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In recent times it is common to hear someone say, "Only the innocent may marry again if divorced." First, that is not what Jesus said--the idea is merely an assumption based on a misunderstanding of what Jesus said, and there are many problems with this doctrine. Second, it is contrary to the very teaching that was the center of controversy among the Jews, and which was the focal point of the discussion between Christ and the Pharisees. The text of course is Deuteronomy 24:1-2.
1When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house. 2And when she is departed out of his house, she may go and be another man's wife.
There were two schools of thought among the Jews as to the meaning of the above text pertaining to the reason for the divorce. But there was no discussion or concern as to whether the man could marry another, apparently because he could have as many wives as he wanted and could afford. Also, there seems to be little or no evidence as to whether the woman was actually guilty of anything. The husband was the judge, jury and executioner, so to speak, and his reason for the divorce (as commanded of God, (Mark 10:3) was not questioned. Nevertheless, those who insist that Jesus taught that the guilty party must remain celibate often appeal to Deuteronomy 24:1-2 to support their contention. They say "uncleanness" means fornication—to include adultery. But there are problems with this. First, scholars are by no means united on the meaning. In fact, most shy away from the idea that the word translated "uncleanness" in the text means adultery. Second, it cannot mean adultery because the Law required the death penalty (Lev. 20:10).
But the main point we want the reader to see at this point is that the "guilty party" discussed in our text was the woman, because of "uncleanness," what ever it was, but determined solely by the husband. Thus, the first mention of divorce in the Bible allows even the guilty party to marry another person. Although the woman was the cause of the divorce (at least this is the interpretation of man) and the man initiated the divorce, still the woman was allowed to have a marriage. "She may go and be another man's wife." This is in line with the teaching by example pertaining to God's wife who was divorced (being the guilty party, Jer. 3:8) but allowed to marry Christ (Rom. 7:4).
It is so important that we use good hermeneutics in our study of important subjects like divorce and the question of whether the divorced may marry. Good hermeneutics requires that we consider many things before drawing a conclusion. Unfortunately, many have drawn conclusions based upon what others have said (based upon one text) and are either too blind to see, too proud to change, or simply don't have the faith to deal with the earthly consequences of going against the traditional defenders, who often use every tactic in the book to maintain their tradition and destroy the opposition.
I'm reminded of a statement attributed to A.W. Tozer:
The true follower of Christ will not ask, "If I embrace this truth, what will it cost me? Rather he will say, "This is truth, God help me to walk in it, let come what may!"
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