Gods Original Law on Marriage (Deuteronomy 24 1-5)

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Welcome:

Marriage is a profound covenant, and understanding the biblical principles surrounding it can help us navigate the challenges of contemporary relationships with wisdom and grace. Whether you are married, single, divorced, or remarried, the spiritual truths we uncover today will have meaningful applications for you.

Study Notes

Key Points:

• Introduction to the Topic
  • The controversial nature of marriage and divorce in biblical teaching.
  • The relevance of Old Testament teachings for contemporary life.
• Reading the Passage (Deuteronomy 24:1-5)
  • Verses 1-4 describe conditions under which a man may divorce his wife and the restrictions on remarrying her.
  • Verse 5 provides an instruction for newlyweds to prioritize their marriage over other duties for one year.
• Understanding the Controversial Passage
  • The term "indecency" (Hebrew: "ervat davar") is ambiguous and open to interpretation.
  • Various interpretations of "indecency" include fornication, minor displeasures, infertility, and more.
• Prohibition of Remarriage
  • Four possible explanations for the prohibition against remarrying a former spouse:
    • The change in the woman's status.
    • Cultural views on relationships and incest.
    • The fundamental change in the relationship post-divorce.
    • Moral or spiritual reasons outlined by the Lord.
• New Testament Clarifications
  • Jesus' teachings on divorce in Matthew 19, affirming marriage's permanence but acknowledging human sinfulness.
  • Grounds for divorce: sexual immorality ("porneia") and desertion by an unbelieving spouse (1 Corinthians 7:12-15).
• Closing Thoughts on Divorce and Remarriage
  • The Biblical grounds for divorce and remarriage.
  • Practical advice for newlyweds to strengthen their marital bond.
  • The broader spiritual principle of God's love and grace, as illustrated by His relationship with Israel.

Conclusion:

In conclusion, while the topic of divorce and remarriage is complex and often painful, it is essential to remember that God's love and grace extend to all situations. The principles found in Deuteronomy and reinforced by Jesus' teachings guide us toward a deeper understanding of the sacredness of marriage and the boundless grace available to us all.

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• 13:55 (Cont.) Gods Original Law on Marriage (Deuteronomy 24 1-5)

Transcript

The Original Mosaic Laws on Marriage  (Deuteronomy 24:1-5)

Full Transcript:

Somebody of you listening to this have no doubt gone through it. My wife experienced it when she was 12 years old, when her parents divorced. 

Now, this has become a tough subject biblically. In fact, if you look into the scripture to see what it has to say, and what people say about it, you will discover that it is a very controversial subject among Bible teachers and theologians. 

Some people would rightly say that this is by far the most confusing issues in the bible and this passage on this subject is in the first 5 verses of Deuteronomy 24for some just make thing more complicated, confusing, and needless to say, thereby, very controversial.

Now, if you've been with me on this journey, you might be wondering what this subject and many others we have looked at so far has to do with us. In fact some friend have asked me where I am up to in this podcats and when I tell them we have being going through Deuteronomy they asked me, What are we supposed to do with all this stuff in the Old Testament? Does any of it syill apply to me?" 

I reply, "Paul said it all the Old Testament was written for our learning." 

I often use this illustration: 

The Old Testament was obviously written to the Jews, and there's a sense in which it does not apply to us directly. However, it brings up the subject of marriage and divorce, and within this teaching there are clear spiritual principles that applies to us, still today whether you're married or not. Some of which I think are rather profound.

So that what we are going to look at today…..

The Controversial Passage.

With that introduction, let's look at Deuteronomy 24. I am going to begin reading from verse one. You have probably heard this passage before; it's rather well known. But let's look at it again:

1 If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house, 2 and if after she leaves his house she becomes the wife of another man, 3 and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies, 4 then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. That would be detestable in the eyes of the Lord. Do not bring sin upon the land the Lord your God is giving you as an inheritance. 5 If a man has recently married, he must not be sent to war or have any other duty laid on him. For one year he is to be free to stay at home and bring happiness to the wife he has married.

(Deuteronomy 24: 1-5)

Okay, as I suggested that this is a confusing passage. The first four verses, as far as I am concerned, are some of the most confusing verses in the Bible, and I have spent years of my life looking at the verses in the Bible and the issue of divorce and marriage mainly from the teaching of Christ in Matthew, but at the same time you cannot ignore this passage.

I'm here to tell you, that's if this passage in itself wasn’t confusing enough Moses at the end gives this strange add on that says, "Oh, by the way, if you get married, mustn't go to war, and you don't do any business for a year." Where did that come from? 

We were talking about divorce and remarriage, and all of a sudden, you throw that in? So what in the world is going on in this passage?

There are several controversial issues here, and we need to look at them all in context to make sense at all of this passage.

Let me start with the fact that it begins with a prohibition. but let's pick it apart because we need to look at all the details. 

