Divorce Due to Adultery and Biblical Principles

The Mosaic Law permitted divorce, as outlined in Deuteronomy 24:1-4 ^{[1, 2]}. This allowance was given due to the "hardness of heart" of the people ^[2]. However, the specific grounds for divorce became a point of contention among Jewish scholars by the time of Jesus. The school of Shammai limited divorce to cases of "moral delinquency," while the school of Hillel extended it to "trifling causes," such as a wife burning her husband's food ^[5].

Jesus addressed the issue of divorce, significantly limiting the permissible grounds. In Matthew 19:9, he states, "I tell you that whoever divorces his wife, except for sexual immorality, and marries another, commits adultery; and he who marries her when she is divorced commits adultery" ^[3]. A similar statement appears in Matthew 5:32 ^[7]. This exception for "sexual immorality" (Greek: porneia) is understood by many to refer to conjugal infidelity or adultery ^{[1, 11]}. Adultery, in the Mosaic Law, involved illicit intercourse between a man and a married or betrothed woman ^{[4, 8]}. The Mosaic penalty for adultery was stoning for both parties ^[8].

The Gospels of Mark and Luke present Jesus' teaching on divorce without explicitly mentioning the exception for sexual immorality. Mark 10:11-12 states, "Whoever divorces his wife and marries someone else commits adultery against her; and if she divorces her husband and marries someone else, she commits adultery" ^[12]. Similarly, Luke 16:18 says, "Everyone who divorces his wife, and marries another, commits adultery. He who marries one who is divorced from a husband commits adultery" ^[6]. The absence of the exception in Mark and Luke is interpreted in various ways; some suggest it was understood as implicit, while others see it as emphasizing the general principle of marriage's permanence ^{[9, 12]}.

Rabbinic tradition, as seen in the Mishneh Torah, also addresses the consequences of adultery. A woman who has engaged in adulterous relations becomes forbidden to her husband, and he is prohibited from engaging in marital relations with her ^[10]. The Babylonian Talmud discusses scenarios where a man divorces his wife due to a bad reputation concerning adultery, and the implications for remarriage ^{[13, 14, 15]}.

The teachings of Christ, particularly the exception for sexual immorality, are seen as regulating the law of divorce within the Christian Church ^[1]. This perspective emphasizes that marriage was designed to be permanent, and divorce is generally contrary to God's created order, with the exception for infidelity ^{[11, 12]}.

Sources

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.”
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,”
Matthew “I tell you that whoever divorces his wife, except for sexual immorality, and marries another, commits adultery; and he who marries her when she is divorced commits adultery.” -- Matthew 19:9”
Easton's Bible Dictionary “Easton's Bible Dictionary: Adultery — Conjugal infidelity. An adulterer was a man who had illicit intercourse with a married or a betrothed woman, and such a woman was an adulteress. Intercourse between a married man and an unmarried woman was fornication. Adultery was regarded as a great social wrong, as well as a great sin. The Mosaic law (Num. 5:11-31) prescribed that the suspected wife should be tried by the ordeal of the "water of jealousy." There is, however, no recorded instance of the application of this law. In subsequent times the Rabbis made various regulations with the view of disc”
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”
Luke “Everyone who divorces his wife, and marries another, commits adultery. He who marries one who is divorced from a husband commits adultery. -- Luke 16:18”
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.”
Smith's Bible Dictionary “Smith's Bible Dictionary: Adultery — (Exodus 20:14) The parties to this crime, according to Jewish law, were a married woman and a man who was not her husband. The Mosaic penalty was that both the guilty parties should be stoned, and it applied as well to the betrothed as to the married woman, provided she were free. (22:22-24) A bondwoman so offending was to be scourged, and the man was to make a trespass offering. (Leviticus 19:20-22) At a later time, and when owing, to Gentile example, the marriage tie became a looser bond of union, public feeling in regard to adultery changed, and the pena”
CCEL (Reformed (Old Princeton)) “Charles Hodge, Systematic Theology, Vol. 3, section 49: taken as the law on the subject, without regard to what is said in Matthew v. 31, 32 , and xix. 3-9 . As, however, there is no doubt of the genuineness of the passages in Matthew, they cannot be overlooked. One expression of the will of Christ is as authoritative and as satisfactory as a thousand repetitions could make it. The exception stated in Matthew, therefore, must stand. The reason for the omission in Mark and Luke may be accounted for in different ways. It is said by some that the exception was of necessity understood from its ver”
Mishneh Torah (Maimonides) (Jewish (Rabbinic)) “Mishneh Torah (Maimonides), Mishneh Torah%2C Divorce 11:14: Included in this prohibition is that every woman who engaged in adulterous relations becomes forbidden to her husband. He is punished by lashes [for engaging in marital relations with her], 31 Note the Kessef Mishneh , which cites an apparent contradiction between the Rambam's statements here and those in Hilchot Issurei Bi'ah 1:22 and Hilchot Sanhedrin , Chapter 19, from which it would appear that a man is not punished by lashes for engaging in relations with his wife in such a situation. as [implied by the inclusion of the phrase] "”
Matthew (Protestant academic) “Tyndale House on Matthew 19:9: 19:9 Jesus permits only one legitimate reason for a man to divorce: if his wife has been unfaithful (see 5:32). In the face of those who thought divorce could be taken lightly, Jesus affirms God’s created order: Marriage was designed to be permanent (see Mark 10:11-12). • commits adultery: This speaks only of the man who divorces his wife unlawfully. In such a case, his remarriage is adulterous. Jesus’ motivation is to reestablish the permanency of marriage.”
Mark (Protestant academic) “Tyndale House on Mark 10:11: 10:11-12 Whoever divorces . . . and marries someone else commits adultery: The parallel in Luke 16:18 agrees with Mark and mentions no exceptions to this prohibition of divorce, while Matthew’s parallel account allows an exception in cases of infidelity (Matt 19:9; see also Matt 5:32). Paul also allows an exception if an unbelieving partner deserts the marriage (1 Cor 7:15). Mark’s account focuses on the core principles—God hates divorce (Mal 2:16), marriage is meant to be for life, and divorce betrays the divine purpose of marriage.”
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 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, 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.”

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