{"id":7964,"date":"2024-08-04T15:21:40","date_gmt":"2024-08-04T20:21:40","guid":{"rendered":"http:\/\/nazarenespace.com\/blog\/?page_id=7964"},"modified":"2024-08-04T19:21:26","modified_gmt":"2024-08-05T00:21:26","slug":"divorce","status":"publish","type":"page","link":"http:\/\/nazarenespace.com\/blog\/divorce\/","title":{"rendered":"Nazarene Halacha on Divorce"},"content":{"rendered":"
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Yeshua’s halacha on divorce is stated five times (Matthew 5:32; Matthew 19:9. Mk. 10:11-12 & Luke 16:18). At issue is the understanding of Deut. 24:1-4:<\/p>\n\n\n\n

1 When a man has taken a wife, and married her, and it comes to pass that she find no favor in his eyes, because he has found an unseemly matter in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.
2 And when she is departed out of his house, she may go and be another man’s wife.
3 And if the latter husband hate her, and write her a bill of divorcement, and gives it in her hand, and sends her out of his house; or if the latter husband dies, which took her to be his wife;
4 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 YHWH: and you shall not cause the land to sin, which YHWH your Elohim gives you for an inheritance.
(Deut. 24:1-4)<\/em><\/p>\n\n\n\n

In the first century a major debate was ongoing as to the meaning of the words for “unseemly matter” (davar ervat) in this text. (The Hebrew word davar can mean “word” or idiomatically “matter”. The debate is recorded in the Mishna as follows:<\/p>\n\n\n\n

The House of Shamai say,
“A man should divorce his wife only because he has found grounds for it in unchastity (davar ervah) , since it is said, “Because he has found in her
an unclean matter (ervat davar) in anything (Dt. 24:1)”
And the House of Hillel say,
“Even if she spoiled his dish, since it is said, “Because he has found in her
an unclean matter in anything (Dt. 24:1)”
Rabbi Akiba says,
“Even if he found someone else prettier than she, since it is said,
“And it shall be if she find no favor in his eyes (Dt. 24:1)”
(m.Gittin 9:10)<\/em><\/p>\n\n\n\n

The controversy surrounded the ambiguity of the phrase “unseemly matter.” This phrase in Hebrew can be taken literally, or can be taken as an idiomatic expression for fornication.<\/p>\n\n\n\n

Yeshua interprets davar ervat<\/em> to mean z’not, thus closely agreeing with Shammai on this matter. As we read in the DuTillet Hebrew text of Matthew 19:9:<\/p>\n\n\n\n

\u05db\u05d9 \u05db\u05dc \u05d0\u05d9\u05e9 \u05e9\u05e9\u05dc\u05d7 \u05d0\u05d5 \u05e9\u05d9\u05e9\u05dc\u05d7 \u05d0\u05ea \u05d0\u05e9\u05ea\u05d5 \u05db\u05d9 \u05d0\u05dd \u05e2\u05dc \u05d3\u05d1\u05e8 \u05d6\u05e0\u05d5\u05ea \u05d5\u05d9\u05e7\u05d7 \u05d0\u05d7\u05e8\u05ea \u05e0\u05d9\u05d0\u05e3 \u05d5\u05de\u05d9 \u05e9\u05d9\u05e7\u05d7 \u05d0\u05ea \u05d4\u05de\u05d2\u05d5\u05e8\u05e9\u05ea \u05d4\u05d5\u05d0 \u05d2\u05dd \u05db\u05df \u05e0\u05d9\u05d0\u05e3<\/h2>\n\n\n\n

For every man that has put away, or shall put away his wife, except it is for a matter of z’not (fornication), and takes another, commits adultery, and whoever takes the divorced also commits adultery.<\/em><\/p>\n\n\n\n

Yeshua repeats this halacha in two different contexts, giving two different justifications for this understanding.<\/p>\n\n\n\n

The first context is that of the Sermon on the Mount (Matt. 5:32 = Luke 16:18) where Yeshua makes a hedge around the Torah in regards to several Torah commands (Mat. 5:21-48). <\/p>\n\n\n\n

Yeshua quotes the Torah concerning divorce:<\/p>\n\n\n\n

It was also said concerning him that would put away his wife<\/em>
that he should write her a bill of divorcement,<\/em>
and give it to her, and send her away from his house: (Deut. 24:1)<\/em>
(Matt. 5:31 HRV)<\/em><\/p>\n\n\n\n

Yeshua makes a fence once again saying:<\/p>\n\n\n\n

But I tell you, that whoever shall put away his wife, except for the cause of<\/em>
fornication [and takes another] commits adultery with her, and whoever takes her that is cast off, commits adultery.<\/em>
(Matt. 5:32)<\/em><\/p>\n\n\n\n