For example, it says that this man marries a woman, and he found some uncleanness in her. I want to start with that, what is the uncleanness? Well, that's the first controversial issue in this passage. The original Hebrew word actually means nakedness, nudity, indecency. Some modern translators, like the New American Standard Bible (NASB) and the English Standard Version (ESV), translate it as that "indecency," and the New International Version (NIV) says "something indecent."

So, what is this uncleanness or indecency? It's so broad and vague that it's hard to pin down. A knee-jerk reaction might be to say it's about adultery. But that doesn't fit the rest of what Moses wrote because, in verse 5, where there is a test to see whether or not a woman committed adultery. There are also passages that say that if you do commit adultery, the penalty is much worse than a bill of divorce. So, adultery doesn't quite fit this passage. In fact several scholars even say that the precise meaning of this phrase is unknown.

So, what do we do with this? Let me give you some possibilities. 

There are  I believe two basic possibilities: One is that some specific offense is in view, and the second is that there is no particular specific event in view. I want to consider these two for a second.

Let’s talk about the first one—some specific offense in view. 

What could it be? Well, it depends on what commentary you read. There are probably as many opinions on that as you have fingers, and maybe toes thrown in. 

Some at one end of the scale say it’s fornication. 

Others at the other end of the scale say it's anything that displeased the husband, like the equivalent today of burning the toast. 

Some say it's the inability to have children. Some say it's a physical defect, and some say she is an embarrassed him somehow. 

One commentary I read even suggested it might be about the woman being a lesbian, I won’t do into the details but that idea does not resonate with me at all.

But at the end of the day these are all speculations as to what a specific offense might have been.

Which takes me too as I mentioned a minute ago, the other view is that there is no specific offense in view. 

God permitted divorce when the husband believed his wife had done something illegitimate, even though she had not. So, it isn't meant to be specific; it can be anything that he saw in her. 

Ultimately the text does not provide enough information to determine this, leaving the nature of the indecency ambiguous.

In ancient times, writing a certificate of divorce was a common practice in the Near East. The Egyptians had similar practices, and the Israelites might have adopted this custom during their time in Egypt. The certificate of divorce served as a formal way to end the marriage, thereby allowing the woman to remarry. 

In contrast to modern legal procedures, ancient Israelite divorces were a domestic matter, not requiring legal proceedings or the involvement of civic officials.

One author I read suggested that the certificate of divorce protected the woman under the law. Without it, she might be suspected of adultery and face severe consequences, including stoning. By giving her a certificate of divorce, the husband ensured she had proof that the marriage had been formally ended.

However after being divorced and  the woman marries another man. If this second husband also divorces her or dies, the first husband is forbidden from remarrying her. This prohibition is a key point in the passage, described by many as the most confusing and controversial aspect.

Four Possible Explanations for the Prohibition

1.     One possibility is that the woman having sex with another man after her first marriage changes her status, making her return to the first husband inappropriate.

2.     Another interpretation is that the woman's status changed from wife to sister after remarrying. Returning to her first husband would then be considered incestuous in that culture at that time. This view, however, is less clear and harder to understand.

3.     Some suggest that the focus is on the act of divorce itself, rather than the second marriage. The divorce fundamentally changes the relationship, making remarriage to the first husband prohibited.

4.     The passage explicitly states that remarrying the first husband after being with another man is detestable to the Lord, thereby suggesting there must be a strong moral or spiritual reason for the prohibition.

The view is that the second marriage is constituted adultery although the detail is unclear still in my mind is the most likely interpretation. 

Some would say that Jesus’ words in the Sermon on the Mount support this view. Jesus said if a man divorces his wife, he causes her to commit adultery. This suggests that remarriage after divorce involves adultery.

If forced to choose a view, I’d lean toward the adultery interpretation. 

It’s helpful to understand that Israel’s neighbours practiced divorce and remarriage, and just treating wives as property. This decree discouraged hasty divorces and encouraged respect for wives. 

Divorce could if treated laxly could become just a legal form of adultery if too easily practiced. 

The prohibition against remarriage might deter husbands from divorcing their wives hastily. Knowing they couldn’t remarry their first wives could make them reconsider divorcing.

This discouraged frivolous divorces, encouraging husbands to think carefully before ending a marriage.

Jesus’ New Testament teachings also align with this interpretation.

The passage concludes with this extra final verse, a sort of coda giving advice for newlyweds saying they should spend the first year of marriage free from the requirement to go to war or focus on any family business to bring what is called, “happiness to the wife”. This emphasizes the importance of building a strong, stable relationship particularly early on in the marriage.

In marriage counselling, some councillors advise couples not to rush into having children straight away. The first year or so some recommend should be dedicated to strengthening the marital bond. When a baby arrives, the wife’s attention might shift, potentially causing jealousy or feelings of rejection in the husband  Taking time to solidify the marriage helps prepare for future challenges then as today was probably a good thing.

Moses here teaches that newlyweds should take a year off to focus on their marriage. 

