance of dealing with this lust. Finally,
in Matthew 5:32, Jesus added both divorce and also the act
of remarriage to His list of those who would be considered
guilty of the sin of adultery.
What is most significant about Matthew 5:32
to this current study, is that Jesus held the man guilty
of adultery simply
for divorcing his wife, even without
remarriage. Jesus said that the man who divorces his wife actually shares
in the guilt of the woman’s remarriage by causing his wife’s future
adultery! Let’s read the passage again: “whosoever shall put away
his wife, saving for the cause of fornication, causeth her to commit adultery” (Matt
5:32).
In reference to the guilt of causing his wife’s adultery by sending her
away, Jesus gave only one exception: “saving for the cause of fornication.” Why
did Jesus grant this exception? It is very clear; the man was obviously not
going to be held guilty of causing his wife to become an adulterer, if she
was an adulterer already.
Please take special note of this fact—because that is all the exception
clause is saying. The only “exception” that was given here in Matt.
5:32 is from the guilt of causing a woman to commit adultery. It says absolutely
nothing about an exception for remarriage. As Bible commentators Dale Allison
and W. D. Davies state, “the question of freedom after lawful divorce
is just not addressed, and we cannot wring from the text what it will not give” (International
Critical Commentary, Edinburgh: T&T Clark).
So again, what exactly is the “exception”? Jesus said the man is
allowed this one reason to separate from his wife—sexual immorality.
Remarriage is still not granted here—it is not even hinted at. Trying
to make this “exception” in Matthew 5:32 apply to remarriage would
be stretching this text to say something that it simply does not say. Jesus
allows for separation, but not remarriage. This is the same teaching echoed
by the Apostle Paul to the Corinthians, “And unto the married I command,
yet not I, but the Lord, Let not the wife depart from her husband: But and
if she depart, let her remain unmarried or be reconciled to her husband: and
let not the husband put away his wife” (1 Cor. 7:10-11). [Note: There
will be more on Paul’s writings in the next issue.]
Marrying A Divorcee
Concluding His loving instruction that marriage was permanent
and that remarriage was always wrong, Jesus ended His entire
teaching concerning those who will be held guilty of the sin
of adultery by saying, “and whosoever shall marry her
that is divorced committeth adultery.” This phrase stands,
like all the other Gospel accounts, as a blanket prohibition
against marrying a divorced person. Why? Again, even though
a physical separation has occurred, the marriage bond remains
intact. A very insightful Biblical example of this understanding
that is worth mentioning is when Matthew and Mark refer to
Herodias as “Philip’s wife,” even after she
had divorced Philip and was married to Herod Antipas (Matt
14:3, Mark 6:17).
Simple? It was for 1500 years; but unfortunately
today, numerous teachers and centuries of inherited precedents
have confused
this simple teaching significantly.
Even the NIV Bible has tried to “help” the situation by adding
its own interpretative corrections. In Matthew 5:32b, the NIV reads, “and
anyone who marries the divorced woman commits adultery.” But as Cornes
points out, “There is nothing whatsoever in the Greek to make this connection.
The Greek simply says, ‘And whoever marries a divorced woman commits
adultery’” (Divorce and Remarriage, pg. 206). This statement, like
all the other statements of Jesus on remarriage, simply says that to marry
a person who has been married before is to be guilty of the sin of adultery.
Jewish Betrothal
Some conservative theologians who agree that remarriage
is wrong, preserve the harmony of the Gospel accounts by
drawing
attention to the word “fornication,” used both
in Matthew 5 and 19. (The NIV uses the words “marital
unfaithfulness.”) Those supporting this “betrothal
view” legitimately bring out that the word rendered here
as “fornication” [porneia] could possibly indicate
a word of lesser offense than the word “adultery” [moichao].
Because of this differentiation in the Greek, they deduce that
the word “fornication,” as it is used in Matthew
5 and 19, must be something other than infidelity during a
regular, lawful marriage. They suggest that this different
use of the word “fornication” is given as a reference
to pre-marital infidelity during a Jewish betrothal period.
The advocates of the “betrothal view” point to the example of the
courtship between Joseph and Mary (Matthew 1:18-25). They say that in the Jewish
custom, the couple was considered “man and wife,” even though they
have not yet come to live together. In this Jewish custom, if physical immorality
was to occur during this time period, the man could divorce his “wife” and
marry another, based on the fact that they were not actually married yet. With
this in mind, it is said that the “exception clause” was given
to allow for remarriage only if the “fornication” occurred during
this betrothal period. Furthermore, they would say that the Matthew account
was the only one mentioning this exception, simply because his Gospel was the
only one written originally to a primarily Jewish audience.
