Divorce:  Eligibility criteria for Christian re-marriage

 

 

Summary

You can marry a divorced person if:

1)       Their divorce pre-dates their born again experience (2 cor 5:17, Gal 6:14-15) -limit one born-again experience claimed.

2)       Their unbelieving spouse divorced them [only] because of their faith (1 Cor 7:12-17)

3)       They divorced their spouse for martial “unfaithfulness” (Matt 19:9) -- continually and willfully not providing any of the following:

a)       her (Exod 21:10-11) Food (also 1 Tim 5:8)

b)      her (Exod 21:10-11) Clothing (also 1 Tim 5:8)

c)       her/him Monogamous (Mark 10:11), regular (1 Cor 7:5) sex.

 

 

1.  except for marital unfaithfulness

Matt 5:31-32

31         "It has been said, 'Anyone who divorces his wife must give her a certificate of divorce.'

32         But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become an adulteress, and anyone who marries the divorced woman commits adultery.

33         "Again, you have heard that it was said to the people long ago, 'Do not break your oath, but keep the oaths you have made to the Lord.'

 

Unfaithfulness- 

4202  porneia (por-ni'-ah); from 4203; harlotry (including adultery and incest); figuratively, idolatry:

KJV-- fornication. 4202  porneia (por-ni'-ah); from 4203; harlotry (including adultery and incest); figuratively, idolatry: KJV-- fornication.

 

Yes, this is the word is similar to our word “porn”.  This is no coincidence.  If a man always prefers to masturbate while he looks at porn, instead of ever having sex with his wife, then she may divorce him.  Women aren’t usually as much in to porn, but if they were into it more than their husband (idolatry), then the same rule applies.  This type of adultery is a deadly sin. 

 

Christ’s “porneia” exception in Matt 5:32 is foreshadowed in the Torah, and reinforced in the epistles.  

 

 

 

Some Roles in marriage:

 

Conjugal (or Marital) Rights:

 

Exod 21:7-11

7          "If a man sells his daughter as a servant, she is not to go free as menservants do.

8          If she does not please the master who has selected her for himself, he must let her be redeemed. He has no right to sell her to foreigners, because he has broken faith with her.

9          If he selects her for his son, he must grant her the rights of a daughter.

10         If he marries another woman, he must not deprive the first one of her food, clothing and marital rights.

11                 If he does not provide her with these three things, she is to go free, without any payment of money.  (NIV)

 

Most whites no longer buy their wives, but most people in the world still do --paying a bride price.  This example above could be considered as a cultural equivalent to engagement/marriage.  Verse 8 defines the relationship with this phrase:

 

selected her for himself -3259  ya` ad (yaw-ad');  a primitive root; to fix upon (by agreement or appointment); by implication, to meet (at a stated time), to summon (to trial), to direct (in a certain quarter or position), to engage (for marriage): -agree, make an) appointment, a time), assemble (selves), betroth, gather (selves, together), meet (together), set (a time).

***. Ye` dow See 3260.

 

For Israel, in the case that the slave or fiancée does not work out, the man can’t just dump her like he could in other cultures.  He has some options.  If he decides to keep her or marry her, he is committed for life to give her food, clothing, and sex (2). He could also keep her and marry more women as long as he continues to give her food, clothing, and sex (2).  If he does not want to keep her or marry her, he could give her back, or let her be redeemed (1).  That makes her a free woman—presumable to marry someone else.  Lastly, he could give her to his son, making her his daughter.