Some commentators link this section of Deuteronomy to the commandments, particularly regarding stealing. Figuratively, going to war and dying could be seen as stealing a future from the new bride. While this connection might be a stretch, it highlights the wider perspective to interpreting the commandments that is definitely part of what Moses is trying to achieve here in this message he is giving to the people..

Conclusion

The subject of this passage is marriage and divorce. Let's turn to the New Testament and Matthew 19:3 for some hep on this topic and interpreting this passage. Because Jesus here is questioned on the same issue.

“Then the Pharisees came to him testing him and saying to him is it lawful for a man to divorce his wife”?

(Matthew 19: 3)

When Jesus addressed the Pharisees’ question about divorce, He referred back to Genesis, emphasizing that marriage was intended to be permanent from the beginning. He cited Genesis 1:27 and 2:24, where it says, “God created male and female and declared that the two shall become one flesh”. This underscores that marriage is a divine institution, and is meant to be indissoluble.

The Pharisees then questioned why Moses commanded to give a certificate of divorce and send her away, directly referencing todays passage in Deuteronomy 24.

Jesus clarified that Moses permitted divorce because of the hardness of human hearts, not because it was God's original intention. From the beginning, it was not so, he says (Matthew 19:8).

Jesus then says there are grounds for divorce but introduces an important caveat in Matthew 19:9:

"Whoever divorces his wife, except for sexual immorality, and marries another, commits adultery." 

This indicates that sexual immorality is a valid ground for divorce. The term "porneia/ sexual immorality" is broad, encompassing various forms of illicit sexual behavior, not just adultery (which is specifically marital infidelity).

Jesus’ exception clause aligns with Deuteronomy 24:1-4 by suggesting that the act of divorce itself was not always tied to adultery in the first marriage but could lead to adultery if the divorced individuals remarried under improper circumstances.

There is a broader context of sexual immorality being talked about here. The term "fornication" (porneia) includes a wide range of sexual sins, not limited to adultery. This broader definition encompasses any illegitimate sexual activity, making it a valid ground for divorce. For instance, if one spouse engages in homosexual behavior, this falls under the umbrella of "fornication" and provides legitimate grounds for divorce.

Another ground for divorce is desertion

Paul expands on Jesus’ teachings in 1 Corinthians 7:12-15, introducing a second valid ground for divorce: the desertion of an unbelieving spouse. 

If an unbelieving partner chooses to leave, the believer is not bound in such circumstances and is called to live in peace. This provision recognizes the reality of mixed-faith marriages and the complications that can arise when one spouse does not share the same commitment to the marriage covenant.

So, in conclusion, Jesus affirmed that marriage is intended to be a lifelong commitment, emphasizing its sacred and permanent nature. However, He acknowledged that because of human sinfulness, there are legitimate grounds for divorce on some occasions: Sexual immorality and desertion by an unbelieving spouse. 

These provisions help protect the sanctity of marriage while also providing a way to address situations where the marital covenant has been irreparably broken.

Closing Thoughts on Divorce and Remarriage

As we wrap up our discussion on divorce and remarriage, it's important to note that these two grounds for divorce—sexual immorality (fornication) and desertion by an unbelieving spouse—have been the standard position of the Protestant church since the Reformation. 

The Catholic Church, however, holds a different view, generally not permitting divorce but instead only allowing occasional annulments under certain conditions.

However my position is that if a divorce occurs based on the biblical grounds mentioned, then remarriage is permitted. This idea is not something I am inventing; it is clearly supported by the passages we've discussed. If a divorce is biblically justified, then remarriage is also biblically allowed.

Dr. J. Vernon McGee, a well-known Bible teacher, once explained that the purpose of a divorce document in biblical times was primarily to allow the divorced individuals the right to remarry. 

The document they issue, called here, “The Bill of Divorce”, explicitly stated, "I hereby divorce you, and you have the right to marry somebody else." This shows that the intent behind divorce was not just to end a marriage but also to permit remarriage.

But what if a divorce happens without these biblical grounds? Paul addresses this in 1 Corinthians 7:10-11. He says that if a wife departs (which means divorce in this context), she should remain unmarried or be reconciled to her husband. 

This means that if the separation occurs without legitimate grounds, the individuals should remain single or reconcile, as there is no biblical basis for remarriage in such cases.

This topic is undeniably controversial, and I've shared some of my opinions along with biblical references but I appreciate that individual lifes can be messy and complicated. 

In closing, there's a profound spiritual principle to consider being that the principle of God’s Love.

In Jeremiah 3, God is described as giving Israel a certificate of divorce due to her unfaithfulness. However, God promises to take Israel back in the future, showcasing His boundless love for the unlovable.

This teaches us about the depths of God’s grace and mercy. Despite Israel's spiritual adultery, God’s love remains steadfast, and He was willing to restore the relationship.

Divorce often results in devastating consequences, but it never places individuals beyond the reach of God's love and blessing. 

Christians who have experienced divorce can still live under God's grace and serve Him faithfully. The ultimate lesson is that God loves the unlovable and extends His grace to all, regardless of their past and that is the most important thing to remember when dealing with this or any other of God precepts.