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Biblical Legitimacy Of Marriage To Divorced Woman

The biblical legitimacy of marriage to a divorced woman is a complex issue, with different interpretations arising from Old Testament law, Jesus' teachings, and subsequent theological developments. The Mosaic Law permitted divorce (Deuteronomy 24:1) [1], and a woman who had been divorced was generally allowed to remarry [1]. However, specific restrictions applied, particularly for priests.

Under the Mosaic Law, a man could divorce his wife by writing her a bill of divorce [4]. After such a divorce, the woman was permitted to marry another man (Deuteronomy 24:2) [1]. However, if her second husband also divorced her or died, she was prohibited from returning to her first husband, as this was considered an "abomination before the Lord" (Deuteronomy 24:3-4) [1, 14, 15]. This prohibition highlights a significant restriction on remarriage to a previous spouse.

A notable exception to the general permission for divorced women to remarry concerned priests. Leviticus 21:14 explicitly states that a priest "may not take" a divorced woman as his wife; he was to marry a virgin from his own people [5]. This restriction also applied to a priest's daughter: if she became a widow or was divorced and had no children, she could return to her father's house and eat of his bread, as in her youth (Leviticus 22:13) [6]. The Babylonian Talmud further clarifies that while a divorced woman is permitted to marry an Israelite, she is prohibited from marrying a priest [16].

During Jesus' ministry, the practice of divorce was widespread among Jews, often on "very slight pretences" [3]. The schools of Shammai and Hillel debated the grounds for divorce, with Shammai limiting it to moral delinquency and Hillel extending it to trivial matters, such as a wife burning her husband's food [4, 13]. Jesus addressed this issue directly, emphasizing the original intent of marriage as a lifelong union established by God (Matthew 19:6) [1, 2, 17]. He stated that Moses permitted divorce "because of your hardness of heart," but "from the beginning it was not so" (Matthew 19:8) [1, 17].

Jesus' teaching in Matthew 5:32 states, "But I tell you that anyone who divorces his wife, except for sexual immorality, brings adultery upon her. And he who marries a divorced woman commits adultery" [7]. A similar statement appears in Luke 16:18: "Everyone who divorces his wife and marries another commits adultery, and he who marries a woman divorced from her husband commits adultery" [13]. These passages are central to understanding the Christian perspective on remarriage after divorce. The "exception clause" regarding sexual immorality (πορνεία, porneia) in Matthew 5:32 and 19:9 is often interpreted as permitting divorce, but not necessarily demanding it, when one partner has been unfaithful [9].

The implication of Jesus' words is that an illegitimate divorce causes the divorced woman to be in a state where remarriage would constitute adultery [9]. Consequently, marrying a woman who has been divorced for reasons other than sexual immorality is also considered adultery [7, 13]. This teaching significantly tightened the grounds for divorce and remarriage compared to the prevailing Jewish practices of the time [3, 13]. Tertullian, an early Church Father, noted that the Lord prohibited divorce, which was formerly permitted, because "from the beginning it was not so" and "What God hath conjoined, man shall not separate" [17].

Rabbinic tradition also dealt with the status of divorced women. The Mishnah discusses cases where a minor girl is divorced; if her father married her off, the divorce is valid by Torah law [8, 12]. The Babylonian Talmud clarifies that if a minor's husband gives her a bill of divorce, she is disqualified from marrying into the priesthood [10]. Furthermore, a woman's testimony that she is divorced is deemed credible for remarriage unless there are witnesses to her married status [11].