It is important to note here that our present text of Matthew 5:32 is lacking the phrase “and takes another” which is found in all of the other statements of his halacha on this issue (Mt. 19:19; Mk. 10:11) including the passage in Luke that is a parallel to the Sermon on the Mount (Luke 16:18). The loss of this phrase has changed the meaning of the verse so as to indicate that the wife who has been sent away and divorced is being made an adulterous by her husband. Some have suggested this is by her remarrying after being so divorced. However it is certainly not certain that she would remarry, moreover the Torah (Deut. 24:2) clearly states that she is free to remarry. The verb is mistranslated “makes her an adulteress” and should be “does adultery with her” where “her” refers not to the woman sent away (who in Deut. 24:1 is free to remarry) but to his next wife when he “takes another”, thus reckoning his next marriage as an adulterous relationship, since he had no right to a divorce.<\/p>\n\n\n\n

This brings us to Yeshua’s second line of reasoning, the concept of Yesod HaBriah (Foundation of Creation). Which is presented in Matthew 19:3-8 = Mark 10:2-12. <\/p>\n\n\n\n

Here Yeshua presents a Yalemmedenu Homiletic Midrash on Gen. 2:24 &
Deut. 24:1. The keywords for the midrash are: “man”; “put away” and
“wife.” The Midrash takes the following format:<\/p>\n\n\n\n

Question\/dialog:<\/p>\n\n\n\n

19:3 And the P’rushim approached him, and tempted him,
saying, “Is it right for a man to put away his wife for every cause?”<\/p>\n\n\n\n

Initial passages:<\/p>\n\n\n\n

19:4 And he answered and said to them:
“Have you not read that he who made man the beginning,
‘made them male and female’ (Gen. 1:27)<\/p>\n\n\n\n

19:5 And said,
‘Wherefore shall a man shall leave his father and his mother, and cleave to his wife, and the two shall become one
flesh’ (Gen. 2:24)<\/p>\n\n\n\n

Exposition:<\/p>\n\n\n\n

19:6 And now then, they are no more two but one flesh only. What therefore Elohim has joined together man cannot separate.”<\/p>\n\n\n\n

Further question\/second text:<\/p>\n\n\n\n

19:7 But they said,
“And why then did Moshe then command to give a bill of divorcement, and to put her away if she was not pleasing in his sight?” (Deut. 24:1, 3)<\/p>\n\n\n\n

Exposition:<\/p>\n\n\n\n

19:8 And he answered them and said,
“Because Moshe on account of the hardness of your hearts, allowed you to put away your wives, but from the beginning it was not so.<\/p>\n\n\n\n

19:9 And I tell you,
every man that has put away, or shall put away his wife, except it be for fornication, and takes another, commits adultery. And whoever takes the divorced also commits adultery.<\/p>\n\n\n\n

Yeshua’s midrash is very relevant to first century Jewish halachic
debate on this issue. Yeshua’s use of Gen. 1:27 to prove his halachic
position is paralleled in the Dead Sea Scrolls:<\/p>\n\n\n\n

\u2026they are caught in two traps:
fornication, by taking two wives in their lifetimes
although the principle of creation is:
“male and female He created them.”
(Damascus Document Col. 4 line 20 – Col. 5 line 1)<\/em><\/p>\n\n\n\n

The Gemara to this dispute in the Mishnah (m.Gittin 9:10) found at b.Gittin 90a explores this dispute between Hillel and Shammai in a way that sheds further light on Yeshua’s halacha:<\/p>\n\n\n\n

It has been taught: Beth Hillel said to Beth Shammai: Does not the text distinctly say \u2018thing\u2019? Beth Shammai rejoined: And does it not distinctly say \u2018unseemliness\u2019? Beth Hillel replied: Had it said only \u2018unseemliness\u2019 without \u2018thing\u2019, I should have concluded that she should be sent away on account of unseemliness, but not of any [lesser] \u2018thing\u2019. Therefore \u2018thing\u2019 is specified. Again, had it said only \u2018thing\u2019 without \u2018unseemliness\u2019, I should have concluded that [if divorced] on account of a \u2018thing\u2019 she should be permitted to marry again, but if on account of \u2018unseemliness\u2019, she should not be permitted to remarry. Therefore \u2018unseemliness\u2019 is also specified. And what do Beth Shammai make of this word \u2018thing\u2019? \u2014 [They use it for the following lesson.] It says here \u2018thing\u2019, and it says in another place \u2018thing\u2019, viz. in the text, \u2018By the mouth of two witnesses or by the mouth of three witnesses a thing shall be established\u2019 (Deut. 19:15): just as there two witnesses are required, so here two witnesses are required. And Beth Hillel? \u2014 [They can retort:] Is it written \u2018unseemliness in a thing\u2019? And Beth Shammai? \u2014 Is it written, \u2018either unseemliness or a thing\u2019? And Beth Hillel? \u2014 For this reason it is written \u2018unseemliness of a thing\u2019, which can be taken either way.<\/em><\/p>\n\n\n\n

