Divorce And Remarriage Covenant Implications

The covenant implications of divorce and remarriage are a topic of significant theological disagreement across different traditions. While some traditions focus on specific conditions under which remarriage is permissible or prohibited, others emphasize the indissolubility of the marriage bond itself.

In Jewish tradition, particularly as reflected in the Mishnah and Babylonian Talmud, there are detailed discussions regarding the circumstances under which a divorced couple may or may not remarry each other. For instance, Rabbi Meir states that if a man divorces his wife due to a vow that requires investigation and dissolution by a halakhic authority, he may not remarry her. However, if the vow does not require such investigation, he may remarry her ^{[2, 3, 5, 8, 9, 10]}. Rabbi Elazar offers a nuanced perspective, suggesting that the prohibition against remarriage in cases of vows requiring dissolution is primarily due to specific circumstances where the vow does not require dissolution ^{[1, 2, 3, 8, 9, 10]}.

Furthermore, Jewish law addresses situations where a woman is divorced due to a "bad reputation," such as an accusation of adultery. In such cases, the husband is generally prohibited from remarrying her, even if the accusation later proves false ^{[11, 12, 13]}. Rabbi Yehuda distinguishes between vows that are publicly known and those that are not; if the vow was publicly known, remarriage is prohibited, but if not, it is permitted ^{[7, 11, 12, 13]}. The concept of levirate marriage also plays a role, with debates among rabbis like Rabbi Elazar concerning whether a woman who was divorced and remarried, and then whose second husband died childless, is permitted to enter into levirate marriage with her yavam (brother-in-law) ^[6]. The Talmud also discusses the legal status of a minor girl who is divorced and remarries, noting that her subsequent marriages might be rabbinic rather than Torah law ^{[1, 6]}.

In contrast, some Reformed theological perspectives, such as that articulated by Charles Hodge, address divorce and remarriage primarily through the lens of the marriage bond's dissolution. Hodge teaches that certain actions, like a woman leaving her husband, do not justify the dissolution of the marriage bond ^[4]. He also considers cases involving a Christian and an unbelieving partner. While such marriages are considered lawful and should not be dissolved, if the unbelieving partner "departs," meaning they repudiate the marriage, the believing partner is no longer bound by the marriage compact ^[4]. This view implies that the departure of an unbelieving spouse can constitute a legitimate ground for the dissolution of the marriage, thereby freeing the believing spouse from the marital covenant.

The divergence between these traditions often stems from differing hermeneutical approaches to scriptural texts and varying understandings of the nature of the marriage covenant. Jewish tradition, as seen in the Talmud, engages in intricate legal reasoning and rabbinic decrees to define specific conditions and prohibitions related to divorce and remarriage, often with an emphasis on preventing scandal or ensuring proper legal procedure ^[7]. The Reformed perspective, as exemplified by Hodge, tends to focus on the conditions under which the marriage bond is considered truly broken, particularly in cases of abandonment by an unbelieving spouse, which is seen as a repudiation of the covenant itself ^[4].

Despite these differences, both traditions acknowledge the seriousness of marriage and the implications of its dissolution. The discussions in the Babylonian Talmud, for instance, demonstrate a deep concern for the legal and social ramifications of divorce and remarriage, seeking to establish clear guidelines for the community ^{[1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15]}. Similarly, the Reformed view, while allowing for dissolution under specific circumstances, still upholds the sanctity of marriage as a covenant ^[4].

