Generally speaking, much of the church has misunderstood Jesus’ statements on divorce, and the church has typically increased, rather than relieved, the suffering and scandal of Christians who have left abusive marriages. This is not right.
If we want to genuinely understand Jesus’ teachings on divorce, particularly his teaching in response to the question posed to him by the Pharisees, we need to have some understanding of the issues concerning divorce that the Jews of Jesus’ day were discussing. (Jesus’ words on divorce in Matthew’s Sermon on the Mount are discussed in another article, here.)
Herod Antipas and Herodias
The Pharisees were testing Jesus with their question about divorce (Matt. 19:3; Mark 10:2). They may have been trying to trick Jesus into saying something scathing about Herod Antipas (ruler of Galilee) and his new wife Herodias. The couple had recently divorced their previous partners so that they could marry each other, and they were the talk of the town.
John the Baptist was executed because of his vocal criticism about their divorces and subsequent marriage (Mark 6:17ff NIV cf. Luke 3:19-20). Were the Pharisees hoping Jesus could be got rid of in the same way?
The example of Herod Antipas and Herodias could well be the context for Jesus’ teaching on divorce which can be paraphrased as: “You must not divorce your spouse so that you can marry someone else, as that is tantamount to adultery” (cf. Mark 10:11-12; Luke 16:18; Matt. 19:9). Similarly, the immediate context of Malachi 2:16 NIV, in the Old Testament, “suggests that the divorce in view is that of one Jewish person by another in order to undertake subsequent marriages.”
Shammai and Hillel
But there was probably more behind the Pharisees’ question. The Pharisees were currently engaged in a debate about the legitimate grounds for divorce in light of Deuteronomy 24:1.
The Rabbinic document Mishnah Gittin gives us insight into the opposing views on divorce of the Shammaite Pharisees and the Hillelite Pharisees in the first and early second centuries. (Shammai (50 BCE–30 CE) and Hillel (110 BCE–7 CE) were highly influential Jewish scholars.)
The School of Shammai says: “A man may not divorce his wife unless he has found unchastity in her”, for it is written, “Because he has found in her indecency in anything” (Deut. 24:1). The School of Hillel says: “Even if she spoiled a dish for him”, for it is written, “Because he has found in her indecency in anything”. Rabbi Akiva says: “Even if he found another fairer than she”, for it is written, “And it shall be if she finds no favour in his eyes” (Deut. 24:1). Mishnah Gittin 9.10 
The School of Shammai rightly focused on the word “indecency” in Deuteronomy 24:1. The school of Hillel unjustly focused on the word “anything.” Some wives were unfairly treated and seriously disadvantaged by divorce for “any” reason, one reason even being that a husband “found another fairer than she.”
The Pharisees’ debate was unfairly focused on the husbands’ rights. The well-being of wives does not seem to have been a consideration. Yet, while the law was unfairly biased towards husbands, wives could seek a divorce.
David Instone-Brewer summarises the situation in first-century CE Judaism.
Only a man could enact a divorce, but this did not mean that women could not initiate a divorce . . . The principle that divorce could be enacted only by a man was based on the law that said that a man should write out the get or “divorce certificate” (Deut. 24:1). This resulted in the principle that a man had to enter into divorce voluntarily, but a woman could be divorced against her will . . .
The Pharisees may have wanted to get into a debate with Jesus on one of their pet topics, but Jesus succinctly answered their question and took the conversation in a different direction, all the way back to creation (Matt. 19:4-6).
Jesus and Moses
A further possibility is that the Pharisees asked their question hoping that they would trick Jesus into speaking against the law of Moses, in particular, Deuteronomy 24:1, and thus discredit him. If this was their hope, they would have been disappointed as Jesus immediately quotes from Genesis in his reply. (The book of Genesis is part of the first five books of the Hebrew Bible, the Pentateuch, also known as the Law of Moses.)
In Matthew 19:4-6 Jesus tells the Pharisees,
Have you not read that the one who made them at the beginning ‘made them male and female,’ and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’? So they are no longer two, but one flesh. Therefore what God has joined together, let no one separate (Matt. 19:4-6; cf. Gen 1:27; 2:24; 5:2).
In Genesis 2:18-25 we are given a glimpse at God’s ideal model for marriage: one man and one woman, perfectly suited to one another, joined in an intimate and exclusive, mutual and safe, life-long partnership. This is what husbands and wives should aspire to. Sadly, however, many marriages do not live up to this ideal.
When a bride and groom make their wedding vows today, they make a covenant upheld by certain promises: to love, honour, cherish, etc. But some people, even professing Christians, habitually break these promises. A few even do the opposite of love, honour, and cherish. When a spouse consistently and repeatedly breaks the wedding vows he or she has made, the marriage covenant breaks and the one-flesh union fractures, and this may lead to divorce. It is important to note that a legal divorce usually occurs long after the marriage covenant has already been broken by broken promises.
Divorce and Adultery
In his comments on divorce given to the Pharisees, Jesus specifically addressed the Pharisees’ debate on divorce (Matt. 19:3-9; Mark 10:2-12). His comments were not meant to be a comprehensive statement on divorce or a comprehensive statement of all the permissible reasons for divorce. Rather, Jesus correctly interprets Deuteronomy 24:1. Furthermore, he reminds the Pharisees of the ideal in marriage and he explains that divorcing one person in order to marry another person is immoral and adulterous.
