Jewish Marriage And Divorce

19:1-9 When Jesus had finished these words, he left Galilee, and came into the districts of Judaea which are on the far side of the Jordan. Many crowds followed him, and he healed them there.

Pharisees came to him, trying to test him. "It is lawful," they said, "for a man to divorce his wife for any cause?" He answered, "Have you not read that from the beginning the Creator made them male and female, and he said, 'For this cause a man shall leave his father and his mother, and shall cleave to his wife, and the two shall become one flesh'? They are therefore no longer two, but one flesh. What, then, God has joined together, let no man separate." They said to him, "Why, then, did Moses lay it down to give her a big of divorcement, and to divorce her?" He said to them, "It was to meet the hardness of your heart that Moses allowed you to divorce your wives; but in the beginning that was not the state of things which was intended. I tell you that whoever divorces his wife, except on the ground of fornication, and marries another, commits adultery; and he who marries her who has been divorced commits adultery."

Here Jesus is dealing with what was in his day, as it is in our own, a vexed and burning question. Divorce was something about which there was no unanimity among the Jews; and the Pharisees were deliberately trying to involve Jesus in controversy.

No nation has ever had a higher view of marriage than the Jews. Marriage was a sacred duty. To remain unmarried after the age of twenty, except in order to concentrate upon the study of the Law, was to break a positive commandment to "be fruitful and multiply." He who had no children "slew his own posterity," and "lessened the image of God upon earth." "When husband and wife are worthy, the glory of God is with them."

Marriage was not to be entered into carelessly or lightly. Josephus outlines the Jewish approach to marriage, based on the Mosaic teaching (Antiquities of the Jews 4. 8. 23). A man must marry a virgin of good parentage. He must never corrupt another man's wife; and he must not marry a woman who had been a slave or a harlot. If a man accused his wife of not being a virgin when he married her, he must bring proofs of his accusation. Her father or brother must defend her. If the girl was vindicated he must take her in marriage, and could never again put her away, except for the most flagrant sin. If the accusation was proved to have been reckless and malicious, the man who made it must be beaten with forty stripes save one, and must pay fifty shekels to the girl's father. But if the charge was proved and the girl found guilty, if she was one of the ordinary people, the law was that she must be stoned to death, and if she was the daughter of a priest, she must be burned alive.

If a man seduced a girl who was espoused to be married, and the seduction took place with her consent, both he and she must be put to death. If in a lonely place or where there was no help present, the man forced the girl into sin, the man alone was put to death. If a man seduced an unespoused girl, he must marry her, or, if her father was unwilling for him to marry her, he must pay the father fifty shekels.

The Jewish laws of marriage and of purity aimed very high. Ideally divorce was hated. God had said, "I hate divorce" ( Malachi 2:16 ). It was said that the very altar wept tears when a man divorced the wife of his youth.

But ideal and actuality did not go hand in hand. In the situation there were two dangerous and damaging elements.

First, in the eyes of Jewish law a woman was a thing. She was the possession of her father, or of her husband as the case might be; and, therefore, she had, technically, no legal rights at all. Most Jewish marriages were arranged either by the parents or by professional match-makers. A girl might be engaged to be married in childhood, and was often engaged to be married to a man whom she had never seen. There was this safeguard--when she came to the age of twelve she could repudiate her father's choice of husband. But in matters of divorce, the general law was that the initiative must lie with the husband. The law ran: "A woman may be divorced with or without her consent, but a man can be divorced only with his consent." The woman could never initiate the process of divorce; she could not divorce, she had to be divorced.

There were certain safeguards. If a man divorced his wife on any other grounds than those of flagrant immorality, he must return her dowry; and this must have been a barrier to irresponsible divorce. The courts might put pressure on a man to divorce his wife, in the case, for instance, of refusal to consummate the marriage, of impotence, or of proved inability to support her properly. A wife could force her husband to divorce her, if he contracted a loathsome disease, such as leprosy, or if he was a tanner, which involved the gathering of dog's dung, or if he proposed to make her leave the Holy Land. But, by and large, the law was that the woman had no legal rights, and the right to divorce lay entirely with the husband.

Second, the process of divorce was fatally easy. That process was founded on the passage in the Mosaic Law to which Jesus' questioners referred: "When a man takes a wife and marries her, if then she finds no favour in his eyes because he has found some indecency in her, and he writes her a bill of divorce and puts it in her hand and sends her out of his house..." ( Deuteronomy 24:1 ). The bill of divorcement was a simple, one-sentence statement that the husband dismissed his wife. Josephus writes, "He that desires to be divorced from his wife for any cause whatsoever (and many such causes happen among men) let him, in writing, give assurance that he will never use her as his wife any more; for by this means she may be at liberty to marry another husband." The one safeguard against the dangerous ease of the divorce process was the fact that, unless the woman was a notorious sinner, her dowry must be returned.