Working through Divorce, Part 1

A foundational verse on divorce and remarriage in the Old Testament is Deuteronomy 24:1-4, which reads as follows:

When a man takes a wife and marries her, if then she finds no favor in his eyes because he has found some indecency in her, and he writes her a certificate of divorce and puts it in her hand and sends her out of his house, and if she goes and becomes another man’s wife, and the latter man hates her and writes her a certificate of divorce and puts it in her hand and sends her out of his house, or if the latter man dies, who took her to be his wife, then her former husband, who sent her away, may not take her again to be his wife, after she has been defiled, for that is an abomination before the LORD. And you shall not bring sin upon the land that the LORD your God is giving you for an inheritance (ESV).

Notice a few things about this text:
a.) It presupposes that divorce is a reality and does not explicitly fight against it “He writes her a certificate of divorce”
b.) It conditions the reason for a divorce based upon the phrase “if then she finds no favor in his eyes because he has found some indecency in her” In other words, divorce for no reason is not justified in this text. The question now becomes how to properly understand “indecency.”

This passage became the nexus where all debates in Jesus’ time centered. Interpretations of “indecency” abounded. The two school of Pharisees, Shammai and Hillel, interpreted “indecency” as sexual immorality or simply not pleasing one’s husband, respectively. These debates are in view when Jesus is asked in Matthew 19 by the question, “Is it lawful to divorce one’s wife for any cause?”
Instead of replying directly to their question, Jesus ups the ante. He replies that divorce was only presupposed by Moses because of their hardness of heart, but it was not so from the beginning. God’s ideal for marriage is permanence. Therefore, as Andreas Kostenberger so effectively notes, Deuteronomy 24:1-4 is “descriptive rather than prescriptive” (God, Marriage, and Family, 228).

So, Jesus says that understanding what “indecency” means is the wrong question, for it misses the purpose of Moses’ instructions and it bats a blind eye at God’s ideal of permanence for marriage.

“So they are no longer two but one flesh. What therefore God has joined together, let not man separate” (Matthew 19:6, ESV).