Deuteronomy 24:1-4      Divorce

Rev. David Holwick              Bible study

Ledgewood Baptist Church

December 9, 1990


DIVORCE IN THE BIBLE



    I. Old Testament passages.

        A. Leviticus 21:5-6,13-14.    Regulations for priests.

            1) Among those priests who cannot marry are divorcees.  But note

                 that widows are also unacceptable.  As a sign of spiritual

                 purity they must marry virgins.


        B. Deuteronomy 24:1-4.  (Most explicit divorce proceedings in OT.)

            1) Moses is not inventing divorce, but recognizes current

                 practice and is trying to moderate it.

            2) One particular problem is in view - remarriage with same

                 person after a sinful divorce.

            3) Divorce is a legal proceeding, just like marriage.

                a) Husband writes a bill of divorce.

                b) He puts it in her hand.  (Common OT term for divorce is

                     "putting away" a wife)

                c) She is sent away.

            4) Grounds of divorce:  "some indecency."

                a) Liberal Jewish view (Hillel):  she burns his toast.

                b) Conservative view (Gamaliel):  adultery only.

                c) Best view:  anything short of adultery.  Adultery would be

                     legitimate grounds for divorce, but this man is in

                     fact sinning by divorcing the woman; note how she is

                     "defiled" in verse 4.  Nevertheless, such a divorce is

                     legally valid and not to be reversed.

            5) The intent of the verses may be to protect the woman

                 economically, since the bill of divorce would sever his lien

                 on her dowry.  Note that in Deut 22:17-19,29 the wronged

                 woman cannot be divorced.  It would not be a happy home life

                 but she would have economic security.


        C. Jeremiah 3:1-11.

            1) The principle of Deuteronomy 24:1-4 is quoted.  (3:1)

            2) The nation of (northern) Israel is spiritually unfaithful to

                 God.  Prostitution imagery.  (3:1,2,6)

            3) God waits for her to return.  (Physical or emotional separation

                 in view?)

            4) Because of her adultery God gives her a bill of divorce and

                 "sends her away."  (3:8).  (Is Judah also divorced?)

                    >> Therefore God Himself can be considered a divorced person.

            5) Even after the divorce, God waits for Israel to return to Him

                 and acknowledge her guilt.  Reconciliation remains

                 available, in spite of the teaching of Deut. 24. (Jer 3:12-13)


        D. Hosea 2.  In the book of Hosea the prophet's troubled family

             situation mirrors God's relationship with (northern) Israel.

            1) Because of adultery, God no longer considers Israel his wife.

                 (2:2)  Note that divorce has replaced stoning for adultery,

                 even in the Old Testament.  God sets the example.

            2) God anticipates that Israel will return to Him, her first

                 husband.  (Another violation of Deuteronomy 24:1-4?)

            3) God romantically "allures" Israel (2:14) and remarries her.

                 (2:16,18-20)     [Compare Ezekiel 16]


        E. Ezra 10:2-3,11.

            1) Jews are ordered to divorce their foreign wives.  This is for

                 spiritual, not racial, reasons. (Compare 1 Cor 7:10-17,27)

               In the New Testament, Christians are forbidden to marry

                 non-believers, though if they were already married they are

                 not to instigate divorce.


        F. Malachi 2:13-16.

            1) God is the witness to the marriage vows.

            2) When these vows are broken, God withholds spiritual blessing.

                a) Note strong emphasis on marriage covenant, and union of

                     man and wife.

            3) God hates divorce.

                a) The reference to violence may allude to wife abuse

                     ("himself" could be translated "her", and covering with

                     a garment is symbolism from marriage.


   II. The New Testament.

        A. Matthew 5:31-32.

            1) Not a quote from Deut. 24:1-4, but a popular misapplication

                 of that passage.

            2) Unfaithfulness/fornication.   Different interpretations:

                a) Inserted by Matthew himself - Jesus allowed no exemptions.

                     [Liberal critical view, adopted by Barclay and others.]

                b) Any sexual sin.         [Stott]

                c) Premarital sex only.    [Boise]

                d) Incest, or marriage within the prohibited boundaries

                     (in other words, cousins).       [Guelich]

            3) Improper divorce (motivated by something other than fornica-

                 tion; as in Deut 24?) results in adultery.

                a) Implication:  Proper divorce does not result in adultery.

                b) Alternate view:  All divorce leads to adultery.  Jesus is

                     making an impossible demand here, similar to outlawing

                     lust (5:28).  The pure ethics of Jesus' kingdom require

                     a new heart.  However, restored relationships are

                     possible.  [Guelich]

            4) Note Jewish perspective here.  Only wives can be caused to

                 commit adultery.  Divorce was largely a male option.


        B. Matthew 19:3-11.

            1) Jesus' opponents focus on "some indecency" in Deut. 24 and

                 interpret it as "any and every reason."

                a) Jesus disagrees by pointing out God's original intention

                     in Genesis 2:24, "united...one flesh."

                b) People should not separate what God has joined.  (19:6)

                     Divorce, not re-marriage, breaks the original marriage.

            2) Jesus' opponents focus on Moses' "command" to divorce. (19:7)

                a) Jesus corrects them - Moses permitted divorce, he did not

                     command it.  It was a concession to the hardness of

                     human hearts.

                b) Improper divorce leads to adultery - on the part of the

                     man!

                c) Fornication is an exemption, but not the focus of the

                     passage.  (19:9)

            3) Jesus' disciples (who accepted easy divorce) see this as a

                 blow against marriage.  (19:10)

                a) Jesus replies that singleness requires a gift from God.


        C. Mark 10:2-12.

            1) Jesus' opponents question him on legality of divorce.

                a) Jesus responds, "What did Moses command?"  He is thinking

                     of Genesis 2:24, not Deut. 24:1-4.

                b) Although his opponents refer to Deut 24, they properly

                     see it as permission instead of command.


        D. 1 Cor 7:10-17,27.

            1) Married Christians must not divorce.

                a) Paul refers to explicit teaching of Jesus.

                b) If they separate, they must stay single or reconcile.

                c) Both husband and wife are prohibited from taking action.

            2) Where one spouse is a non-believer, maintain marriage.

                a) Divorce must only be instigated by the non-Christian.

                b) If the non-Christian wants to leave, they should be

                     allowed to do so.

            3) Overall principle:  retain your current position.


        E. 1 Timothy 3:2,12; Titus 1:6.

            1) Elders and deacons must be husband of one wife.

                a) Divorced Christians not allowed to be leaders?

                b) Those divorced before becoming Christians not allowed

                     to be leaders?

            2) Meaning of "one wife."

                a) They must not be divorced for any reason.

                b) They must not be improperly divorced.

                c) Polygamy is in view.

                d) Remarriage for any reason, including death, is in view.

                    1> Note that 1 Timothy 5:9 has a similar requirement

                         that church-supported widows have "one husband."

                         Obviously any remarriage is in view there.



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