Sources

Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Yevamot 109a.7: Rav Ashi said: This is the reasoning of Rabbi Elazar: He decreed to prohibit levirate marriage with these, i.e., women who were divorced and remarried, due to the case of a girl who is considered an orphan in the lifetime of her father, who was divorced by her husband and he subsequently remarried her. If a minor girl was married off by her father and was subsequently divorced, she is no longer subject to her father with regard to marriage and divorce, but because she is a minor, any marriage she enters into is by rabbinic rather than by Torah law. The Gemara”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 181b.90:14: The mishna continues: Rabbi Meir says: If he divorces her due to any vow that requires investigation and dissolution by a halakhic authority, he may not remarry her, but if he divorces her due to a vow that does not require investigation and dissolution by a halakhic authority, and is dissolved even without that, he may remarry her. Rabbi Elazar said: They prohibited him from remarrying her in this case, where she stated a vow that requires dissolution by a halakhic authority, only due to that case, where she stated a vow that does not require dissolution ”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 181a.90:14: The mishna continues: Rabbi Meir says: If he divorces her due to any vow that requires investigation and dissolution by a halakhic authority, he may not remarry her, but if he divorces her due to a vow that does not require investigation and dissolution by a halakhic authority, and is dissolved even without that, he may remarry her. Rabbi Elazar said: They prohibited him from remarrying her in this case, where she stated a vow that requires dissolution by a halakhic authority, only due to that case, where she stated a vow that does not require dissolution ”
CCEL (Reformed (Old Princeton)) “Charles Hodge, Systematic Theology, Vol. 3, section 49: woman’s leaving her husband, which do not justify a dissolution of the marriage bond. With regard to those cases in which one of the parties was a Christian and the other an unbeliever, he teaches, first, that such marriages are lawful, and, therefore, ought not to be dissolved. But, secondly, that if the unbelieving partner depart, i.e ., repudiates the marriage, the believing partner is not bound; i.e ., is no longer bound by the marriage compact. This seems to be the plain meaning. If the unbelieving partner is willing to continue in t”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 45b.14: The mishna continues: Rabbi Meir says: If he divorces her due to any vow that requires investigation and dissolution by a halakhic authority, he may not remarry her, but if he divorces her due to a vow that does not require investigation and dissolution by a halakhic authority, and is dissolved even without that, he may remarry her. Rabbi Elazar said: They prohibited him from remarrying her in this case, where she stated a vow that requires dissolution by a halakhic authority, only due to that case, where she stated a vow that does not require dissolution by a”
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”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 46b.8: As we learned in the previous mishna (45b): A man who divorces his wife due to her bad reputation may not remarry her. And if one divorces his wife due to a vow that she stated, and he could not live with her under the conditions of the vow, he may not remarry her. Rabbi Yehuda says: If he divorced her due to any vow that the public was aware of, he may not remarry her, but if he divorced her due to a vow that the public was not aware of, he may remarry her. Apparently, the Rabbis are concerned about potential harm, and consequently, they do not make a distinct”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 181a.91:10: § The mishna taught that Rabbi Meir says: If he divorced her due to any vow that requires investigation and dissolution by a halakhic authority, he may not remarry her; however, if he divorced her due to a vow that does not require investigation and dissolution by a halakhic authority, he may remarry her. It is taught in a baraita that Rabbi Elazar says: They prohibited him from remarrying her in the case where she stated a vow that requires dissolution by a halakhic authority only due to a case where she stated a vow that does not require dissolution by a”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 181b.91:10: § The mishna taught that Rabbi Meir says: If he divorced her due to any vow that requires investigation and dissolution by a halakhic authority, he may not remarry her; however, if he divorced her due to a vow that does not require investigation and dissolution by a halakhic authority, he may remarry her. It is taught in a baraita that Rabbi Elazar says: They prohibited him from remarrying her in the case where she stated a vow that requires dissolution by a halakhic authority only due to a case where she stated a vow that does not require dissolution by a”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 46a.10: § The mishna taught that Rabbi Meir says: If he divorced her due to any vow that requires investigation and dissolution by a halakhic authority, he may not remarry her; however, if he divorced her due to a vow that does not require investigation and dissolution by a halakhic authority, he may remarry her. It is taught in a baraita that Rabbi Elazar says: They prohibited him from remarrying her in the case where she stated a vow that requires dissolution by a halakhic authority only due to a case where she stated a vow that does not require dissolution by a hal”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 45b.13: MISHNA: A man who divorces his wife due to her bad reputation, i.e., he heard that she had committed adultery, may not remarry her, even if it becomes clear that she did not in fact commit adultery. Similarly, if one divorces his wife due to a vow that she took, and he could not live with her under the conditions of her vow, he may not remarry her. Rabbi Yehuda says: If he divorces her due to any vow that the public was aware of, he may not remarry her, but if he divorces her due to a vow that the public was not aware of, he may remarry her.”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 181b.90:13: MISHNA: A man who divorces his wife due to her bad reputation, i.e., he heard that she had committed adultery, may not remarry her, even if it becomes clear that she did not in fact commit adultery. Similarly, if one divorces his wife due to a vow that she took, and he could not live with her under the conditions of her vow, he may not remarry her. Rabbi Yehuda says: If he divorces her due to any vow that the public was aware of, he may not remarry her, but if he divorces her due to a vow that the public was not aware of, he may remarry her.”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Gittin 181a.90:13: MISHNA: A man who divorces his wife due to her bad reputation, i.e., he heard that she had committed adultery, may not remarry her, even if it becomes clear that she did not in fact commit adultery. Similarly, if one divorces his wife due to a vow that she took, and he could not live with her under the conditions of her vow, he may not remarry her. Rabbi Yehuda says: If he divorces her due to any vow that the public was aware of, he may not remarry her, but if he divorces her due to a vow that the public was not aware of, he may remarry her.”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Yevamot 108b.4: The Gemara raises a contradiction from the end of the mishna: If a minor girl refuses one man and marries another, and he divorces her, and then she marries another man and refuses him, and then she marries another man and he divorces her, this is the principle: With regard to anyone she leaves by means of a bill of divorce, she is prohibited from returning to him. With regard to anyone she leaves by means of refusal, she is permitted to return to him. Apparently, a refusal of another man does not come and nullify one’s own bill of divorce. If the refusal com”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Nedarim 183a.143:7: Come and hear a resolution of the dilemma from a mishna (89a): If she took a vow on that day, and he divorced her and remarried her on the same day, he cannot nullify her vow. Learn from the mishna that divorce is like ratification.”

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