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“It's Just Divorce” Reformed Theological Seminary A JUST DIVORCE: Divorce That is Right and Just and Fair An Integrative Thesis Submitted to Dr. Howard Griffith In Partial Fulfillment of the Requirements for the Degree of Master of Arts By John S. Weaver Mount Airy, Maryland May 2007 A JUST DIVORCE: Divorce That is Right and Just and Fair Copyright ©May 2007 by John S. Weaver All rights reserved ii Table of Contents Page Content v Abstract vi Abbreviations 1 Chapter One: INTRODUCTION: SANCTITY OF MARRIAGE 1 It’s Just Another Divorce 1 The Covenantal Character of Marriage 11 Chapter Two: ANCIENT PROLOGUE TO NEW TESTAMENT TEACHING: BIBLICAL AND CULTURAL BACKGROUND 11 Introduction 12 Old Testament Background 16 Ancient Near East 16 Sumerian Law – Ur-Nammu Law Code and Laws of Lipit-Ishtar (Twenty-first and Nineteenth Century BCE) 17 Old Babylanian: Laws of Eshnunna and Code of Hammurabi (Nineteenth and Eighteenth Century BCE) 19 Hittite Laws: Old Hittite Kingdom (Seventeenth to Sixteenth Century BCE) 21 Middle Assyrian Laws: Tilgath-Pilser (Eleventh Century BCE) 23 Neo-Babylonian Laws (Seventh Century BCE) 23 Elephantine (Upper Egypt) (Fifth Century BCE) 27 Distinctions Between Mesopotamian and Israel Law 28 Mishnah 30 Roman and Greek Marriage 34 Chapter Three: DIVORCE: IS IT PERMISSIBLE? 34 Jesus and the Rabbinical Debate: Rabbis Hillel and Shammai 36 The Synoptic Gospels 42 Paul’s Authoritative Teaching 47 Chapter Four: IS REMARRIAGE ALLOWED? 48 Writings from the Early Church 48 The Shepherd of Hermas 49 Justin Martyr 51 Athenagoras 52 Tertullian 54 Clement of Alexandria 54 Origen 55 Jerome 55 Chrysostom iii Page Content 56 Augustine 58 Roman Catholic: Sacrament of Marriage 59 The Reformation: John Calvin’s Geneva 65 The Puritans 66 Conclusion 67 Chapter Five: A JUST DIVORCE PROPOSAL 67 Introduction: A Just War Analogy 69 1. Just Cause 71 2. Just Intention 72 3. Last Resort 73 4. Formal Declaration 81 5. Limited Objectives 82 6. Proportionate Means 84 7. Noncombatant Immunity 86 Conclusion 88 NOTES 114 BIBLIOGRAPHY iv Abstract: A Just Divorce Although the world may view a marital breakup as “just another divorce,” Christians must seek to protect and preserve the sanctity, unity, and purity of the marriage covenant as originally intended by God, and to understand rightly any biblical justification for divorce (and remarriage) and the justness of a divorce. The biblical and ancient cultural background to the New Testament teaching of Jesus and Paul on divorce and remarriage are examined, as well as the writings of the early church, the Roman Catholic sacramental view of marriage, and a Protestant Reformation view represented by John Calvin and Calvin’s Geneva. There are valid biblical grounds for divorce and also for remarriage, but divorce may not always be just even though permissible. By analogy to generally understood principles of “just war,” i.e. just cause, just intention, last resort, formal declaration, limited objectives, proportionate means, and noncombatant immunity, the church is challenged to use wisdom in applying these considerations to determine not only whether a divorce may be biblically permissible, but also to assure that any divorce is not only justifiable, but also a just divorce in its inception, prosecution, and result. Because divorce is not purely a spiritual matter but is, as Calvin wrote, “mixed up with civil law,” a just divorce involves a concerted and cooperative effort by both the church and civil government. Christians must “develop a balanced, biblical attitude toward divorce – on the one hand, hating all those things that God hates about divorce, while recognizing that in this sinful world there are those situations in which (as God Himself demonstrated) it may be necessary to obtain a divorce.” 1 The church is called to compassion and love toward families that are struggling with applying biblical principles to a ruptured marriage and the consequences of divorce. 1 Jay E. Adams, Marriage, Divorce, and Remarriage in the Bible: A Fresh Look at What Scripture Teaches (Grand Rapids: Zondervan, 1980), 24. v Abbreviations BIBLE BOOKS Old Testament Gen Genesis Song Song of Songs/Solomon Exod Exodus Isa Isaiah Lev Leviticus Jer Jeremiah Num Numbers Lam Lamentations Deut Deuteronomy Ezek Ezekiel Josh Joshua Dan Daniel Judg Judges Hos Hosea Ruth Ruth Joel Joel 1-2 Sam 1-2 Samuel Amos Amos 1-2 Kgs 1-2 Kings Obad Obadiah 1-2 Chr 1-2 Chronicles Jonah Jonah Ezra Ezra Mic Micah Neh Nehemiah Nah Nahum Esth Esther Hab Habakkuk Job Job Zeph Zephaniah Ps/Pss Psalms Hag Haggai Prov Proverbs Zech Zechariah Eccl Ecclesiastes Mal Malachi New Testament Matt Matthew 1-2 Thes 1-2 Thessalonians Mark Mark 1-2 Tim 1-2 Timothy Luke Luke Titus Titus John John Phlm Philemon Acts Acts Heb Hebrews Rom Romans Jas James 1-2 Cor 1-2 Corinthians 1-2 Pet 1-2 Peter Gal Galatians 1-2-3 John 1-2-3 John Eph Ephesians Jude Jude Phil Philippians Rev Revelation Col Colossians BIBLE TRANSLATIONS ESV English Standard Version NASB New American Standard Bible NIV New International Version NLT New Living Translation NRSV New Revised Standard Version RSV Revised Standard Version vi SOURCES ANET Ancient Near Eastern Texts Relating to the Old Testament. Edited by J. B. Pritchard. 