(In the above quote, it is helpful to understand that the Hebrew word “davar” can mean “word, matter or thing”.)<\/p>\n\n\n\n

Here each of the two schools challenge each other, and in that process the school of Hillel asks the school of Shammai why the word “davar” is in Deut. 24:1. If davar ervat<\/em> only means “fornication” then why is the word “davar here” (since ervat <\/em>can mean “nakedness”). This is a question just as significant to Yeshua’s position. And the School of Shammai has a great answer that further elucidates Yeshua’s halacha. <\/p>\n\n\n\n

The answer is that the word “davar” is included in Deut 19:24 (and in Yeshua’s term davar z’not) to teach us that this is a “matter” (davar) which must be established by two or more witnesses:<\/p>\n\n\n\n

15 One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sins: at the mouth of two witnesses, or at the mouth of three witnesses, shall a matter (davar) be established.
16 If a false witness rise up against any man to testify against him that which is wrong;
17 Then both the men, between whom the controversy is, shall stand before YHWH, before the priests and the judges, which shall be in those days;
18 And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother;
(Deut. 15:15-18)<\/em><\/p>\n\n\n\n

From this we learn that it must not only be a matter of z’not, but that there must be two or more witnesses of the matter of z’not. Moreover, the bill of divorcement cannot be unilaterally issued, but must go thru the “judges”.<\/p>\n\n\n\n

May a Wife Initiate a Divorce?<\/strong><\/p>\n\n\n\n

Deut. 24:1 never mentions a wife initiating a divorce. In Mark’s account of Yeshua’s halacha, an additional halacha is included (Mark 10:11-12). In the Greek and in the Peshitta Aramaic verse 11 repeats Yeshua’s halacha found in the other passages (i.e. Matt. 19:9), while Mark 10:12 addresses the question of a woman divorcing her husband. However, this order is reversed in the Old Syriac Aramaic text of mar, such that Mark 10:12 repeats Yeshua’s halacha on a man divorcing his wife, but verse 11 addresses the question of a woman divorcing her husband, saying:<\/p>\n\n\n\n

\u05d0\u05d9\u05d3\u05d0 \u05d0\u05e0\u05ea\u05ea\u05d0 \u05d3\u05d1\u05e7\u05d0 \u05d1\u05e2\u05dc\u05d4 \u05d5\u05d4\u05d5\u05d9\u05d0 \u05dc\u05d0\u05d7\u05e8\u05e0\u05d0 \u05de\u05d2\u05e8 \u05d2\u05d9\u05e8\u05d0<\/h2>\n\n\n\n

That woman which leaves her husband and becomes [the wife] of another does indeed commit adultery. <\/em><\/p>\n\n\n\n

Paul also writes in 1Corinthians 7:10-11 as we have it in the Aramaic of the Peshitta:<\/p>\n\n\n\n

\u05dc\u05d0\u05d9\u05dc\u05d9\u05df \u05d3\u05d9\u05df \u05d3\u05d0\u05d9\u05ea \u05dc\u05d4\u05d5\u05df \u05e0\u05e9\u05d0 \u05de\u05e4\u05e7\u05d3 \u05d0\u05e0\u05d0 \u05dc\u05d0 \u05d0\u05e0\u05d0 \u05d0\u05dc\u05d0 \u05de\u05e8\u05d9 \u05d3\u05d0\u05e0\u05ea\u05ea\u05d0 \u05de\u05df \u05d1\u05e2\u05dc\u05d4 \u05dc\u05d0 \u05ea\u05e4\u05e8\u05d5\u05e9 \u05d5\u05d0\u05df \u05ea\u05e4\u05e8\u05d5\u05e9 \u05ea\u05e7\u05d5\u05d0 \u05d3\u05dc\u05d0 \u05d2\u05d1\u05e8\u05d0 \u05d0\u05d5 \u05dc\u05d1\u05e2\u05dc\u05d4 \u05ea\u05ea\u05e8\u05e2\u05d0 \u05d5\u05d2\u05d1\u05e8\u05d0 \u05dc\u05d0\u05e0\u05ea\u05ea\u05d4 \u05dc\u05d0 \u05e0\u05e9\u05d1\u05d5\u05e7<\/h2>\n\n\n\n

