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The Jewish Marriage Process

by David Ferguson

"Now the birth of Jesus Christ was on this wise: When His mother Mary had been betrothed to Joseph, before they came together she was found with child of the Holy Spirit. And Joseph her husband, being a righteous man, and not willing to make her a public example, was minded to put her away privily. But when he thought on these things, behold, an angel of the Lord appeared unto him in a dream, saying, ‘Joseph, thou son of David, fear not to take unto thee Mary thy wife: for that which is conceived in her is of the Holy Spirit.’ And she shall bring forth a Son; and thou shalt call His name JESUS; for it is He that shall save His people from their sins" (Matthew 1:18-21).

The traditionalist will claim that Joseph and Mary were married. Therefore, since Joseph sought to "put her away" rather than "divorce" her, they state the terms "put away" and "divorce" are the same. On the surface it might appear that the text supports this, because they are referred to as "husband" and "wife". Since they are called husband and wife, the traditionalist says that settles it. Put away means divorced! But does this passage really support their position?

There is another term in play here, too, and that is the word translated "betrothed". It is from the Greek word "mnesteuo" and means "espouse" or "betroth".

We need to understand that the Jewish marriage consisted of three stages. The first stage was the engagement. This was set up and arranged by the parents of the couple to be wed, and the prospective couple was not even involved.

The second stage was the betrothal. During this time the young couples agreed to the marriage, signed a legal document accepting to be married, and were considered "husband and wife." During this period, should the husband pass away, the woman would be called a widow. However, they did not live together yet. They did not engage in sexual activity. They were not officially and "completely" married, although there was a "legality" surrounding it. It was a time of courtship, a time of building a relationship, a time of getting to know one another. It was a time of planning and dreaming and happy expectations. This time of betrothal usually lasted about a year, and this is the step we find Joseph and Mary in from the above passage.

The final stage was the marriage ceremony and this could last up to a week.

Since we see the word betrothed used, we know this couple was not formally married yet.  They were in the second stage of the Jewish marriage. The fact that the text refers to Joseph as her "husband" and Mary as his "wife" does not contradict the statement that they were espoused or engaged.

This is what Barnes says regarding husband in this passage: "Her husband. The word in the original does not imply that they were married. It means here the man to whom she was espoused." Also, for the word "wife", note Strong’s definition: "a woman; specially, a wife:--wife, woman." Therefore, the claim by some that Joseph and Mary were married is not proven by the original language.

There are several reasons we should not conclude that Joseph and Mary were married. We have already discussed the three-step Jewish marriage process, in which they were merely betrothed. If they were married, then they could have engaged in sex as a married couple. They had not. Joseph had not "known" Mary; therefore, he knew he was not the father of her unborn child. He intended to end the betrothal quietly and privately, to spare Mary the shame of a public spectacle.

There is no biblical evidence that Joseph sought to divorce (biblion apostasion) Mary. He only sought to repudiate, put away, to separate from her (apoluo). One only divorces when one is married. If one is NOT married, and wants to end the relationship, then one simply separates. In addition, had they been married the penalty for adultery would have been death by stoning under the Law of Moses in which they lived.

The case of Joseph and Mary gives credence to and actually supports the position that "put away" is NOT the same thing as divorce, and is something that is performed without any legal papers.