 

If he commits to keep or marry her, but does not follow through by providing (Ex 21:10)

  1. Food
  2. Clothing
  3. Sex

 

12                 she is to go free, without any payment of money.  (NIV)

 

So, the irresponsible or delinquent husband loses the bride price he paid, and he loses the girl.  She is free to go find another husband, as far as I can tell.  Look at the Hebrew for yourself:

 

she is to go free - 3318  yatsa' (yaw-tsaw'); a primitive root; to go (causatively, bring) out, in a great variety of applications, literally and figuratively, direct and proxim.:

KJV-- X after, appear, X assuredly, bear out, X begotten, break out, bring forth (out, up), carry out, come (abroad, out, thereat, without), + be condemned, depart (-ing, -ure), draw forth, in the end, escape, exact, fail, fall (out), fetch forth (out), get away (forth, hence, out), (able to, cause to, let) go abroad (forth, on, out), going out, grow, have forth (out), issue out, lay (lie) out, lead out, pluck out, proceed, pull out, put away, be risen, X scarce, send with commandment, shoot forth, spread, spring out, stand out, X still, X surely, take forth (out), at any time, X to [and fro], utter.

 

Marital rights In verse 10 is also translated as “conjugal relations” in KJV, and does refer to regular sex, or sexual cohabitation, per below.

 

(2)Marital rights 5772  `ownah (o-naw');  -from an unused root apparently meaning to dwell together; sexual (cohabitation):

KJV-- duty of marriage.

 

However, the Amplified Bible does not translate “conjugal rights” as sex at all.

 

1 Corinthians 7 (Amplified Bible)

   3The husband should give to his wife her conjugal rights (goodwill, kindness, and what is due her as his wife), and likewise the wife to her husband.

 

This translation is interesting because without these things people are unlikely to be sexually attracted to their spouse.  Therefore, they could be considered part of this concept, which can also be translated as “dwell together as a married couple”. 

 

Back to Exod 21:7-11:  If he keeps her as his wife, and does not provide all 3—meaning that he does not put out, then she is to be allowed to go free. 

 

We see the mandatory sex rule in marriage reappear in the New Testament:

 

1 Cor 7:3-5

3          The husband should fulfill his marital duty to his wife, and likewise the wife to her husband.

4          The wife's body does not belong to her alone but also to her husband. In the same way, the husband's body does not belong to him alone but also to his wife.

5          Do not deprive each other except by mutual consent and for a time, so that you may devote yourselves to prayer. Then come together again so that Satan will not tempt you because of your lack of self-control.  (NIV)

 

As with any law, there is a judge to decide case-by-case.  The onset of medical impairments, compulsory military draft, and other factors beyond the breeching spouse’s control could affect sexual results for months or even years at a time.  However, like God, we look for the effort and intention of the failing member of a covenant.  If they are sincere and trying, then we should help them toward restoring covenant fulfillment, in this case, marriage fulfillment.  This same principle can be applied to emotional barriers to regular sexual fulfillment of the marriage covenant.  For example, replacing criticism with goodwill and kindness--per the 1 Corinthians 7 (Amplified Bible) above in the box–could help both spouses restore each other to sexual faithfulness. 

 

 

In this same passage, we also see the food and clothing requirement reappear as well—carrying even salvific weight: 

 

 

 

Man to pay the bills:

 

Rom 13:7-8

7          Give everyone what you owe him: If you owe taxes, pay taxes; if revenue, then revenue; if respect, then respect; if honor, then honor.

8          Let no debt remain outstanding, except the continuing debt to love one another, for he who loves his fellowman has fulfilled the law.  (NIV)

 

1 Tim 5:8

8                     If anyone does not provide for his relatives, and especially for his immediate family, he has denied the faith and is worse than an unbeliever.  (NIV)

 

Obviously, a man’s effort and intention to provide is more important to God than how rich or able he is to provide.  A woman should not leave a man over money.  That may be why we find blanket prohibitions on divorce in general, in more than one place in scripture. 

 

Luke 16:17-18

17         It is easier for heaven and earth to disappear than for the least stroke of a pen to drop out of the Law.

18         "Anyone who divorces his wife and marries another woman commits adultery, and the man who marries a divorced woman commits adultery.

 

Back to our 3 requirements for the groom of Duet 21:7-11.  Food or clothing – it is hard to survive without those.  Will God not understand if a wife leaves a man because she is starving?  Would she be committing adultery if she did?  I think that Duet 21:7-11 makes these 3 provisions for women to leave marriages, and still be eligible for re-marriage.  Remember, that when they leave, the children usually come with them.  The children need food and clothing.

