Divorce – The Law of God and Public Policy: Marriage and Sex (5)

Divorce

The Law of God and Public Policy: Marriage and Sex (5)

Divorce is permitted but only under certain conditions.

“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.…” Deuteronomy 24:1-4

Jesus explained that, from the beginning, God did not intend marriages to end in divorce (Matt. 18:8). Divorce was added in the Law of God in recognition of the effects of sin on the human heart and the institutions of society and as a way of discouraging more sin in a relationship that had become broken beyond repair.

The Law is not specific about the form of “some indecency” which a man might find in his wife. Nor does it indicate whether this privilege worked both ways, although, given the account of the daughters of Zelophehad, and Paul’s later interpretation of lawful divorce practice, I think it probably did (cf. Num. 27:1-11; 1 Cor. 7:13). Nor does the Law indicate that divorce required the approval of the local elders or judges, although I think that is quite likely (the “certificate of divorce” would have to be approved by an authority other than the husband, I would think).

Divorce under the Law of God is a gracious concession to the reality of sin. God did not expect His people to continue in hopelessly unworkable marriages, made so by the entrenched sinfulness of one or the other party. He made a way out, but He intended that way to be strictly circumscribed by public policy and, therefore, rarely used. In Scripture divorce is allowed for adultery or abandonment only. The wording of The Westminster Confession is, I think, most helpful in thinking about the matter of divorce and could, if followed, serve as a useful guide for improving public policy in this area: “Although the corruption of man be such as is apt to study arguments unduly to put asunder those whom God hath joined together in marriage: yet, nothing but adultery, or such willful desertion as can no way be remedied by the Church, or civil magistrate, is cause sufficient of dissolving the bond of marriage: wherein, a public and orderly course of proceeding is to be observed; and the persons concerned in it not left to their own wills, and discretion, in their own case” (XXIV.VI).

The present practice in American public policy of making divorce quick and easy, with the aid of lawyers and the State, is yet one more form of assault on marriage and the divine economy. Christians should work for public policies that strengthen marriage and make divorce more difficult—but we must begin this among ourselves, within our own communities, before we venture into the public square with our recommendations.

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In the Gates is a devotional series on the Law of God by Rev. T.M. Moore, editor of the Worldview Church. He serves as dean of the Centurions Program of the Wilberforce Forum and principal of The Fellowship of Ailbe, a spiritual fellowship in the Celtic Christian tradition. He is the author or editor of twenty books, and has contributed chapters to four others. His essays, reviews, articles, papers, and poetry have appeared in dozens of national and international journals, and on a wide range of websites. His most recent books are The Ailbe Psalter and The Ground for Christian Ethics (Waxed Tablet).

Scripture quotations in this article are from The Holy Bible, English Standard Version, (c) copyright 2001, 2007 by Crossway Bibles, a division of Good News Publishers. Used by permission. All rights reserved.