Mark (10:11-12) and Luke (16:18) have rather simple and straightforward statements on divorce and remarriage: if you divorce and remarry, you’re in adultery. A standard interpretation is the Strict View:
- (SV) Divorce does not actually remove the marriage, and so if you remarry, you’re still married to the previous party, and hence are committing adultery.
It’s usual in the Christian tradition to restrict this to consummated Christian marriage, and I will take that for granted.
However, Matthew has a more complex set of prohibitions:
Matthew 5:32: Anyone who divorces his wife, except on account of porneia, makes her commit adultery, and anyone who marries a divorced woman commits adultery.
Matthew 19:9: Anyone who divorces his wife, except due to porneia, and marries another commits adultery.
There are several puzzles here. First, unlike in Mark and Luke, we have exceptions for porneia, a generic term for sexual immorality. There are two main interpretations of this exception:
Except when the wife has committed sexual immorality (most commonly, adultery).
Except when the “marriage” constitutes sexual immorality.
Reading (1) supports the Less Strict View:
- (LSV) Except when your spouse has committed adultery, divorce does not actually remove the marriage, and so if you remarry, you’re still married to the previous party, and hence are committing adultery.
Reading (2) is based on the observation that not every legal marriage is genuinely a marriage: the Romans, for instance, might have allowed a couple to marry despite their being too closely related from the Christian point of view. In such a case, their “marriage” is not a real marriage but incest, a form of sexual immorality, and divorce is not only permissible, but a very good idea. Note that on reading (2), we can but need not suppose that Jesus verbally included the exception—the inspired author might have added it for clarification because the issue came up for converts, much as we put things in square brackets within a quote to clarify the author’s meaning (there were no brackets in Greek, of course).
Reading (2) has the advantage that it explains how all three Gospels can be inspired, even though Mark and Luke have unqualified statements of SV, since on reading (2) it is true that divorcing one’s wife and remarrying is never permitted, but it is permissible, of course, to divorce one’s partner in an immoral sexual relationship that non-Christian society may call “marriage”. Note that the Greek for “his wife” can literally just mean “his woman”, which makes the disambiguation especially appropriate.
But I want to turn towards a different and more complex argument for SV. Notice that in Matthew 5:32, instead of us being told that the man who divorces his wife (or woman) commits adultery, we are oddly told that he makes her commit adultery. But being a betrayed spouse does not constitute adultery! What’s going on? Well, the good interpretations that I’ve seen note that the social context is a society where it is very difficult to be a woman without a husband. There will thus be significant social pressure to marry or become a concubine, either of which would constitute adultery against the first husband. The realities of the day were such that very likely she would succumb to the pressure, and the first husband would have caused her to commit adultery, and thereby he would have earned himself something worse than a millstone about the neck (Matthew 18:6). This reading also nicely explains why Matthew 5:32, unlike the three other texts, does not mention the man marrying another. For the woman is going to be exposed to the social pressure to join herself to another man whether or not her (first) husband marries another.
Note that this reading of “makes her commit adultery” prima facie works on both readings of the porneia exception. On the reading where the porneia is the wife’s adultery against her husband, obviously if she is already committing adultery, by divorcing her he isn’t making her commit adultery. On the reading where the porneia is constituted by the immorality of the first “marriage”, because the woman wasn’t really married to the man, if she goes and marries another, she isn’t committing adultery.
Nonetheless, there is a serious problem for this reading of “makes her commit adultery” on the Less Strict View and reading (1). While Matthew 5:32 does not talk of the man marrying another, often the man will marry another. So now imagine this story. There is a valid marriage between Alice and Bob with no adultery, but Bob divorces Alice, and marries Charlene. At this point, Bob is committing adultery against Alice on both SV and LSV. Thus, if LSV is correct, then Alice is entitled to divorce Bob and marry another, say Dave. But if she avails herself of this, she isn’t committing adultery. In other words, if LSV is correct, in many cases the first wife will be able to avoid committing adultery without going against social pressures: she need only wait for her first husband to marry, and then the “except on account of porneia” clause on interpretation (1) frees her (and since he’s already legally divorced her, she doesn’t need to do any legal paperwork). (Of course, there will still be less common cases where she is stuck, namely when the man fails to remarry. But such a case wouldn’t be the rule, and Matthew 5:32 implies that leading the woman to adultery is the rule rather than an exception.)
On SV, the problem for the reading of “makes her commit adultery” entirely disappears. Whether or not the man remarries, there is social pressure for the divorced wife to marry, and in doing so, she would be committing adultery against the man.
Interestingly, there is a historically represented view that avoids the Strict View, allows our interpretation of “makes her commit adultery” and avoids the above interpretative problem, namely the quite awful Asymmetric View:
- (AV) A woman is not permitted to remarry after a divorce, whether or not the first husband committed adultery against her, but a man is permitted to remarry after a divorce if, and only if, the first wife committed adultery against him.
Additionally, AV also explains why neither of the texts in Matthew has an exception for porneia in the “anyone who marries a divorced woman” clause, a minor weak point for LSV. (On SV and reading (2) of porneia, we just note that one need not repeat a parenthetical clarification every time.)
In fact, while there was controversy in the early centuries of Christianity over remarriage and divorce following adultery, I understand that it was mainly a controversy between advocates of SV and AV, not between advocates of SV and LSV. However, AV was rightly lambasted by St. Jerome for being sexist, and I assume almost nobody wants to defend it now.
Thus to sum up my argument for SV:
One of SV, AV and LSV is true, as they are the historically plausible Christian views on marriage.
The right interpretation of “makes her commit adultery” is the social pressure interpretation.
This interpretation is incompatible with LSV.
AV is false.
Therefore, SV is true.
Where does Jerome write about the sexist nature of AV?
ReplyDeleteHere's the reference I have: "With us, however, what is unlawful for women is equally unlawful for men; and since both are in a like servitude to God, both are reckoned as of equal status" (Jurgens, Faith of the Early Fathers, vol. 2, 185)
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