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Divorce and Remarriage: The Constant and Ongoing War

by Robert Waters

The people of God have been engaged in controversy over divorce and remarriage since the days of Moses. Although divorce is usually not a good thing it was many years after the death of Christ that men got the idea that a person who had been divorced was no longer eligible to have a spouse. Of course, God foresaw the damage this evil idea could do to his people and inspired men to deal with the matter. Though it is likely that in 1 Timothy 4:1-4, Paul had in mind a sect or religion, who can deny that his condemnation of the practice of “forbidding to marry” was to be applied to any who would do the same in principle? Also, the apostle Paul wrote a rather lengthy chapter that was evidently designed to deal with questions from Christians (to include us today) who wanted guidance regarding God’s will in the matter of divorce and remarriage.

The Christian is referred to in the scriptures as a “soldier of Jesus Christ” (2 Tm 2:2). Even a popular song exhorts “Soldiers of Christ arise and put your armor on.” Many have put on their armor and are engaged in the war currently called MDR (marriage, divorce and remarriage). When there is a war, there are sides, rules of engagement, rules of ethics, tactics, abilities, confrontations, hostilities, lies, fighting, battles, ploys for peace, cries for division, mercies, judgments, atrocities, hatred, friendships, allies, cronies, enemies, casualties, victims, punishing, executions, suffering, champions, spectators, photographers, winners and losers. In a war, people take sides and we have rules. The winners in the MDR war will be those who learn, accept, practice and teach the truth.

Our efforts to capture the minds of the sincere on the MDR issue is truly a war, and each aspect of the study between those who are ostensibly set in their beliefs and ways is a fierce battle. It is inconceivable that a Christian would not want to get involved in learning God’s will about MDR. Satan uses many devices to shield the multitudes from the truth. Considering that MDR is undoubtedly the most conflict-ridden, divisive and troublesome Bible subject it surely would help if we could back off and look at this war as a neutral or unbiased party might view it.

Observations Regarding the Participants Involved in the MDR War:

Both honest and dishonest people engage in the MDR war, but some (so it seems) are more honest than others.

Both prejudiced and open-minded people participate in the war, and some are more prejudice than others.

Honorable and dishonorable men and women are involved in the war.

Some engage in the battles because they like to fight, whereas others do so because they are compelled to so do (as was the apostle Paul to preach–1 Cor 9:16).

Some engage in battle because they are determined to defend and maintain tradition, whereas others do so because they are committed to the defense of truth.

Some believe in their cause, whereas, others are fighting just because. Some are at war because they hate the enemy. Unfortunately, some are confused as to who the enemy is. But some are at war because they love truth and all people and want to assure that God’s means of avoiding fornication is available to all (1 Cor 7:2). 

Most who discuss MDR are in a battle for the minds. Some are smart and know how to persuade, whereas, others have no clue about what evidence is necessary to make their position appear believable. Some use honorable means to persuade. Others seem to be even willing to sacrifice themselves to destroy whom they perceive to be the enemy. Because of their imprudence truth suffers and the Lord’s church is shamed.

Methods and Tactics:

When it comes to methods and tactics in battle some think it necessary or helpful to call names, such as “liberal” and “false teacher,” "errorist," etc. Some make unjustifiable, false and slanderous charges and make judgmental accusations regarding motives and eternal destiny. Others endeavor to stay with the issues, to be brotherly and leave the judging to God.

Some use sophistry, confusion, innuendo, equivocation and other measures designed to prevent honorable and productive exchange of thoughts and ideas. Others endeavor to fight using honorable rules. Some build straw men, erect decoys and blow smoke. But others refuse to employ such devices.

The Issues:

The issues in the MDR war are neither clear to all nor settled in the mind of most.

Some say the real issue is about marriage, whereas some say it is about divorce. Others say it is about treachery - putting away without releasing by giving a bill of divorcement, or at least this is what some understand Jesus to have condemned.

Some say the issue is about avoiding adultery, whereas some say it is about avoiding fornication maintaining that marriage, a tool from God, is for all so they can avoid sexual sins (1 Cor 7:1, 2).

Some say marriage is not good (even sinful) for some. God says, "It is not good that man should be alone" (Gen 2:18).

Some say the church must not fellowship those who have been divorced if they insist on getting married or staying married. Others contend that all sins are forgivable (following repentance) and that marriage must be allowed in order to avoid a number of problems:

1) Outright disobedience to God (1 Thes 4:1-3);

2) Causing division;

3) More divorce (covenant breaking); causing those down because of divorce to be further traumatized; and

4) Placing on the divorced a burden hard to bear, which usually result in their rejecting or turning from Christ.

Some say adultery is committed by having sex in a second marriage. Some argue that a man cannot commit adultery with his spouse. Others argue that a man commits adultery "against her" (his wife—Mark 10:11) if he "puts her away" and marries another. Some say this makes perfect sense because if that was all he did he would still be married to her.