3d ed. Princeton, 1969 ANF Ante-Nicene Fathers BECNT Baker Exegetical Commentary on the New Testament COS The Context of Scripture. Edited by W. W. Hallo. 3 vols. Leiden, 2003 EBC Expositor’s Bible Commentary Institutes John Calvin, The Institutes of the Christian Religion. Edited by John T. McNeill. Translated by Ford Lewis Battles. 2 vols. Library of Christian Classics. Philadelphia, 1960 JETS Journal of the Evangelical Theological Society NAC New American Commentary NICNT New International Commentary on the New Testament NICOT New International Commentary on the Old Testament NIGTC New International Greek Testament Commentary NPNF1 Nicene and Post-Nicene Fathers, Series 1 NPNF2 Nicene and Post-Nicene Fathers, Series 2 OTL Old Testament Library SBJT The Southern Baptist Journal of Theology TNTC Tyndale New Testament Commentaries TOTC Tyndale Old Testament Commentaries TrinJ Trinity Journal WCF Westminster Confession of Faith WTJ Westminster Theological Journal vii Chapter One: INTRODUCTION: SANCTITY OF MARRIAGE It’s Just Another Divorce Divorce is so prevalent in society generally, and reflected similarly among evangelical Christians,1 that its occurrence seems rather commonplace. It is an accepted cultural and ecclesiastical norm, and couples reaching milestone anniversaries such as a “Golden” 50th, “Silver” 25th, or even a 10th are rather exceptional, if not extraordinary. A common sentiment is expressed in a casual remark such as “What’s the big deal, it’s just a divorce,” as if it is a mere rite of passage that we all go through at some point in our lives. Although popular attitude may be that it is “just another divorce” what, biblically speaking, is a “just” divorce? What is its justness or justification in terms of permissible biblical grounds, if any, and what biblical notions of justice should we consider in order to attempt to make the process and aftermath of any divorce just, right and fair? The Covenantal Character of Marriage From the beginning God instituted and sanctified marriage as a covenant relationship between a man and woman. Andreas Kostenberger refers to marriage as “a creation ordinance with covenantal features.” 2 It was not good that man should be alone, so God fashioned woman as man’s complementary companion and co-vice-regent to accomplish the cultural mandate to fill, subdue, and have dominion over the earth (Gen 1:26-28; Gen 2:18- 24).3 Both man and woman were created in God’s image (Gen 1:27), and the marriage relationship between a husband and wife images the sacrificial, loving relationship between Christ and the church with an intimate “one flesh” union that both prefigures, imitates, and exemplifies Christ’s uniting the church to himself (Gen 2:24; Eph 5:22-33; Rev 19:6-9; cf. 1 1 Pet 3:1-7).4 The covenantal marriage relationship becomes that of utmost priority, obligation, loyalty, and commitment between spouses as they leave their parents and hold fast to each other in the united and monogamous establishment and ordering of their new primary family unit (Gen 2:24),5 including bearing and raising children in the fear and instruction of the Lord (Gen 1:28; Deut 6:1-9). Significant biblical support for viewing marriage as a covenant is found in Mal 2:14, which refers to marriage as a “covenant,” and alludes to Adam and Eve’s “paradigmatic marriage” relationship (Gen 2:24).6 Malachi 2:14 says a reason God found Judah’s worship unacceptable is because God “was witness between you and the wife of your youth, to whom you have been faithless, though she is your companion and your wife by covenant.” Malachi 2:15 emphasizes that it was God who makes a husband and wife “one, with a portion of the Spirit in their union” seeking “Godly offspring,” and God’s people are called to guard their spirit, and not be faithless to their spouse (Mal 2:15, 16). Gordon Hugenberger suggests that although Genesis 2-3 does not use the word “covenant” regarding Adam and Eve’s marriage relationship, a covenant “identification is suggested by the original purpose of marriage, which parallels that of covenant, namely, to create a unity between unrelated persons”; that the husband’s obligation to “leave” and “cleave” are “frequently associated with covenant contexts”; and “Adam’s use of the relationship formula, ‘This at last is bone of my bones and flesh of my flesh’ (Gen 2:23)
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