Although this view nicely harmonizes the Gospel
accounts, I personally find it difficult to accept for the
following reasons. First of all, to restrict
the use of the imprecise word porneia to such an exacting definition as “betrothal
period fornication,” when it is so commonly used in other places representing
all kinds of sexual sins, from prostitution to incest, is questionable. Secondly,
as a pastor, I find it difficult to counsel and make decisions on such important
and potentially life changing issues, based upon a purported Jewish custom
that cannot be explicitly stated or emphatically quoted from the Bible. Ancient
Jewish records of manners and customs are impressive, but even the oldest documents
are still literally hundreds of years separated from the time of Jesus.
And finally, and most importantly, I find
the use of the “betrothal view” unnecessary.
When divorce and remarriage is examined in light of the clear passages of the
Gospels, as well as the writings of the early Church, the prohibition against
remarriage does not hang on the exact syntax of the word fornication (porneia).
The word is still important of course. However, the need to overly scrutinize
every nuance of the word “fornication” becomes superfluous. Nevertheless,
I say this carefully, not wanting to dismiss the “betrothal view” altogether.
The Matthew 19 Account
In Matthew 19 the language is more ambiguous than in Matthew
5, but the meaning is still the same:
“And I say unto you, Whosoever shall
put away his wife, [divorce] except it be for
fornication,
and shall marry
another,
committeth adultery: and whoso marrieth her which is put
away [divorced] doth commit adultery.”
The difficulty with this passage is that the placement
of the “exception clause” in the original Greek
allows it to be read in two different ways. You can read
it as the
early Church read it, and that is to harmonize it with the
Matthew 5:32 account as an exception to the guilt of adultery
for divorcing an adulterous wife. With this view, the scripture
reads just like Matthew 5, including its blanket prohibition
against remarriage.
On the other hand, the construction of the Greek will permit
that it can be read, as the modern theologians have read
it since Erasmus, as an exception
to both the sin of divorce and the right of remarriage. Advocates of this
view, like J. Murray, admit that the passage can be read in more than one
way. Surprisingly,
even Murray, who sides with the modern view, acknowledges that the early
Christian view “does in itself make good sense and would solve a great many difficulties
in …the accounts given in the three Synoptic Gospels” (ibid. 219).
How does one decide which view they like best; or more importantly,
how does one discern which is right? Which method of interpretation should
be used
to arrive at our conclusion? Should we consider the surrounding context
and similar
passages? Should we research the original Greek? Should a historical witness
ever bear any weight of consideration? Perhaps we would do well to consider
all three.
A Look At The Context
The fundamental principle of scriptural interpretation is
that scripture is the best interpreter of scripture. Ambiguous
passages ought to be compared with clear passages that speak
on the same subject. When applying this approach, we would
take into consideration the emphatic prohibition against remarriage
found in Mark 19:11, Luke 16:17-18, Romans 7:1-3, and 1 Cor.
7: 10-11, 39. In this case, it would be illogical not to lean
the interpretation toward the early Christian view.
Also, considering the immediate context, the response of
the Apostles following this scripture in the next verse is revealing.
Their response was one of shock
and amazement. They cried, “If the case of the man be so with his wife,
it is not good to marry.” Surprisingly, instead of consoling the Apostles
by reminding them of any “exceptions” which would allow them to
remarry, Jesus went on into a discussion telling them that at times men will
be called on to become eunuchs for the Kingdom of Heaven! (Matthew 19:10-12)
Examining The Greek
Jacques Dupont, speaking on a Greek exegesis of Matthew 19:9
states:
There is only one
way of understanding the syntax of 19:9: it is a double
conditional clause in which an elliptical phrase
is placed immediately after the first condition, ‘to
put away’. The elliptical phrase, ‘except for immorality’,
does not contain a verb, and one must be supplied from the
context. The only verb that has been stated for the reader
to understand is the one immediately preceding the “exception
clause”—‘put away’—the verb Matthew’s
readers just passed over. Matthew 19:9 would then be read: “if
a man puts away his wife, if it is not for immorality that
he puts her away, and marries another, he commits adultery” (Mariage’ et
divorce, 102-3).