Sources

  1. Torrey's Topical Textbook “Torrey's Topical Textbook: Divorce — Law of marriage against -- Ge 2:24; Mt 19:6. Permitted By the Mosaic law. -- De 24:1. On account of hardness of heart. -- Mt 19:8. Often sought by the Jews -- Mic 2:9; Mal 2:14. Sought on slight grounds -- Mt 5:31; 19:3. Not allowed to those who falsely accused their wives -- De 22:18,19. Women Could obtain. -- Pr 2:17; Mr 10:12. Could marry after. -- De 24:2. Responsible for vows after. -- Nu 30:9. Married after, could not return to first husband. -- De 24:3,4; Jer 3:1. Afflicted by. -- Isa 54:4,6. Priests not to marry women after -- Le 21:14. Of servants,”
  2. Smith's Bible Dictionary “Smith's Bible Dictionary: Marriage — + Its origin and history .--The institution of marriage dates from the time of man's original creation. (Genesis 2:18-25) From (Genesis 2:24) we may evolve the following principles: (1) The unity of man and wife, as implied in her being formed out of man. (2) The indissolubleness of the marriage bond, except on; the strongest grounds, Comp. (Matthew 19:9) (3) Monogamy, as the original law of marriage (4) The social equality of man and wife. (5) The subordination of the wife to the husband. (1 Corinthians 11:8,9; 1 Timothy 2:13) (6) The respective duties of ”
  3. Easton's Bible Dictionary “Easton's Bible Dictionary: Divorce — The dissolution of the marriage tie was regulated by the Mosaic law (Deut. 24:1-4). The Jews, after the Captivity, were reguired to dismiss the foreign women they had married contrary to the law (Ezra 10:11-19). Christ limited the permission of divorce to the single case of adultery. It seems that it was not uncommon for the Jews at that time to dissolve the union on very slight pretences (Matt. 5:31, 32; 19:1-9; Mark 10:2-12; Luke 16:18). These precepts given by Christ regulate the law of divorce in the Christian Church.”
  4. Smith's Bible Dictionary “Smith's Bible Dictionary: Divorce — "a legal dissolution of the marriage relation." The law regulating this subject is found (24:1-4) and the cases in which the right of a husband to divorce his wife was lost are stated ibid ., (22:19,29) The ground of divorce is appoint on which the Jewish doctors of the period of the New Testament differed widely; the school of Shammai seeming to limit it to a moral delinquency in the woman, whilst that the Hillel extended it to trifling causes, e.g., if the wife burnt the food she was cooking for her husband. The Pharisees wished perhaps to embroil our Savi”
  5. Leviticus “Leviticus 21:14 (NASB) — 'A widow, or a divorced woman, or one who is profaned by harlotry, these he may not take; but rather he is to marry a virgin of his own people,”
  6. Leviticus “But if a priest’s daughter is a widow, or divorced, and has no child, and has returned to her father’s house, as in her youth, she may eat of her father’s bread: but no stranger shall eat any of it. -- Leviticus 22:13”
  7. Matthew “Matthew 5:32 (BSB) — But I tell you that anyone who divorces his wife, except for sexual immorality, brings adultery upon her. And he who marries a divorced woman commits adultery.”
  8. Mishnah (Jewish (Rabbinic)) “Mishnah, Mishnah Yevamot 13:6: With regard to one who divorces a woman and remarries her and then dies childless, his wife is permitted to enter into levirate marriage with her yavam , but Rabbi Elazar prohibits this. Likewise, with regard to one who divorces an orphaned minor girl whose mother and brothers married her off and remarries her and subsequently dies, she is permitted to the yavam in levirate marriage, and Rabbi Elazar prohibits it. A minor girl whose father married her off, in which case the marriage is valid by Torah law, and who was subsequently divorced while she was still a mi”
  9. Matthew (Protestant academic) “Tyndale House on Matthew 5:32: 5:32 The exception clause permits but does not demand divorce when one partner has been unfaithful (see also 19:9). Notably, Jesus does not demand death for the guilty party (see Deut 22:21-22). • The implication seems to be that by divorcing his wife for illegitimate reasons, the man causes her to commit adultery by wrongly putting her in a situation where she remarries and so breaks the law. • anyone who marries a divorced woman: It is not clear whether Jesus is referring to any woman who is divorced, regardless of the reason, or only to a woman who is divorced”
  10. Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Yevamot 108a.16: Abaye bar Avin and Rav Ḥanina bar Avin both say: If the minor’s husband gave her a bill of divorce, this is an obstruction that is due to the man, since in presenting the bill of divorce, the marriage is being treated as valid. Therefore, from then onward, he is prohibited from marrying her close relatives, and she is prohibited from marrying his close relatives; and, as a divorced woman, she is disqualified from marrying into the priesthood. However, if she refuses him, this is an obstruction that is not due to the man. Therefore, he is permitted to marry h”