 

Matt 5:31-32

31         "It has been said, 'Anyone who divorces his wife must give her a certificate of divorce.'

32         But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become an adulteress, and anyone who marries the divorced woman commits adultery.

33         "Again, you have heard that it was said to the people long ago, 'Do not break your oath, but keep the oaths you have made to the Lord.'

 

Unfaithfulness- 

4202  porneia (por-ni'-ah); from 4203; harlotry (including adultery and incest); figuratively, idolatry:

KJV-- fornication. 4202  porneia (por-ni'-ah); from 4203; harlotry (including adultery and incest); figuratively, idolatry: KJV-- fornication.

 

This type of unfaithfulness may also be translated, “gone a whoring”, if you like King James.  This is the only exception to the “no divorce” rule.  It is restated here:

 

Matthew 19 (Amplified Bible)

    9I say to you: whoever dismisses (repudiates, divorces) his wife, except for unchastity, and marries another commits adultery, [c]and he who marries a divorced woman commits adultery.

    10The disciples said to Him, If the case of a man with his wife is like this, it is neither profitable nor advisable to marry.

    11But He said to them, Not all men can accept this saying, but it is for those to whom [the capacity to receive] it has been given.

    12For there are eunuchs who have been born incapable of marriage; and there are eunuchs who have been made so by men; and there are eunuchs who have made themselves incapable of marriage for the sake of the kingdom of heaven. Let him who is able to accept this accept it.

 

In verse 11 and 12, Jesus is limiting the intended audience of the disciples saying, not his own.    Paul later gives this same advice, while also admitting that only certain people have this gift of singleness.

 

 

 

2.  Unbelieving Spouse leaves you

Your husband or wife being on the way to hell is also not an excuse for divorce, in case you were wondering:

 

1 Cor 7:12-17

12         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.

13         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.

14         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.

15         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.

16         How do you know, wife, whether you will save your husband? Or, how do you know, husband, whether you will save your wife?

17         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.  (NIV)

 

This passage only relieves you of attempting to pursue reconciliation with an unbeliever who leaves you.

 

1 Cor 7:10

 10To the married I give this command (not I, but the Lord): A wife must not separate from her husband. 11But if she does, she must remain unmarried or else be reconciled to her husband. And a husband must not divorce his wife.

 

            Amplified Bible

    10But to the married people I give charge--not I but the Lord--that the wife is not to separate from her husband.

    11But if she does [separate from and divorce him], let her remain single or else be reconciled to her husband. And [I charge] the husband [also] that he should not put away or divorce his wife.

 

Q:  My spouse left me, but not for unfaithfulness.  May I

a.        Divorce them?

a.       Some bible teachers read this passage as saying that a husband who gets left by a believing wife cannot divorce her.  Here are 3 problems I have with that.

                                                               i.      Believers don’t leave their spouses except for maritial unfaithfulness.  Christians are not adulterers.

                                                             ii.      1 Cor 7:10 NIV above reads “a” husband (in general), not “the” husband (in that particular case) -- referring to sentence before it.

                                                            iii.       The Amplified Bible uses the same phrase, “put away”, to refer to what the wife did, and then to what the husband might do.  Why would Paul command him not to put away a wife who has already put him away?  This shows that both sentences in verse 11 could not be referring to the same specific case of a Christian husband abandoned by a Christian wife.  Therefore, the last sentence in verse 18 only states the same expectation for a man in general—that he should not end his marriage with his wife.  The terminology may be different per gender because women may not have had the legal right to divorce—I don’t know.  This does not affect the theology of it.

 

b.      Remarry? -  If your unbelieving spouse leaves you, but not for marital unfaithfulness, then you are not bound (v.15).  I assume that this means you may remarry, and you need not pursue reconciliation; as contrasted with 1 Cor 7:11. 

