“Whoever divorces his wife and marries another commits adultery against her….”
In Mark 10:1-12 we read of an encounter between “some Pharisees” and Jesus over the question of divorce. They ask him, “Is it lawful for a man to divorce his wife?” (10:2, NRSV) to which Jesus replies, “What did Moses command you?” (10:3) They then tell Jesus that Moses said it was permissible to divorce one’s wife if you produce a “certificate of dismissal” (10:4). What did that entail?
Moses and Divorce
Deuteronomy 24:1-4 gives us the answer.
Suppose a man enters into marriage with a woman, but she does not please him because he finds something objectionable about her, and so he writes her a certificate of divorce, puts it in her hand, and sends her out of his house; she then leaves his house and goes off to become another man’s wife. Then suppose the second man dislikes her, writes her a bill of divorce, puts it in her hand, and sends her out of his house (or the second man who married her dies); her first husband, who sent her away, is not permitted to take her again to be his wife after she has been defiled; for that would be abhorrent to the LORD, and you shall not bring guilt on the land that the LORD your God is giving you as a possession.
So if a man found something “objectionable” about his wife, he could then write a certificate of divorce and send her away. But what constitutes objectionable? Simply put, we don’t know.
The “objectionable thing” is vague, and perhaps deliberately so. This law is less interested in the technicalities of the bill of divorce than it is in the correct disposition of the former wife’s sexuality.1
Whatever it was, by the time of Jesus there were some groups who contended a wife who couldn’t cook was one who could be divorced while others claimed that divorce was only permissible on the grounds of sexual immorality.2
Having been put away by her husband, the woman is free to marry again (24:2). However, if her new husband “dislikes her” then he too can write a bill of divorce and put her away (24:3). But is this woman free to return to her first husband? No, because “she has been defiled” and such an act “would be abhorrent to the LORD” and would “bring guilt on the land” (24:4).
Back to “The Beginning”
Jesus acknowledges the Pharisees’ words about Moses but it isn’t a concession. He tells them that it was “[b]ecause of your hardness of heart he wrote this commandment for you” (10:5). Well what does that mean? A heart that is “hard” refers to a disposition of stubbornness. But how does that fit with regards to Moses and the giving of this law? It seems that Jesus understands Deuteronomy 24:1-4 “as a temporary concession by God to the spiritual weakness of the people.”3 In other words, divorce was permitted but it “was never envisaged in the divine purpose.”4 Instead, God’s design was life-long partnership:
But from the beginning of creation, “God made them male and female.” “For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh.” So they are no longer two, but one flesh. Therefore what God has joined together, let no one separate (10:6-9).
Jesus is echoing the words of both the Priestly account of humanity’s creation (Genesis 1:27) and the Yahwist’s account (Genesis 2:24). His appeal to these texts serves his point that “what God has joined together, let no one separate” (10:9). How? Because it was God who made them two separate beings (Genesis 1:27) but then, through the act of marriage and physical consummation, they “become one flesh” (Genesis 2:24). And since marriage was God’s idea “from the beginning of creation,” only he can separate the two that have become one.
Divorce and Remarriage
But if this wasn’t obvious from his exchange with the Pharisees, Jesus is even more blunt in private with the disciples (10:10).
Whoever divorces his wife and marries another commits adultery against her; and if she divorces her husband and marries another, she commits adultery (24:11-12).
If you divorce your spouse and marry someone else you have violated the commandment of God (Exodus 20:14). Why? Because the now-divorced couple are still one flesh. Therefore, a remarriage means a union that violates that one flesh. This is in stark contrast with the Deuteronomic law which stated marriage was permissible after divorce.
So if we ask the Markan Jesus, “Is divorce permissible?” his answer would be a resounding “No!” Why? Because marriage is a union of one flesh that no one can separate. Not Moses. Not a certificate of divorce. No one. Only God.
1 Douglas A. Knight and Amy-Jill Levine, The Meaning of the Bible: What the Jewish Scriptures and Christian Old Testament Can Teach Us (HarperOne, 2011), 315.
2 Gordon J. Wenham, “Divorce,” in Bruce M. Metzger and Michael D. Coogan, editors, The Oxford Companion to the Bible (OUP, 1993), 170.
3 John R. Donahue and Daniel J. Harrington, The Gospel of Mark, Sacra Pagina (The Liturgical Press, 2002), 294.
4 R.T. France, The Gospel of Mark, NIGTC (William B. Eerdmans Publishing Company, 2002), 391.
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