DISPUTED DOCTRINES -- Chapter Eleven

DOCTRINE OF MARRIAGE AND DIVORCE

On the subject of marriage itself there is unanimity of teaching in our Lutheran Church, but on the subject of divorce great diversity of opinion prevails. Some hold that there are a number of causes justifying divorce. Others hold that there is but one cause, while perhaps the greatest number hold that there are two Biblical causes for divorce.

Marriage is a divine institution bestowed upon man for his benefit during his life in this present world. It is based on the order of Creation. This is brought out most emphatically by the Lord Jesus Christ in St. Mark 10: 6-8: "But from the beginning of the creation God made them male and female. For this cause shall a man leave his father and mother, and cleave to his wife; and they twain shall be one flesh: so then they are no more twain, but one flesh."

Marriage may be defined, accordingly, as the indissoluble union of one man and one woman, according to the divine institution entered into by the mutual consent of both, for the begetting of offspring and for mutual assistance in life.

To preserve this sacred institution the Lord adds to the word quoted above a special injunction: "What therefore God hath joined together, let not man put asunder." (St. Mark 10: 9). Owing, however, to human sinfulness, the marriage covenant is not always observed. The Lord knows this and in discussing this subject mentions a cause which justifies divorce. His words are: "It is said also, Whosoever shall put away his wife, let him give her a writing of divorcement; but I say unto you, that everyone that putteth away his wife, saving for the cause of fornication, maketh her an adulteress; and whosoever shall marry her when she is put away committeth adultery." (St. Matt. 5:31-32). And again: "But I say unto you, Whosoever shall put away his wife, except for fornication, and shall marry another, committeth adultery: and he that marrieth her when she is put away committeth adultery." (Matt. 19: 9).

These words are perfectly clear and render it absolutely certain that the Lord allows only one cause for divorce, viz., fornication or adultery. Efforts have been made to overcome this obvious meaning by the assertion that the Lord is not here enacting legislation, but is merely laying down a principle. But no principle is rightly interpreted by denying its express statement; and the question is not, whether the Lord's words are "principle," or "legislation"; but whether His words are true, or false.

The argument of those who maintain two causes for divorce does not rest on the words of Christ, but on their interpretation of the words of St. Paul found in the seventh chapter of 1 Corinthians. Although St. Paul there uses a different word from that used by the Saviour, they hold that the word used by Paul also means absolute divorce.

In reply to this it may be unqualifiedly asserted: Any exegesis that brings Paul into conflict with Christ is manifestly wrong. And a conflict cannot be explained away, if Paul is made to say that there are two causes for divorce, when Christ says there is only one. But letting this pass, Paul shows conclusively that in using the word lie does, he is not speaking of divorce at all, but only of separation and desertion. This is apparent from the fact that he applies this word not only to the husband in relation to his wife, but also to the wife in relation to her husband. Such a thing as a wife's divorcing her husband was unknown in those days. The translators of the Revised Version accordingly render the word "leave," and not "divorce" in each case where it occurs. Besides, it should be noted that St. Paul concludes his whole discussion of this subject with these words: "A wife is bound for so long a time as her husband liveth; but if her husband be dead, she is free to be married to whom she will; only in the Lord." (1 Cor. 7:39). And that this is St. Paul's consistent teaching on the subject is shown by his words in another Epistle: "For the woman that hath a husband is bound by the law to her husband while he liveth; but if the husband die, she is discharged from the law of the husband. So then if while the husband liveth, she be joined to another man, she shall be called an adulteress: but if the husband die, she is free from the law, so that she is no adulteress, though she be joined to another man." (Rom. 7:2-3). Zahn in his N. T. Commentary holds that St. Paul in this whole passage is not speaking of divorce at all, but only of separation and desertion.

Another argument advanced by those who hold to a twofold basis for divorce is the statement of Paul in v. 15 of this chapter: "The brother or the sister is not bound in such cases." This is misinterpreted as applying to the marriage relation. But Paul certainly does not intend to characterize marriage, a holy institution of God for man's benefit and blessing, as a bondage or slavery. He is simply offering comfort to the tender conscience of the deserted brother or sister, who might easily have scruples with reference to his or her obligations to the deserting spouse. The case for "malicious desertion" as a cause for divorce finds no support in the Scriptures.

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