  11. Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Ketubot 22a.5: MISHNA: With regard to a woman who said: I was a married woman and now I am a divorcée, she is deemed credible and permitted to remarry, as the mouth that prohibited and established that she was married is the mouth that permitted, and established that she is divorced. However, if there are witnesses that she was a married woman, and she says: I am a divorcée, she is not deemed credible. Similarly, with regard to a woman who said: I was taken captive but I am pure, as I was not raped in captivity, she is deemed credible and permitted to marry a priest, as the ”
  12. Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Yevamot 109a.1: but Rabbi Elazar prohibits this. Likewise, with regard to one who divorces an orphaned minor girl whose mother and brothers married her off and remarries her and subsequently dies, she is permitted to the yavam in levirate marriage, and Rabbi Elazar prohibits it. A minor girl whose father married her off, in which case the marriage is valid by Torah law, and who was subsequently divorced while she was still a minor is like an orphan during the lifetime of her father, as he no longer has the right to marry her off, and she cannot become fully married because s”
  13. Luke (Protestant academic) “Tyndale House on Luke 16:18: 16:18 This example fit the context by showing that Jesus’ authoritative words interpreted and fulfilled the Old Testament law. • a man who divorces his wife and marries someone else commits adultery: The Old Testament allowed for divorce but did not sanction it (Deut 24:1-4), and the rabbis of Jesus’ day debated what constituted legitimate grounds. The school of Shammai allowed a man to divorce his wife only because of unfaithfulness, while the school of Hillel allowed divorce for almost any reason. Against such a casual attitude, Jesus said that breaking the marri”
  14. Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Niddah 70a.1: With regard to one who remarries his divorced wife, the Torah states: “Her former husband, who sent her away, may not take her again to be his wife, after she is defiled, for that is an abomination before the Lord; and you shall not cause the land to sin, which the Lord your God gives you for an inheritance” (Deuteronomy 24:4). By inference, she, the divorced wife, is an abomination, but her children are not abominations. In other words, if he transgressed the prohibition and remarried this woman, the daughters from that marriage are not disqualified from marry”
  15. Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Niddah 146a.139:1: With regard to one who remarries his divorced wife, the Torah states: “Her former husband, who sent her away, may not take her again to be his wife, after she is defiled, for that is an abomination before the Lord; and you shall not cause the land to sin, which the Lord your God gives you for an inheritance” (Deuteronomy 24:4). By inference, she, the divorced wife, is an abomination, but her children are not abominations. In other words, if he transgressed the prohibition and remarried this woman, the daughters from that marriage are not disqualified from ”
  16. Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Yevamot 120a.7: The Gemara then validates this concern. If she actually married an Israelite, which is permitted for a divorced woman, then indeed one must consider the possibility that she is actually divorced and not widowed, and the rival wife is not permitted to marry. However, here we are dealing with a case where she married a priest, who is prohibited from marrying a divorced woman, and therefore she must actually be a widow, as she would not damage herself by entering into a forbidden marriage.”
  17. Schaff ANF/NPNF (Patristic) “ANF Vol 4: Tertullian IV, Minucius Felix, Commodian, Origen — CHAP. IX.--FROM EXAMPLES TERTULLIAN PASSES TO DIRECT DOGMATIC TEACHINGS. HE BEGINS WITH THE LORD'S TEACHING. (part 1): But grant that these argumentations may be thought to be forced and founded on con- 66 jectures, if no dogmatic teachings have stood parallel with them which the Lord uttered in treating of divorce, which, permitted formerly, He now prohibits, first because "from the beginning it was not so," like plurality of marriage; secondly, because "What God hath conjoined, man shall not separate,"[1]--for fear, namely, that h”
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