In reference to Mark 10:12 and a woman who divorces and remarries, David Bentley Hart notes,
. . . no woman, under the circumstances of that age, would have abandoned her husband for any reason other than to attach herself to another man. . . . It would have been perfectly natural, then, for the earliest Christian interpreters of the gospels to assume that Jesus was speaking specifically about a wife who leaves her husband in order to be wed to another, perhaps obliging her second husband in the process to dispose of an inconvenient prior wife of his own. Certainly it would have been assumed that the man who marries a divorced woman (Matthew 5:32; Luke 16:38) is in fact someone who has lured the woman away from her home.
“Divorce, Annulment and Communion,” Commonweal Magazine Vol. 146 (September 2019) (Source)
It is plausible, even probable, that all of Jesus’ statements about adultery, in respect to divorce and remarriage, were given in the context of someone divorcing one person with the express aim of marrying another particular person (Matt. 19:9; Mark 10:11-12; Luke 16:18). If so, it means that someone who divorces their spouse because of betrayal or abuse, but later finds a new partner and marries, is not committing adultery.
Divorce and Our Duty of Care
Jesus’ reply to the Pharisees had the potential to protect married women. Jesus would not have wanted wives to be divorced and dumped by their husbands for no real reason. As mentioned in my previous article on divorce (here), a divorced woman could be vulnerable in Bible times.
The Bible expresses a clear mandate that we are to protect vulnerable people from injustice. A faulty understanding of Jesus’ teaching on divorce cannot be used to overturn this basic principle. We completely miss the point of Jesus’ remarks to the Pharisees, and elsewhere, if we insist a spouse remain with an abusive partner in a harmful marriage. Instead, we are to provide consolation, care, and support.
 I strongly suspect that Jesus’ words “divorces his wife and marries another” in Mark 10:11-12 and Luke 16:18 form a hendiadys. That is to say, Jesus is speaking about divorce and marriage as two components of one course of action: divorcing one person in order to marry someone else. It is this scenario that is tantamount to adultery.
 Note 24 on Malachi 2 in the NET Bible here.
 Deuteronomy 24:1-4 “is directly concerned only with forbidding a divorced man from remarrying his former wife, and indirectly with checking hasty divorces, by demanding sufficient cause and certain legal formalities. Divorce itself is taken for granted and tolerated as an existing custom whose potential evils this law seeks to lessen . . . By New Testament times Jewish opinion differed concerning what was sufficient ground for divorce; cf. Matt. 19:3.” Footnote on Deuteronomy 24, from The New American Bible, Revised Edition (NABRE) here.
Philo (20 BCE-50 CE) and Josephus (37-100 CE) also commented on Deuteronomy 24:1-4 and highlighted the “any cause” clause and the fact that it was forbidden for a husband and wife to remarry if they had been previously married to each other but then divorced.
But if, proceeds the lawgiver, a woman having been divorced from her husband under any pretence whatever, and having married another, has again become a widow, whether her second husband is alive or dead, still she must not return to her former husband, but may be united to any man in the world rather than to him, having violated her former ties which she forgot, and having chosen new allurements in the place of the old ones.
Philo, Special Laws 3.5 §30
He that desires to be divorced from his wife for any cause whatsoever (and many such causes happen among men), let him in writing give assurance that he will never use her as his wife any more; for by this means she may be at liberty to marry another husband, although before this bill of divorce be given, she is not to be permitted so to do; but if she be misused by him also, or if, when he is dead, her first husband would marry her again, it shall not be lawful for her to return to him.
Josephus, Jewish Antiquities 4.8.23 §253
 The Mishnah was written around 200 CE but refers to some Jewish traditions before that time which were passed on orally.
 Hyam Maccoby, Early Rabbinic Writings, Book 3 of Cambridge Commentaries on Writings of the Jewish and Christian World 200BC to AD200 (Cambridge University Press, 1988, digital version 2008)
Mishnah Gittin 9:10 can be read online here.
 Rabbi Akiva (50-137) lived soon after Jesus’ time on earth, but his idea, that a husband could legitimately divorce his wife just to marry someone prettier, could be an echo of earlier rabbinic ideas.
 David Instone Brewer, Divorce and Remarriage in the Bible: The Social and Literary Context (Grand Rapids: Eerdmans, 2002), 85-86. Parts of this book can be read online here.
However, Jewish women who were Roman citizens could enact a divorce under Roman law. For example, Salome I (Herod the Great’s sister) and Herodias issued a writ of divorce and divorced their husbands. More on this here.
© Margaret Mowczko 2016
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The Pharisees and the Sadducees Come to Tempt Jesus, by James Tissot (1886-1894) (Wikimedia)
Hyperbole and Divorce in the Sermon of the Mount (Matt. 5:31-32)
God on Divorce (Malachi 2:16)
Malachi 2:16 and the Priest who Divorced his Wife
Paul’s Words on Divorce, and Leaving an Abusive Marriage
A Note on Divorce Terminology in the Bible
All my articles on divorce are here.
Various articles on Genesis are here.