 

Q:  My Christian spouse left me because I was unfaithful.  May I

a.       Divorce them – no.  1 Cor 7:10-11

b.      Remarry – no. 1 Cor 7:10-11

 

 

 

2 Wrongs don’t make a right

Deut 24:1-4

1          If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house,

2          and if after she leaves his house she becomes the wife of another man,

3          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,

4          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.

 

Moses was not condoning or commanding, but dealing with a sinful situation where their hearts were hardened (Matt 19:3-9).  This law refers to a practice that they already had.  The practice may also be rationalized based in part on the above Exod 21:7-11 passage.  Adam Clarke clarifies this interpretation:

 

The grand subject of dispute between the two schools, mentioned above, was the word in #De 24:1, When a man hath taken a wife-and she find no grace in his sight, because of some UNCLEANNESS, [Hebrew word] eruath:-this the school of Shammai held to mean whoredom or adultery; but the school of Hillel maintained that it signified any corporeal defect, which rendered the person deformed, or any bad temper which made the husband's life uncomfortable. Any of the latter a good man might bear with; but it appears that Moses permitted the offended husband to put away the wife on these accounts, merely to save her from cruel usage. In this discourse, our Lord shows that marriage, (except in one case,) is indissoluble, and should be so:

 

Here are the two definitions of the Hebrew word for you:

 

Brown-Driver-Briggs:

6172  `ervah-

nakedness, nudity, shame, pudenda, genitalia

a) pudenda (implying shameful exposure)

b) nakedness of a thing, indecency, improper behavior

c) exposed, undefended (figurative)

 

Strongs:

6172  `ervah (er-vaw');from 6168; nudity, literally (especially the pudenda) or figuratively (disgrace, blemish): KJV-- nakedness, shame, unclean (-ness).

 

My personal interpretation of Deut 24:1-4 agrees with the school of Shammai and our Hebrew definitions.  It goes like this:

“If a man divorces his wife for whoring around, and she remarries someone else, then he can’t re-marry her.” 

 

This keeps them from passing women back and forth. This passage says nothing of the adulteress’s remarriage being a sin that needs to be repented of or corrected.  In fact, it forbids it correcting it in the same way that correction is implied for Herodias, the wife of Herod’s brother, Phillip. 

 

Mk. 6:17, 18:

"For Herod himself had given orders to have John arrested, and he had him bound and put in prison. He did this because of Herodias, his brother Philip's wife, whom he had married. For John had been saying to Herod, 'It is not lawful for you to have your brother's wife.'"

 

If Philip had divorced his wife over uncleanness, then he could not remarry her.  However, it sounds like his wife was actually stolen from him.  In this case, it sounded like Herod should give her back.  This is not the usual case though:

 

Jer 3:1

They say, If a man put away his wife, and she go from him, and become another man's, shall he return unto her again? shall not that land be greatly polluted? but thou hast played the harlot with many lovers; yet return again to me, saith the LORD.

 

 This is why I have a problem with people divorcing their current spouse in order to reunite with their original:  You know what they say, 2 wrongs don't make a right. 

 

Luke 16:17-18

17         It is easier for heaven and earth to disappear than for the least stroke of a pen to drop out of the Law.

18         "Anyone who divorces his wife and marries another woman commits adultery, and the man who marries a divorced woman commits adultery.

 

Based on verse 18, a few Bible teachers would reason that if you are married to a divorced woman, then you are committing present tense adultery.  I agree that in many cases this is true.  However, I disagree with the solution they propose:  They recommend that you should re-unite with your original spouse in order to repent of the sins of:

1.        Divorce with your first spouse

    1. Adultery with your second

However, this solution creates at least 2 more problems of its own, in like manner:

1.       Divorce with your 2nd spouse

2.       Adultery with your 1st (cheating on your second spouse)

 

I would advise as Paul might:

 

1 Cor 7:12-17

17         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.  (NIV)

 

If you have an unbiblical divorce in your past, don’t do anymore unbiblical divorces.  I do not recommend that anyone do an unbiblical divorce in any case. This is because I believe that very few people have the gift of singleness, and that even fewer will live out that calling faithfully.  Therefore, almost all of such divorcees will either remarry or fornicate.  In either case, they will be committing adultery.

