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When, if ever, is divorce permitted? Is re-marriage permitted
after divorce? Traditionally, the Roman Catholic Church has
maintained that marriage is a sacrament and thus indissoluble. Death
alone can dissolve a marriage and permit remarriage. In recent
years, this position has been forcibly argued by Gordon Wenham and
William Heth (Jesus and Divorce, 1997) and Andrew Cornes (Divorce
and Remarriage, 1993; Questions about Divorce and Remarriage, 1998).
They have rejected the protestant and reformed view that (broadly)
allows divorce after sexual infidelity or desertion, and remarriage
at least for the 'innocent' party (if not for both). The Wenham /
Heth / Cornes view has gained ground in recent years, especially in
some Anglican circles. It places all those who have remarried after
divorce in an adulterous relationship and therefore the pastoral
implications are huge.
Dr Instone-Brewer performs a scrupulously researched,
scintillating and persuasive demolition job on this traditional and
sacramental view. His starting point is a study of the contractual
obligations that were fundamental to Jewish marriage. It was basic
to the marriage contract that a husband should provide his wife with
food, clothing and love (i.e. marital rights). For her part the wife
was expected to prepare meals, make clothing, and fulfil marital
rights. It was universally understood that failure of either partner
to fulfil these bask obligations constituted a legitimate ground for
divorce (and thus remarriage). Later on the rabbis might argue
endlessly about other grounds for divorce, but these three were
never in dispute. Even a slave wife had a right to food, clothing
and conjugal love; and if her husband took another wife and failed
to deliver in these three areas, she could 'go free without any
payment of money (Exod. 21:9-10). Instone-Brewer demonstrates
convincingly that this meant that she was free to divorce and
remarry.
When we come to the NT, Instone-Brewer constructs a convincing
case to show that both Jesus and Paul were familiar with, and would
have accepted, the basic OT grounds for divorce. Both sides in the
Pharisaic controversy acknowledged that marriage partners were free
to divorce if the basics of food, clothing and marital love were
denied. Controversy only arose over a fourth, disputed, ground for
divorce: that cited in Deuteronomy 24:1 (often translated 'something
unclean'). Did this refer to sexual infidelity alone? Or did it have
wider reference? Here lay the fierce dispute in Jesus' day, and this
was the point brought to him in an effort to catch him out in
Matthew 19 and Mark 10. His questioners would not have asked him
about divorce on the grounds cited in Exodus 21:9-10, as all alike
took these for granted. Similarly, when we look at 1 Corinthians 7,
it is inconceivable that Paul, with all his training as a Pharisee,
was unaware of the assumption that there were three universally
accepted grounds for divorce, and only one disputed ground.
Instone-Brewer concludes that while Jesus and Paul condemned
divorce without valid grounds, and while they discouraged divorce
even when there were valid grounds, they both accepted the OT
teaching that divorce was allowed for adultery, neglect or abuse.
Both Jesus and Paul condemned remarriage after an invalid divorce,
but allowed it after a valid divorce The biblical teaching was left
behind when the early church lost sight of the Jewish background to
NT teaching, and imposed a rigorously ascetic ethic (which, for
instance, sometimes went as far as to condemn remarriage after the
death of a spouse). When the Roman Catholic Church developed a
'sacramental' (i.e. indissoluble) interpretation of marriage, the
biblical teaching that God permitted divorce as a provision for
living in a fallen sinful world was lost, instead, there was the
absurdity of having to search for reasons to 'annul' marriages (i.e.
pretend they had never taken place).
This book is essential reading for anyone concerned to develop a
biblical understanding of divorce and remarriage. The author
presents the fruits of many years of research in a clear, gripping
and enjoyable way. The major problem with his case is that it is
difficult to present it on the basis of Scripture alone, without a
thorough background knowledge of Jewish literature. Another recent
and scholarly book on the subject, which comes to a similar
conclusion but along a different route, does take issue with some of
Instone-Brewer's arguments (Clark, Putting Asunder, 1999 pp.,
205-209). Overall, however, Instone-Brewer's thesis is convincing,
and will need a substantial response from those who deny any
biblical grounds for divorce and remarriage. At present, unless
convincingly refuted, it stands as a strong challenge to the very
hard line attitude towards divorce and remarriage that is
increasingly influential in some conservative evangelical circles.
Sharon James, Leamington Spa
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