But to those who have wives, I command, not I, but my Lord, that a wife should not separate from her husband. And if she separates, let her remain without a man or let her be reconciled to her husband; and a man should not leave his wife. <\/em><\/p>\n\n\n\n

Two real world issues arise from this halacha, which must be dealt with: <\/p>\n\n\n\n

What of the woman who is being abused by her husband? <\/p>\n\n\n\n

In this case the halachic principle of Pikuach Nefesh<\/em><\/strong> applies. This is the principle halacha that the preservation of human life overrides virtually any other mitvah. When the life of a human life is in danger, almost any commandment of the Torah is loosed. This principle is implicit in the second greatest commandment \u201clove your neighbor as yourself\u201d (Lev. 19:18).<\/p>\n\n\n\n

The Torah teaches us:<\/p>\n\n\n\n

\u201cYou shall keep My statutes and My laws, which a person shall do and shall live by them. I am YHWH.\u201d
(Lev. 18:5)<\/strong><\/em><\/p>\n\n\n\n

A remez (implication) of this verse, is that the Torah is intended for life, and an application of the Torah that produces death, is not the intended application of Torah.<\/p>\n\n\n\n

Furthermore the principle of kol v’chomer and chesed applies:<\/p>\n\n\n\n

For I desire mercy (chesed), and not sacrifice:
and the knowledge of Elohim, rather than burntofferings.
(Hosea 6:6 HRV)<\/strong><\/em><\/p>\n\n\n\n

This becomes a matter of chesed towards the woman, such that this halacha is of lesser weight than the sacrifices, therefore of lesser weight than chesed.<\/p>\n\n\n\n

The second issue raised by this halacha is that of husbands who refuse to issue a Bill of Divorcement to their wives, unfairly leaving those wives married to them for indefinite periods of time. Such a woman has come to be called an an agunah ( \u05e2\u05d2\u05d5\u05e0\u05d4\u200e, plural: agunot<\/strong> (\u05e2\u05d2\u05d5\u05e0\u05d5\u05ea); translated as a \u201cchained woman\u201d. This is a problem that must be explored by a future Nazarene Sanhedrin, and which I may address in more detail in revisions to this document.<\/p>\n\n\n\n

The Unbeliever<\/strong><\/p>\n\n\n\n

Paul further addresses the question of whether one should divorce a wife who does not accept Yeshua as the Messiah. He writes:<\/p>\n\n\n\n

12 But to the rest speak I, not the Lord: If any brother has a wife that believes not, and she be pleased to dwell with him, let him not put her away.
13 And the woman which has an husband that believes not, and if he be pleased to dwell with her, let her not leave him.
14 For the unbelieving husband is sanctified by the wife, and the unbelieving wife is sanctified by the husband: else were your children unclean; but now are they holy.
15 But if the unbelieving depart, let him depart. A brother or a sister is not under bondage in such cases: but Elohim has called us to shalom.
16 For what know you, O wife, whether you shall save your husband? or how know you, O man, whether you shall save your wife?
(1Cor. 7:12-16)<\/em><\/p>\n\n\n\n

What Constitutes Z’not?<\/strong><\/p>\n\n\n\n

Ben Sira writes:<\/p>\n\n\n\n

Allow no outlet to water,
and no boldness of speech in an evil wife.
If she does not go as you direct,
separate yourself from her.
(Ben Sira 25:25-26)<\/em><\/p>\n\n\n\n

In the Scriptures YHWH\/Messiah is represented as a bridegroom with Israel being His bride (Hosea 2:16; Is. 62:5; 66:5-13; Mk. 2:19; Jn. 3:29; Rev. 18:23; 21:9; Song of Songs). This relationship serves as a model for our own marriages:<\/p>\n\n\n\n

Wives be subject to your husbands as to our Adon,
Because the husband is the head of the wife,
Even as the Messiah is head of the Assembly; and he is the life-giver of the body.
But even as the Assembly is subject to the Messiah,
So also wives [should be subject] to their husbands in everything.
Husbands, love your wives, as also the Messiah loved his Assembly,
And delivered his nefesh for its sake,\u2026
(Eph. 5:22-33 see also 1Cor. 11:3).<\/p>\n\n\n\n

