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Dictionary of the Bible

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MARRIAGE

MARRIAGE

inheritance. A widow normally remained unmarried. If poor, her position was bad; ct. the injunctions in Dt., the prophets, and the Pastoral Epp. In royal houses her influence might be greater than that of the wife; e.g. the difference in the attitude of Bathsheba in 1 K and in 2", and the power of the queen-mother (1 K 15'^, 2 K 11). There was a strong prejudice in later times against her re-marrying (Lk 2*'; Jos. Ant. xvn. xiii. 4, xvm. vi. 6). There is no instance of a corresponding disUke to the marriage of a widower, but the wife was regarded as a man's property even after his death. St. Paul, however, permits re-marriage (1 Co 7"), and even enjoins it for younger widows (1 Ti 5").

7. Adultery. If a bride was found not to be a virgin, she was to be stoned (Dt 22"-2i). A man who violated an unmarried girl was compelled to marry her with payment of 'dowry' (v.^', cf. Ex 22i6). A priest's daughter playing the harlot was to be burnt (Lv 21'). Adultery holds a prominent place among social sins (Seventh and Tenth Com., Ezk 18"). If committed with a married or betrothed woman, the penalty was stoning for both parties, a betrothed damsel being spared if forced (Dt 22k-", Lv 20"', Ezk 16" 23«). The earher penalty was burning, as in Egypt (Gn 38^; Tamar is virtually betrothed). In Nu 5"-" the fact of adultery is to be established by ordeal, a custom found in many nations. It is to be noted that the test is not poison, but holy water; i.e. the chances are in favour of the accused. The general point of view is that adultery with a married woman is an offence against a neighbour's property; the adultery of a wife is an offence against her husband, but she has no concern with his fldeUty. It is not probable that the extreme penalty was ever carried out (2 S 1 1 , Hos 3). The frequent denunciations in the prophets and Pr. (2'8 fis QX) show the prevalence of the crime; the usual penalty was divorce with loss of dowry (cf. Mt 6"). In the 'pericope' of Jn 8, part of the test is whether Christ will set Himself against Moses by sanctioning the abrogation of the Law; it is not impUed that the punishment was ever actually inflicted; in fact, no instance of it is known. The answer (v.") pardons the sinner, but by no means con-dones the sin: 'damnavit, sed peccatum non hominem' (Aug.); cf. the treatment of 'the woman who was a sinner' (Lk 7*'). The NT is uncompromising in its attitude towards this sin, including in its view all acts of unchastity as offences against God and the true self, as sanctified by His indwelhng, no less than against one's neighbour (Mt 5", Ac 15", 1 Co 5" 6'- "-2», Gal 5", 1 Th 43). The blessing on the 'virgins' of Rev 14* probably refers to chastity, not celibacy; cf. 'the bed undeflled' of He IS*. The laxity of the age made it necessary to insist on purity as a primary Christian virtue (see Swete, ad loc).

8. Divorce is taken for granted in OT (Lv 21'- " 22", Nu 30»), it being the traditional right of the husband, as in Arabia, to 'put away his wife' (Gn 21"). The story of Hosea probably embodies the older procedure, which is regulated by the law of Dt 24i. There must be a bill of divorcement (Is 50', Jer 3*), prepared on a definite charge, and therefore presumably before some pubUc ofhcial, and formally given to the woman. (But cf. Mt 1", where possibihty of private divorce is con-templated [or repudiation of betrothal?].) The time and expense thus i nvol ved would act as a check. Further, if the divorcee re-marries, she may not return to her former husband a deterrent on hasty divorce, also on re-marriage , if there is any prospect of reconciliation. The right of divorce is withheld in two cases (Dt 22i9' "). There was great divergence of opinion as regards the ground 'if she find no favour in his eyes, because he hath found in her the nakedness of a thing.' The school of Hillel emphasized the first clause, and inter-preted it of the most trivial things, practically 'for any cause' (Mt 19=); that of Shammai laid stress rightly on the second clause, and confined it to unchastity.