 

 

 

 

3. All things are new –the exception that I am adding

 

What if a divorced person gets born again?  Can they re-marry biblically?

 

2 Cor 5:16-21

16         So from now on we regard no one from a worldly point of view. Though we once regarded Christ in this way, we do so no longer.

17         Therefore, if anyone is in Christ, he is a new creation; the old has gone, the new has come!

18         All this is from God, who reconciled us to himself through Christ and gave us the ministry of reconciliation:

19         that God was reconciling the world to himself in Christ, not counting men's sins against them. And he has committed to us the message of reconciliation.

20         We are therefore Christ's ambassadors, as though God were making his appeal through us. We implore you on Christ's behalf: Be reconciled to God.

21         God made him who had no sin to be sin for us, so that in him we might become the righteousness of God.  (NIV)

 

Gal 6:14-15

14         May I never boast except in the cross of our Lord Jesus Christ, through which the world has been crucified to me, and I to the world.

15         Neither circumcision nor uncircumcision means anything; what counts is a new creation.  (NIV)

 

 

Born Again… Again?

 

This brings us to the problem of people claiming multiple born-again experiences.  I frown on that practice in general.  Theoretically, it could get ridiculous and there would be no accountability regarding someone’s true Christian testimony.  Someone who has not remained faithful to God in the past (since they were born again), probably will not remain faithful to Him in the future.  Why would you marry someone like that? 

 

2 Corinthians 6:14
Be ye not unequally yoked together with unbelievers: for what fellowship hath righteousness with unrighteousness? and what communion hath light with darkness?
2 Corinthians 6:13-15 (in Context) 2 Corinthians 6 (Whole Chapter)

 

I guess a couple with equally yo-yo (inconsistent) Christian testimonies could marry per above, but I would not want to marry them because marriage is also a public, legal, and community-facing institution.  Trust me; it can be embarrassing when it does not work out.  I would prefer to marry a couple that has some personal and spiritual integrity and history behind the commitment they are making to each other.

 

 

Back to the Basics

Jesus balances the Deut 24:1-4 scriptures with Genesis to teach the true meaning of Moses’ writings.

 

Matt 19:3-9

3          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?"

4          "Haven't you read," he replied, "that at the beginning the Creator 'made them male and female,'

5          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'?

6          So they are no longer two, but one. Therefore what God has joined together, let man not separate."

7          "Why then," they asked, "did Moses command that a man give his wife a certificate of divorce and send her away?"

8          Jesus replied, "Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning.

9          I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery."

 

Mark 10:2-12 (New American Standard Bible)

 2Some Pharisees came up to Jesus, testing Him, and began to question Him whether it was lawful for a man to divorce a wife.

 3And He answered and said to them, "What did Moses command you?"

 4They said, "(A)Moses permitted a man TO WRITE A CERTIFICATE OF DIVORCE AND SEND her AWAY."

 5But Jesus said to them, "(B)Because of your hardness of heart he wrote you this commandment.

 6"But (C)from the beginning of creation, God (D)MADE THEM MALE AND FEMALE.

 7"(E)FOR THIS REASON A MAN SHALL LEAVE HIS FATHER AND MOTHER[a],

 8(F)AND THE TWO SHALL BECOME ONE FLESH; so they are no longer two, but one flesh.

 9"What therefore God has joined together, let no man separate."

 10In the house the disciples began questioning Him about this again.

 11And He said to them, "(G)Whoever divorces his wife and marries another woman commits adultery against her;

 12and (H)if she herself divorces her husband and marries another man, she is committing adultery."