Some say "put away" means legal/scriptural divorce. Others say it is possible to be “put away” but NOT legally/scripturally divorced, which, if true, proves that “put away” is not the same as divorce.

Some say divorce is sinful and those divorced cannot marry without committing adultery. Others contend that divorce ends a marriage and that all "unmarried" (1 Cor 7:2; 8, 9) persons have a right to a spouse.  

Some are arguing that the proper hermeneutic involved in the issues is to consider the audience, the immediate circumstances (including the practices of those asking the questions of Jesus), the law under which the teachings of Jesus were given and the consequences of any given position. Others seem to be content with their proof texts while ignoring sound hermeneutics.

Some say we must know some Greek to fully understand MDR. Others are confident we can get the facts if they look to the most trusted, accurate, and reliable translations.

Some argue that the Gospels, which record Jesus' teachings to the Jews on MDR, are part of the Old Testament; whereas others say the Gospels are New Testament law. And yet others say it doesn’t matter, that God’s law pertaining to divorce has not changed, and that in Jesus’ teaching we must consider who is addressed and what the circumstances were.

Some argue that the New Testament epistles containing instructions to Christians (which include sex, marriage, divorce and remarriage) should be the first place to start in building a foundation for knowledge. Yet others look first to teachings of Jesus to the Jews and then seek to harmonize the teachings in the epistles (written to Christians) with their understanding of the teachings of Jesus to Jews regarding an issue that was mostly unique to them. Strangely enough, the latter are willing to accept the fact that Jesus could not and did not transgress the Law but refuse to apply this fact in the case of MDR, which would destroy their idea that a divorced person commits adultery if he remarries. Divorced women (and the men who divorced them) were allowed to marry under the Law (Deut 24:1-4).

Some contend that Jesus was teaching "new law," which was not applicable to the Jews but would become effective at Jesus' death. Others argue that what he taught must have been applicable to those to whom he spoke at the time—else he did not tell them the truth.

Some contend that one can "put away" for any cause; others contend that "put away" comes from a word that does not mean divorce and that "putting away" without giving the "bill of divorcement" is what God hates (Mal 2:16). Some actually encourage divorce and a race to the courthouse by insisting that one may divorce his spouse only if he/she divorces for adultery.

Some contend that the meaning of adultery is to be determined by lexicons written by men; others contend that meanings of words are best determined by how they are used in context.

Some contend that adultery is committed when one divorces his/her spouse, marries and has sex. Others contend that adultery is committed when one "puts away" his spouse and marries another (as the text says) because "putting away" is not a complete legal divorce, which means the marriage still legally/scripturally exists.

Some say “adultery” in certain passages is metaphoric or spiritual and reject these passages as being helpful in defining adultery. Some say adultery is adultery regardless.

All that many can see in the definition of “adultery” is “sexual intercourse,” which is only an act that is committed with someone outside the marriage. Others affirm that the real sin is much more than the sexual act itself; it is the betrayal, disloyalty, and treachery, which so often result in heartache, splitting of families and, during the time of Jesus, women’s being left destitute to care for themselves.

Some accuse brethren of teaching that “Anyone may marry anyone”. What member of the Lord’s church believes that? The real issue is, may an unmarried man or woman (which includes one divorced) marry another person of the opposite sex who is also unmarried and not close kin? 

Arguments:

Some argue that only God can unite a couple and only God can end a marriage. Others argue that a marriage is a covenant between a man and woman, with God as witness. They use Malachi 2:14 to show that the covenant is between the man and the woman and God witnesses it. Some argue that it is indeed true that only God can divorce, but man can accomplish it by following God's command for how it is to be done (Deut 24:1-4).

Some contend that when God said, “Let not man put asunder” he meant that it was not possible for man to so do; whereas others contend that “let not” does not mean cannot.

Some contend that when men under the Law were putting away their wives and Moses commanded them to give them a “bill of divorcement” (Deut 24:1-4) it was for no practical reason. Others contend that, although Moses was not sanctioning divorce, the paper was for the benefit of the woman so she “may go be another man’s wife.”

Some argue that Jesus could not have gone against Moses’ Law, because the Jews viewed him as a man and would have charged him with sin. Others insist Jesus, because he was God, could and did change the law, yet they have no plausible explanation as to why the Jews did not charge him with sin in allegedly contradicting Moses, which would have been a sinful act worthy of death.

Some contend that when one is unjustly divorced the divorced one may then mentally put his/her spouse away “for fornication” and be free to marry. Others maintain that the original divorce must be initiated by the innocent spouse “for fornication” if there is to be “eligibility” for marriage. Yet others maintain that “unmarried” persons have a right, given from God, to marry (Gen 2:18; 1 Cor. 7:8, 9; 27, 28).

Some say the only ones who are qualified or eligible for marriage are:

1) “Those never married”;

2) “Those who have divorced their spouse for fornication”; and

3) “Those whose spouse has died.”

