The law defines divorce as a legal dissolution of the marriage contract by a court or other body having competent authority. This is properly a divorce, and called, technically, divorce a vinculo matrimonii. ``from the bond of matrimony.'' (b) The separation of a married woman from the bed and board of her husband -- divorce a mensa et toro (or thoro), ``from bed board.'' Does this definition follow that of the Bible?
Mark 10:1-12 Jesus then left that
place and went into the region of Judea and across the Jordan. Again crowds of
people came to him, and as was his custom, he taught them. Some Pharisees came
and tested him by asking, Is it lawful for a man to divorce his wife?¨
What did Moses command you?¨ He replied.
They said, Moses permitted
a man to write a certificate of divorce and send her away.¨
It was
because your hearts were hard that Moses wrote you this law,¨ Jesus replied.
But at the beginning of creation God made them male and female. For this
reason a man will leave his father and mother and be united to his wife, and the
two will become one flesh. So they are no longer two, but one. Therefore what
God has joined together, let man not separate.¨
When they were in the house again, the disciples asked Jesus about this.
He answered, Anyone who divorces his wife and marries another woman commits
adultery against her. And if she divorces her husband and marries another man,
she commits adultery.
According to Mark, Jesus was not only against divorce but he detested the
actions of man to allow it against the word of God. He is trying to explain what
divorce means to God. Apparently, it is the joining of two people/minds,
bodies, and souls. These people are no longer people. They are a person. He also
states that Moses only made the law to solve the problems that humankind was
having.
It seems that Moses was without patience when making his
declaration. The crowd was already going against God, and their religion had
taken a step down their priority list. Moses was just giving his people what
they wanted to hear. He only allowed the man to give a statement of divorce. He
allowed them to take from that what they did. He was still serving his religion
with this decision. He was not allowing them to separate their souls.
I
believe Jesus was only reiterating, or clarifying, this act of Moses. He
explained to the masses that Moses was only allowing the couple to live in
different households. Before God, the couple remains married and the divorce
statement changes only the living situation. I believe that Jesus brought up the
examples of adultery to better illustrate his point.
If a couple decides to
become divorced, they only decide to live apart. They are still married. Before
God, they are not allowed to remarry. Marrying, or engaging in sexual acts with,
another while married is considered adultery. Thus, doing these acts while
living in separate homes is still adultery.
Matthew 5:31-32: It has
been said, Anyone who divorces his wife must give her a certificate of
divorce. But I tell you that anyone who divorces his wife, except for marital
unfaithfulness, causes her to become and adulteress, and anyone who marries a
divorced woman commits adultery.¨
What exactly was Jesus saying here? It
seems to be quite similar to the recollection of Mark, but with an added twist.
The married couple is still bound before God. Thus, the adultery aspect still
stands after the marriage. However, Jesus explains that divorce is only
permissible in the case of adultery. Does this act of divorce label her as an
adulterer? Or, is he saying that a divorce is only considered a divorce before
God after adultery?
A loop-hole is seemingly formed in this statement. A
divorce is only considered a divorce of spirit after an adultery meaning it is
the ultimate sin in a marriage. If one decides to become divorced for other
reasons, then it is not an actual divorce before God. Thus, if the wife decides
to remarry, it is considered adultery. Is the divorce then final before God? The
answer must surely be yes, but the label still falls on the head of the
adulterer.
Matthew 19:3-9-Some Pharisees came to him to test him. They
asked, Is it lawful for a man to divorce his wife for any and every reason?¨
Haven't you read,¨ he replied, that at the beginning the Creator
¡made them male and female.And said, For this reason a man will leave his
father and mother and be united to his wife, and the two will become one
flesh.? So they are no longer two, but one. Therefore what God has joined
together, let man not separate.¨
Why then¨ they asked, ¡did Moses
command that a man give his wife a certificate of divorce and send her away?¨
Jesus replied, Moses permitted you to divorce your wives because your hearts
were hard. But it was not this way from the beginning. I tell you that anyone
who divorces his wife, except for unfaithfulness, and marries another woman
commits adultery.¨
This passage seems to be the same as Mark
10:2-12. The only added difference is the explanation that adultery is a reason
for permissible divorce. This is obviously something that Matthew either felt
strongly about himself, or found in the sources that he used. For whatever
reason, he felt as though it needed to be added to the words that Mark printed.
Luke 16:18-¡ Anyone who divorces his wife and marries another woman commits
adultery, and the man who marries a divorced woman commits adultery.¡¦
Luke, following suit, points out the consequences of divorce. Again, it is labeled as adultery if one remarries. This shows that the approval of God is not with the divorce certificate. Obviously, Luke agrees with the statements of Mark and Matthew, but is putting that remarriage is definitely not an option.
1 Corinthians 7:10-17- To the married I give this command (not I, but the Lord):
A wife must not separate from her husband. But if she does, she must remain
unmarried or else be reconciled to her husband. And a husband must not divorce
his wife.
To the rest I say this (I, not the Lord): If any brother has a
wife who is not a believer and she is willing to live with him, he must not
divorce her. And if a woman has a husband who is not a believer and he is
willing to live with her, she must not divorce him. For the unbelieving husband
has been sanctified through his wife, and the unbelieving wife has been
sanctified through her believing husband. Otherwise your children would be
unclean, but as it is, they are holy.
But if the unbeliever leaves, let him
do so. A believing man or woman is not bound in such circumstances; God has
called us to live in peace. How do you know, wife, whether you will save your
husband? Or, how do you know, husband, whether you will save your wife?
Nevertheless, each one should retain the place in life that the Lord
assigned to him and to which God has called him. This is the rule I lay down in
all the churches.¡¦
Here, Paul restates that which was already in other
books, but adds that the marriage is capable of being saved. Then, he brings in
his own opinion and adds a new aspect to the situation. What does an unbeliever
bring to the relationship? It is a whole new problem when considering divorce.
Apparently, the marriage is still relevant before God, despite the stance of
the unbeliever. Marriage is marriage and it should all be sacred. However, in
this case, the union of souls is not stressed. How can an unbeliever expect the
God that they do not believe in to unite them? Once the unbeliever is saved, the
souls will be united and a divorce is not allowed.
However, if the
unbeliever never does accept God, then the he/she is permitted to cut off the
marriage. A believer is to stand by the side of his beloved. He/she is held to
all the rules of marriage and divorce. This, of course, meaning that the
believer calling for divorce does not separate the couple in God's eyes. If the
unbeliever calls for a divorce, then it is as if the marriage never took place.
They are free to remarry.
Most of these authors hold the same views. Divorce
is an accepted thing before man, but not before God. Then, divorce only means
that you are allowed to live in separate homes. As far as remarriage goes, it is
adultery on the behalf of all involved. The exception from this rule is only
applicable if one of the marriage partners is an unbeliever and, as such, calls
for the divorce. Then the divorce is a complete divorce and remarriage is
allowed without being considered adultery.