Footnotes:

a.       Mark 10:7 Many late mss add and shall cling to his wife


Cross references:

A.      Mark 10:4 : Deut 24:1, 3; Matt 5:31

B.      Mark 10:5 : Matt 19:8

C.      Mark 10:6 : Mark 13:19; 2 Pet 3:4

D.     Mark 10:6 : Gen 1:27; 5:2

E.      Mark 10:7 : Gen 2:24

F.      Mark 10:8 : Gen 2:24

G.     Mark 10:11 : Matt 5:32

H.      Mark 10:12 : 1 Cor 7:11, 13

 

 

Luke 16:17-18

17         It is easier for heaven and earth to disappear than for the least stroke of a pen to drop out of the Law.

18         "Anyone who divorces his wife and marries another woman commits adultery, and the man who marries a divorced woman commits adultery.

 

 

These last two scriptures do not leave any wiggle room at all:  No caveat for those who remarry after leaving habitually unfaithful spouses.  These faithful spouses may have been:

 

1.       Cheated on

2.       Defrauded

a.       P-whipped

b.      D-whipped

3.       Left

4.       Women who were

a.       Naked

b.      Hungry

 

None of these scriptures even mention separating from a spouse who does illegal things to you, like beats you, or beats your kids.  These scriptures don’t mention hundreds of scenarios that the leaders and Judges of Israel would have made a common sense ruling on.  However, debatable matters, such as the definition of “unfaithfulness” are debates that continue to this day. 

 

Due perhaps, in part to these debates, and the need for the hearing of individual cases, these last two decrees are issued to spoil everyone’s divorce party.  Everybody would go for #2.  At least I know the guys would.  Except in the case of death, these last two scriptures go like this:

 

Remarriage = Adultery

 

That should be enough to scare Christians away from divorce or separation at least until things get adulterous or dangerous, or both. 

 

 

 

 

The Old Testament Prophet Writes:

Mal 2:13-16

13         Another thing you do: You flood the LORD's altar with tears. You weep and wail because he no longer pays attention to your offerings or accepts them with pleasure from your hands.

14         You ask, "Why?" It is because the LORD is acting as the witness between you and the wife of your youth, because you have broken faith with her, though she is your partner, the wife of your marriage covenant.

15         Has not made them one? In flesh and spirit they are his. And why one? Because he was seeking godly offspring. So guard yourself in your spirit, and do not break faith with the wife of your youth.

16         "I hate divorce," says the LORD God of Israel, "and I hate a man's covering himself with violence as well as with his garment," says the LORD Almighty. So guard yourself in your spirit, and do not break faith.

 

How we define marital unfaithfulness is a tough issue, but remember:

 

2 Tim 2:15

15         Do your best to present yourself to God as one approved, a workman who does not need to be ashamed and who correctly handles the word of truth.

 

 

 

Summary

You can marry a divorced person if:

4)       Their divorce pre-dates their born again experience (2 cor 5:17, Gal 6:14-15) -limit one born-again experience claimed.

5)       Their unbelieving spouse divorced them [only] because of their faith (1 Cor 7:12-17)

6)       They divorced their spouse for martial “unfaithfulness” (Matt 19:9) -- continually and willfully not providing any of the following:

a)       her (Exod 21:10-11) Food (also 1 Tim 5:8)

b)      her (Exod 21:10-11) Clothing (also 1 Tim 5:8)

c)       her/him Monogamous (Mark 10:11), regular (1 Cor 7:5) sex.

 

 

 

Think of marriage as permanent

If you are reading this article looking for ammunition from the Bible with which to replace your spouse, please consider the following:

 

1)       After divorce, Christian Counselors recommend a 2-year waiting period that includes individual and group counseling, including divorce recovery class -- before seeking another mate.

2)       Even in cases listed in #2, including 2c, it has been my experience that Pastors encourage couples to work through the underlying issues together toward rebuilding trust and restoring the marriage.  So add another year of marriage counseling to your replacement plan or better yet consider being the spouse that does not drive your spouse towards adultery.

 

 

-----

 

(1)  redeemed--6299  padah (paw-daw');  a primitive root; to sever, i.e. ransom; gener. to release, preserve: KJV-- X at all, deliver, X by any means, ransom, (that are to be, let be) redeem (-ed), rescue, X surely.