"They received the Word with all readiness of mind and searched the Scriptures daily, whether those things were so.  Therefore many believed."--Acts 17:11

The Berean Christadelphians

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Divorce and the Mosaic Law

Jesus came to fulfill the Mosaic law, and in nailing it to the cross (Col. 2:13) he removed it as an ordinance that his servants must keep. It is necessary for us that this was the case, particularly in matters of adultery. The Mosaic Law required stoning of those taken in adultery (Deut. 22:22.) One could hardly imagine the difficulty of living the truth in any society since the destruction of Israel by Rome in 70 AD, if we were still required by God’s law to stone adulterers.

The true purpose of the Mosaic Law, we learn from the apostle Paul, was to be used as an ensample to us to show us the mind of God. The principles of the Law taught us divine lessons. It was a schoolmaster, as Paul wrote:

Gal. 3:24 "Wherefore the law was our schoolmaster to bring us unto Christ, that we might be justified by faith."

The things that are recorded in the Scriptures are recorded there for us as Paul explained:

1 Cor. 9:8-10 "Say I these things as a man? or saith not the law the same also? For it is written in the law of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out the corn. Doth God take care for oxen? Or saith he it altogether for our sakes? For our sakes, no doubt, this is written: that he that ploweth should plow in hope; and that he that thresheth in hope should be partaker of his hope."

It is an inescapable conclusion that the Mosaic Law taught and encouraged fidelity in marriage. Beyond the capital punishments for those taken in adultery, we also learn that "The Lord hateth putting away" (Mal. 2:16). And Jesus, showing the mind of God from the beginning stated specifically:

Matt. 19:4-6 "And he answered and said unto them, Have ye not read, that he which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder."

But it is also inescapable that the Mosaic Law allowed, and at times even required divorce. Let us consider four different situations where divorce was permitted.

Deut. 24:1-4 "When 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. And when she is departed out of his house, she may go and be another man's wife. And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, which took her to be his wife; Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the LORD: and thou shalt not cause the land to sin, which the LORD thy God giveth thee for an inheritance."

In this case, a man has taken a woman to wife and has found some uncleanness in her. Exactly what the uncleanness is, is not defined. It was therefore intended to be very general. Some conclude, based upon clauses in the Law, that this uncleanness would not include adultery. After all, the law required death for adultery. Yet we know that this was not always the case.

The account we are given of Joseph, step father to our Lord indicates a different situation. When Joseph found Mary to be with child, we have this report of his actions.

Matt. 1:18-19 "Now the birth of Jesus Christ was on this wise: When as his mother Mary was espoused to Joseph, before they came together, she was found with child of the Holy Spirit. Then Joseph her husband, being a just man, and not willing to make her a publick example, was minded to put her away privily."

In spite of the suspected adultery, Joseph did not feel under any obligation to bring Mary forth to public humiliation and possible stoning. And the Holy Spirit, due to Joseph’s actions, calls him a "just man." How could this be? If the law required the stoning of those taken in adultery, how could one be considered just, who wouldn’t carry out God’s law? Further, if Joseph was minded to put her away (divorce her;) what was the cause? Could there be any other cause than Deut. 24:1-4? There certainly wasn’t be any other provision under the Mosaic law for Joseph’s action in divorcing his betrothed.

So the "uncleanness" of Deut. 24:1-4 would certainly have included adultery, though it was also certainly not limited to that.  Jesus called Deut. 24:1-4 a "hard hearted provision" which his law was not, and his law did restrict divorce to adultery.  But the main point is that the Mosaic Law permitted divorce.  And the man who gave his wife a "bill of divorcement" because of "some uncleanness" was not separated from the encampment of Israel. 

Exo. 21:2-4: "If thou buy an Hebrew servant, six years he shall serve: and in the seventh he shall go out free for nothing. If he came in by himself, he shall go out by himself: if he were married, then his wife shall go out with him. If his master have given him a wife, and she have born him sons or daughters; the wife and her children shall be her master's, and he shall go out by himself."

In this case, a Hebrew slave (sold for debt, Lev. 25:39; or theft, Exod. 22:3) is given a wife by his owner. He 'takes her into his house' in the full sense of the words, he has children by her, she is his wife for a period of up to 6 years. Then, when the time of his service is ended, if he chooses to be free, he must leave behind both the wife and the children.  This clearly is divorce in the full sense of the word: the complete severance of a legitimate, consummated marriage of years duration, required by the Law, if the man wants his freedom.

Exo. 21:7-11 "And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do. If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her. And if he have betrothed her unto his son, he shall deal with her after the manner of daughters. If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish. And if he do not these three unto her, then shall she go out free without money.

In this case, a Hebrew girl is sold as a slave-wife (obviously because of poverty in the family). We may wonder that such practices were permitted, but we are repeatedly impressed that God deals with man with very practical reality in the present sad and woefully imperfect vale of tears, though the beautiful and perfect ideal is always present in the waiting background.

If the husband subsequently takes another wife (v.10), he must continue to treat the previous one equally well, or he must let her 'go free.' Here again, a clear case of divorce: the termination of an established marriage relationship - enforced upon the man if he will not fulfil his obligation.

Deut. 21:10-14 "When thou goest forth to war against thine enemies, and the LORD thy God hath delivered them into thine hands, and thou hast taken them captive, And seest among the captives a beautiful woman, and hast a desire unto her, that thou wouldest have her to thy wife; Then thou shalt bring her home to thine house, and she shall shave her head, and pare her nails; And she shall put the raiment of her captivity from off her, and shall remain in thine house, and bewail her father and her mother a full month: and after that thou shalt go in unto her, and be her husband, and she shall be thy wife. And it shall be, if thou have no delight in her, then thou shalt let her go whither she will; but thou shalt not sell her at all for money, thou shalt not make merchandise of her, because thou hast humbled her."

In this case, the woman captive is taken in war. She is permitted a month to mourn v.13: "After that thou shalt go in unto her, and be her husband, and she shall be thy wife." Note the consummation in v.14: "And it shall be, if thou find no delight in her, then thou shalt let her go whither she will. Thou shalt not sell her, because thou hast humbled her."

Here again is divorce. Both v.13 (go in unto her) & v.14 (hast humbled her) show that the marriage has been consummated, but the divorce was permitted under the Moses Law.

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It is stated that these examples from the Law are not instances where God commanded divorce, but where He merely acknowledged its existence and made provisions for it. Various translations are put forward to take the sharpness out of the words as written in the King James version, making it appear that God merely recognized the existence of divorce and regulated it; rather than incorporated it into His law, as the King James Version clearly shows it was.

But we are not dependant on English translations. Regardless of translation, the most important conclusion and that which cannot be denied, is that the Mosaic Law did acknowledge and deal with the subject of divorce, and at times even require it..  And divorced and remarried individuals, (when done in accordance with the Law of Moses,) were permitted in the fellowship of the Nation of Israel.

God could have forbidden whatever He wished to forbid, and allowed that which He wished to allow. That God permitted divorce, and the remarriage of her that was divorced in accordance with the provisions of the Mosaic Law (our ensample,) shows God’s mind in the matter. God did regulate it. He discouraged it. He hated it. But He did not regard divorce as a barrier to fellowship within His nation of Israel. And lest we try to make ourselves more holy than God, we shouldn’t either.

It is true that God hates putting away. But He hates certain abominations which can occur through wickedness in marriage, more! This is not a unique characteristic of God, related simply to marriage. God takes no pleasure in the death of the wicked, (Ezk. 33:11) but that doesn’t mean that the wicked will not be destroyed.

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