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But the vague nature of the expression (cf. Dt 23"), and the fact that 22^2 enacts death for unchastity, show that something wider must be meant, probably 'immodest or indecent behaviour' (Driver, ad loc.). In spite of the prohibition of Mai 2"-" and the stern attitude qf many Rabbis, divorce continued to be frequent; Ezr 9. 10 encouraged it. The Mishna allows it for violation of the Law or of Jewish customs, e.g. breaking a vow, appearing in public with dishevelled hair, or conversing indiscriminately with men. Practically the freedom was almost unlimited; the question was not what was lawful, but on what grounds a man ought to exercise the right the Law gave him. It was, of course, confined to the husband (1 8 25'" is simply an outrage on the part of Saul). Women of rank such as Salome (Jos. Ant. XV. vii. 10) or Herodias (xviii. v. 4) might arrogate it, but it is condemned as a breach of Jewish law. Christ contemplates its possibihty in Mk 10'^, perhaps having in view the Greek and Roman world, where it was legal. But the words caused a difficulty to the early versions, which substitute desertion for divorce, and may be a later insertion, added for the sake of completeness. In a later period the Talmud allowed a wife to claim a divorce in certain' cases, e.g. if her husband had a loathsome disease.

In the NT divorce seems to be forbidden absolutely (Mk 10", Lk 168, 1 Co 7"- "). Our Lord teaches that the OT permission was a concession to a low moral standard, and was opposed to the ideal of marriage as an inseparable union of body and soul (Gn 2^). But in Mt 5=2 199 He seems to allow it for ' fornication,' an exception which finds no place in the parallels (cf. 1 Co 7'', winch allows re-marriage where a Christian partner is deserted by a heathen) . (a) Fornication can-not here be sin before marriage ; the sense of the passage demands that the word shall be taken in its wider sense (cf. Hos 26, Am 7", 1 Co 5'); it defines the 'unclean-ness ' of Dt 24' as ilUcit sexual intercourse. (6) Divorce cannot be limited to separation 'from bed and board,' as by R.C. commentators (1 Co 7 uses quite different words). To a Jew it always carried with it the right of re-marriage, and the words ' causeth her to commit adultery' (Mt 5'^) show that our Lord assumed that the divorcee would marry again. Hence if He allowed divorce under certain conditions. He allowed re-marriage, (c) It follows that Mt 19', asit stands, gives to aninjured husband the right of divorce, and therefore of re-marriage, even if it be supposed that the words ' except for forni-cation' quaUfy only the first clause, or if 'shall marry another' be omitted with B. A right given to an injured husband must on Christian principles be allowed to an injured wife. Further, re-marriage, if permitted to either party, is logically permitted both to innocent and to guilty, so far as the dissolution of the marriage bond is concerned, though it may well be forbidden to the latter as a matter of discipline and penalty. Mt 5'^ apparently allows the re-marriage of the justifiably divorced, i.e. guilty wife, though the interpretation of this verse is more doubtful than that of 19'. (d) The view implied by the exception is that adultery ipso facto dissolves the union, and so opens the way to re-marriage. But re-marriage also closes the door to reconciliation, which on Christian principles ought always to be possible ; cf . the teaching of Hosea and Jer 3 ; Hermas (.Mand. lv. 1) allows no re-marriage, and lays great stress on the taking back of a repentant wife, (e) Hence much is to be said for the view which is steadily gaining ground, that the exception in Mt. is an editorial addition from the Judaic standpoint, or under the pressure of practical necessity, the absolute rule being found too hard. (For the authorities, see Hastings' DB, Ext. Vol. p. 27i>, and add Wright's Synopsis and Allen's ;S(. Mat.) It is true that though the textual variations in both passages of Mt. are numerous, there is no MS authority for the entire omission of the words. But there is no hint of the exception in Mk., Lk., or 1 Cor.; Mt 19^ alters the