After the time of Solomon the Kingdom of Israel split into two kingdoms known as the two Houses of Israel. The Southern Kingdom became known as the Kingdom of Judah. The Northern Kingdom became known as the Kingdom of Israel. This Northern Kingdom was also often called “Ephraim” after its most prominent tribe. 2Kings 17 tells us of how the Assyrian king Sargon II took the ten tribes of the Northern Kingdom captive in 723 BCE and resettled them so that “none was left except the tribe of Judah” (17:18). These came to be known as “the Lost Ten Tribes of Israel”. They were divorced by YHWH (Jer. 3:8 )<\/p>\n\n\n\n

Northern Kingdom rebelled against the rightful king, High Priest and Temple. They established their own non-Davidic King, their own High Priest and their own Temple at a new location in the Northern Kingdom. They were unwilling to submit to YHWH\u2019s headship and go as YHWH directed. They, in effect, started their own new religion.<\/p>\n\n\n\n

In Jeremiah Chapter 3 the two houses of Israel are discussed. Notice that Israel and Judah are allegorical sisters in this prophecy (Jer. 3:6-7) In Jer. 3:8 YHWH says:<\/p>\n\n\n\n

And I saw that for all the causes for which backsliding Yisra’el
had committed adultery,
I had put her away and given her a certificate of divorce;
yet her treacherous sister Yehudah did not fear,
but went and committed whoring too.
(Jer. 3:8 – The Scriptures Version)<\/p>\n\n\n\n

However YHWH did not divorce Judah as well, as that would have left no remnant. Instead the Prophet Hosea compares the two Houses of Israel this way:<\/p>\n\n\n\n

“Ephrayim has surrounded Me with lying,
and the house of Yisra’el with deceit.
But Yehudah is still wandering with El,
and is true to the Set-apart One.”
(Hosea 11:12 – The Scriptures Version)<\/p>\n\n\n\n

YHWH gave the House of Israel a certificate of divorce and sent her away in keeping with Deut. 24:1. The House of Israel had refused to acknowledge his headship and refused to go as YHWH directed.<\/p>\n\n\n\n

Now the Hebrew word translated \u201cfornication\u201d in Matt. 5:31-32; 19:3-9 is Z\u2019NOT. This word does not only refer to \u201cfornication\u201d. The Hebrew word z’not can refer to sexual immorality, usually by a woman, but it can have other meanings as well. <\/p>\n\n\n\n

This word can refer to one who is an idolater (Lev. 17:7; 20:5-6; Deut. 31:16) or to one that goes astray from YHWH (Ps. 73:27). In fact this word can be translated \u201cgoing astray\u201d:<\/p>\n\n\n\n

For, behold, they that go far from You shall perish;
You do destroy all them THAT GO ASTRAY from you.
(Ps. 73:27)<\/p>\n\n\n\n

Husbands hold the same kind of headship over their wives that Messiah holds over the Assembly:<\/p>\n\n\n\n

Wives be subject to your husbands as to our Adon,
Because the husband is the head of the wife,
Even as the Messiah is head of the Assembly; and he is the life-giver of the body.
But even as the Assembly is subject to the Messiah,
So also wives [should be subject] to their husbands in everything.
(Eph. 5:22-27 see also Gen. 3:16; Eph. 5:22-27; 1Cor. 11:3; 14:34-35; Col. 3:18; Titus 2:2-5; 1Kefa 3:1-7).<\/p>\n\n\n\n

(This authority must never be abused, as the husband is likewise commanded to love the wife, honor her, and treat her as a delicate vessel (Eph. 3:22-31; 1Kefa 3:1-7)).<\/p>\n\n\n\n

Just as the House of Israel was guilty of Z\u2019NOT because they had refused to recognize His headship, had gone astray and would not go as He directed, the wife who refuses to acknowledge her husband\u2019s headship \u201cgoes astray\u201d (Z\u2019NOT) and does not go as he directs. <\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Yeshua’s halacha on divorce is stated five times (Matthew 5:32; Matthew 19:9. Mk. 10:11-12 & Luke 16:18). At issue is the understanding of Deut. 24:1-4: 1 When a man has taken a wife, and married her, and it comes to pass that she find no favor in his eyes, because he has found an unseemly … Continue reading “Nazarene Halacha on Divorce”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"rop_custom_images_group":[],"rop_custom_messages_group":[],"rop_publish_now":"initial","rop_publish_now_accounts":[],"rop_publish_now_history":[],"rop_publish_now_status":"pending","footnotes":""},"class_list":["post-7964","page","type-page","status-publish","hentry"],"yoast_head":"\nNazarene Halacha on Divorce - NazareneSpace Blog<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"http:\/\/nazarenespace.com\/blog\/divorce\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"Nazarene Halacha on Divorce - NazareneSpace Blog\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"Yeshua’s halacha on divorce is stated five times (Matthew 5:32; Matthew 19:9. 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