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Divorce and Remarriage | Richard J. Erickson
Marriage

Mosaic Law

I have listed below the primary Mosaic Law teachings on the subject, with a few comments relating to the “hardness of heart” issue.

“When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house. And when she is departed out of his house, she may go and be another man’s wife. And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, which took her to be his wife; Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the LORD: and thou shalt not cause the land to sin, which the LORD thy God giveth thee for an inheritance.”* (Deuteronomy 24:1-4)

Here are some hard-hearted people being described. This is a restraint on taking so lightly the bond of marriage between a man and a woman. What is communicated here through the law is that something awful has happened that has placed a barrier between the original husband and wife. Certainly, without the command and power to forgive, and the healing power of Jesus, this barrier can not really be healed once it has been broken.

“They shall be holy unto their God, and not profane the name of their God: for the offerings of the LORD made by fire, and the bread of their God, they do offer: therefore they shall be holy. They shall not take a wife that is a whore, or profane; neither shall they take a woman put away from her husband: for he is holy unto his God. Thou shalt sanctify him therefore; for he offereth the bread of thy God: he shall be holy unto thee: for I the LORD, which sanctify you, am holy. And the daughter of any priest, if she profane herself by playing the whore, she profaneth her father: she shall be burnt with fire. And he that is the high priest among his brethren, upon whose head the anointing oil was poured, and that is consecrated to put on the garments, shall not uncover his head, nor rend his clothes; Neither shall he go in to any dead body, nor defile himself for his father, or for his mother; Neither shall he go out of the sanctuary, nor profane the sanctuary of his God; for the crown of the anointing oil of his God is upon him: I am the LORD. And he shall take a wife in her virginity. A widow, or a divorced woman, or profane, or an harlot, these shall he not take: but he shall take a virgin of his own people to wife. Neither shall he profane his seed among his people: for I the LORD do sanctify him.”* (Leviticus 21:6-15)

The priests, who were called to demonstrate a higher and holier standard, were much more restricted in whom to marry. The Lord was conveying an image of purity and “newness of life” (virginity) to point forward to the higher standard of human marriage and of the marriage of the believer to Christ.

“If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found; Then the man that lay with her shall give unto the damsel’s father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days.”* (Deuteronomy 22:28-29)

Again we see a restraint on the hard and selfish heart: If a man showed so little respect to a woman as to shame and humble her, he was required to make amends by marrying her with no recourse to divorce.

“Yet ye say, Wherefore? Because the LORD hath been witness between thee and the wife of thy youth, against whom thou hast dealt treacherously: yet is she thy companion, and the wife of thy covenant. And did not he make one? Yet had he the residue of the spirit. And wherefore one? That he might seek a godly seed. Therefore take heed to your spirit, and let none deal treacherously against the wife of his youth. For the LORD, the God of Israel, saith that he hateth putting away: for one covereth violence with his garment, saith the LORD of hosts: therefore take heed to your spirit, that ye deal not treacherously.”* (Malachi 2:14-16)

Notice that though the Mosaic law allowed divorce, the Lord, in His last words before the gospel day, spoke of it in terms of treachery, and a calling to “take heed to your spirit.”