Dupont says that the “exception clause” is grammatically
connected to the phrase before it and simply acts as a parenthetical
clarification to the original question asked by the Pharisees: ‘is
it lawful for a man to divorce his wife for any cause at all?’ Therefore,
just like in Matthew 5:32 the exception is from the guilt of
divorcing a woman who is already an adulterer. Summing up the
Greek approach and surrounding context, Heth and Wenham in
their book “Jesus and Divorce” conclude:
When Matthew 19:9
is analyzed into its constituent parts, the ambiguity
disappears and it makes a fitting punch line
to the dispute with the Pharisees. They asked: ‘is it
lawful for a man to divorce his wife for any cause at all?’ Jesus
replies: ‘it is always wrong to divorce what God has
joined together: what is more, divorce, except for unchastity,
is adulterous; and remarriage after divorce is always so’.
Naturally the disciples object: ‘if the relationship
of a man with his wife is like this, it is better not to marry.’ Unabashed,
Jesus replies in a vein reminiscent of His remarks about cutting
off hand or eye to avoid committing adultery (5:29-30) ‘You
are able to live up to this teaching, for there are some who
are even able to become eunuchs for the kingdom of heaven.’ (pg
71-72)
Historical Consideration
Drawing from a historical interpretation, the early Church
would have unanimously understood the exception to be dealing
only with divorce—not remarriage. There was no significant
change to this view for the first 1,500 years of the Church!
(Note: In a future issue, a historical look at divorce and
remarriage will be examined in greater detail.)
An Example
When considered outside of such a hot topic as divorce and
remarriage, it is much easier to follow the mode of speech
used by Jesus in Matthew 19:9. Consider for a moment a limited
analogy, taking the 6th Commandment dealing with anger and
murder in Matt 5:22, in place of the controversial 7th Commandment,
dealing with adultery and divorce found in Matt 5:32. The following
scripture quotes will be an inference to the corresponding
verses dealing with divorce and remarriage.
- Anyone who is angry
with his brother, unless it is for a just cause, has
committed a sin (Matthew 5:32a).
- Anyone who is angry
with his brother and kills him, has committed a sin (Mark
10:11-12; Luke 16:18a).
- Anyone who has killed
his brother after being angry with him, has committed
a sin (Matt 5:32b 19:9b and Luke 16:18b).
- Anyone who is angry
with his brother, unless it is for a just cause, and
kills him, has committed a sin (Matthew19:9).
In the last example, I do not believe anyone would find
it difficult to make the “exception clause” apply
to the first part of the phrase and not the second. Likewise,
in conclusion, I sustain that in the time of Christ and the
Apostles, continuing on into the early Church, the “exception
clause” of Matthew 5 and 19 would have applied just as
naturally to separation and not to remarriage as it would for
us today in the analogy above.
Summary
In this issue we reviewed the teaching of Jesus about the
essence of marriage, noting that Jesus taught that marriage
was an indissoluble union.
Next we reviewed Jesus’ teaching on adultery, noting that Jesus added
remarriage to His list of what He considered adultery. On this point we also
saw that even divorce, itself, without remarriage would make a person guilty
of their spouses’ adultery—unless, of course, their spouse was
already an adulterer.
Finally,
we looked at the “exception clause” found in Matthew 5
and 19, and suggested that the “exception clause” was only an exception
from the guilt of causing a spouse to commit adultery—when the basis
for the divorce was adultery. We asserted that we believe that this was
not an exception granting the right to remarry. In addition, we stated
that all
the Gospel accounts are in agreement, and that they give an overriding
prohibition against all remarriage.
As the modern Church has drifted so far from
this ancient teaching, the sight of such a far-off resolve
can seem almost a fantasy. Many Christians
may
find themselves in situations which seem hopeless; or they may feel there
are no
answers to their discouraging situations. And as we said before, once
many of these truths are realized, people or churches may
differ as to how to
deal with each case. However, I think it has been proven well enough
through the
centuries that turning a blind eye and ignoring the situation has only
made matters worse. The first step toward recovering lost ground is to
come to
grips with the words of Christ, Himself—to truly take Him at His Word, by faith.
After that…remember, “Being confident of this very thing, that
he which hath begun a good work in you will perform it until the day of Jesus
Christ” (Phil 1:6).
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