These words are often uttered or written as if the words themselves are authority from God and settle the matter.

Others maintain that the qualifications for marriage are clearly set forth by an inspired apostle: 1) the male must be a “man”; the female must be old enough or have reached “the flower of her age”; and 2) to be a candidate for marriage one must be “unmarried” (1 Cor 7:8, 9), which of course includes the never married, the divorced, and the widowed.

Some contend that the divorced are still married. Others contend that such is contrary to the Law, the New Testament, reason and Scripture; and further contend that if one is “still married” to a previous spouse when he marries another, then those who would disallow it should first prove their assertion and then charge them with bigamy.

Some contend that the divorced and remarried are not truly married “in God’s eyes.” Others contend they are truly married, in the second marriage, but commit adultery (when they have sex) just because “Jesus said so.” Others accept that a couple is truly married when they have covenanted with each other according to the applicable law of the land in which they abide.

Some encourage the breakup of marriages (where one has been divorced) and demand that one or both live a celibate life. Others baptize all believers, including those who have been divorced, show them both sides of the arguments on MDR and let them decide what to do.

Some feel obligated and duty bound by scripture to refuse to baptize one who is married, but who has been divorced, unless he shows “repentance” by agreeing to break up the marriage and live celibate. Others consider such to be tantamount to "forbidding to marry," which is described by Paul as "doctrines of devils" (1 Tim 4:1-3), and they point to 1 Corinthians 7:2, 8, 9 as authorization for having a spouse.

Some contend that it is unjust, unreasonable and unscriptural to punish people with celibacy for the sins of another, such as when one has been a faithful spouse but was divorced by an unfaithful spouse. Others contend that Jesus taught celibacy in Matthew 5:32 and that such is God’s will. They argue that “the way of the transgressor is hard” but fail to show how an innocent one who was divorced by his/her spouse has transgressed or how punishing an innocent one does any good. Neither can they show how punishing the innocent fits in with God’s grace and justice.

Some contend that Jesus taught “celibacy” in his statement to those who said (in view of what He had taught), “If the case of the man be so with his wife, it is not good to marry.” Others contend that the disciples were agreeing that one should not marry someone if it would result in fornication, such as in the examples of incest in the New Testament (1 Cor 5:1). Jesus answered saying, someone who had become a eunuch, for whatever reason, could “receive it”, but not all men, “save they to whom it is given.” Those who found themselves in an illegal or incestuous marriage could receive it, for it was given to them.

Some contend that Paul taught celibacy in 1 Corinthians 7:10, 11. Others contend that the case Paul discussed was to be considered in a situation where a divorce had not yet occurred, and in view of “the present distress” (1 Cor. 7:26-28).

Some contend that Romans 7:1-4 teaches that one who is divorced may not marry another as long as the divorcing spouse lives. Others contend that the passage was never intended to be an MDR text.

All would, or should, agree that God’s laws contain no loopholes. Yet, those who would tell a divorced person that he may not marry as long as the spouse to whom he is still “bound” lives, realize and admit that the divorced spouse could murder their previous spouse and scripturally remarry. Some have pointed out that one could kill the spouse that divorced him and thereby be free to marry, and that this admitted fact proves the divorced may marry, unless God’s law does indeed contain a loophole. The final argument is that since God’s law provides no loopholes it becomes obvious that a major principle or belief among Christians is based upon an invalid premise, which violates sound hermeneutics.

Some argue that no command or example in the entire Bible forbids an unmarried person from marrying. Others just argue that we don’t have to have an example. “Just believe what Jesus said,” they say.

Some assert that the teachings of Jesus are “plain and emphatic.” Others remind them that the same argument is made by advocates of “faith only” pertaining to their proof texts and emphasize the need to observe proper hermeneutics, which require that one consider all that is said on the matter of salvation and then draw a conclusion that is logical.

Some contend that when a man divorces his wife “for fornication” and marries another that the divorced one is still “bound” and is not eligible for marriage. Others wonder how one person in a marriage can be free (after a legal divorce) from the covenant and not the other. It is a conundrum.

The phrase “Let them marry” is found twice in the New Testament (1 Cor 7:8, 9, 36). Some contend that the passages are talking about only those who are “eligible” to marry, and state that divorce makes them ineligible. Others contend that the context indicates that the “unmarried” and “any man” (to include the divorced) have a right to marry.  

Some assert that some men have no right to a marriage. Others point out that “any man” (according to Paul) may have a marriage without sin (“he sinneth not”) and any who would object must “let them marry” (1 Cor 7:36).

Conclusion

It is a real challenge for one to restudy divorce and remarriage like it was for the first time, free of preconceived ideas. Yet a person must, and with an intense determination to learn the truth. But before that will happen he must have resolved in his mind that he is going to find the truth and will teach it and practice it regardless of whether others like it or not.