The Jewish law of divorce is given in Deuteronomy xxiv. 1, 2:
“When a man taketh a wife, and marrieth her, then it shall be, if she find no favour in his eyes, because he hath found some unseemly thing in her, that he shall 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.”
This, especially as interpreted in Jewish tradition, had given a great liberty of divorce, which our Lord here abolishes or restrains. What we may truly call His legislation on this subject is repeated in St. Matthew xix. 3–9:
“And there came unto him Pharisees, tempting him, and saying, Is it lawful for a man to put away his wife for every cause? And he answered and said, Have ye not read, that he which made them from the beginning made them male and female, and said, For this cause shall a man leave his father and mother, and shall cleave to his wife; and the twain shall become one flesh. So that they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder. They say unto him, Why then did Moses command to give a bill of divorcement, and to put her away? He saith unto them, Moses for your hardness of heart suffered you to put away your wives: but from the beginning it hath not been so. And I say unto you, Whosoever shall put away his wife, except for fornication, and shall marry another, committeth adultery: and he that marrieth her when she is put away committeth adultery.”
Now leaving out of question the clause in both passages in which an exception seems to be made, we notice, first of all, that our Lord proclaimed, as a prominent law of His new kingdom, the indissolubility of marriage. And for us asChristians it is perfectly plain that not all the parliaments or kings on earth can alter the law of our Lord. And if any ministers of Christ, or persons claiming to represent the Church of Christ, ever dare to let the commandment of men, in however high places, override the law of Christ, they are simply behaving in a way which brings them under the threat which our Lord so solemnly uttered:“Whosoever shall be ashamed of me and of my words in this adulterous and sinful generation, the Son of Man also shall be ashamed of him, when he cometh in the glory of his Father with the holy angels.”[42] Beyond all question, for the Church, and for all who desire to call themselves Christians, it is absolutely out of the question to regard those as married who, having been divorced, have been married again, contrary to the law of Christ, during the lifetime of their former partner. It is quite true that this indissolubility of marriage may press hardly upon individuals in exceptional cases. But so does every law which is for the welfare of mankind in general; and, press it hardly or softly, the words ofour Lord are quite unmistakable. He who refused to legislate on so many subjects legislated on this, and the simple question arises whether we prefer the authority of Christ to any other authority whatever.
But, secondly, our Lord appears in both passages to make an exception, and the exception would seem to sanction, or, more strictly, not to prohibit, the re-marriage of an innocent man who has put away his wife for adultery.
Various attempts have been made to obviate the force of this exception.But to the present writer they do not commend themselves as at all satisfactory.[43] Chiefly it is pleaded that the exception does not appear in St. Luke’s Gospel or in St. Paul’s epistles where marriage is dealt with. But it is a law of interpretation that a command with a specific qualification is more precise than a general command without any specific qualification;and that the one where the qualification occurs must interpret the other where this qualification does not occur.[44]We must recognize also that in the undivided Church there was great difference of opinion on this subject, that in the Eastern Church at least the re-marriage of the innocent party has been allowed, and that, though not tolerated in the Western Church or in the canons of the English Church, the bishops of the Anglican communion assembled at Lambeth in 1888 have allowed its recognition. Their resolutions are as follows:—
“1. That, inasmuch as our Lord’s words expressly forbid divorce, except in the case of fornication or adultery, the Christian Church cannot recognize divorce in any other than the excepted case, or give any sanction to the marriage of any person who has been divorced contrary to this law, during the life of the other party.
2. That under no circumstances ought the guilty party, in the case of a divorce for fornication or adultery, to be regarded, during the lifetime of the innocent party, as a fit recipient of the blessing of the Church on marriage.
3. That, recognizing the fact that there always has been a difference of opinion in the Church on the question whether our Lord meant to forbid marriage to the innocent party in a divorce for adultery, the Conference recommends that the clergy should not be instructed to refuse the sacraments or other privileges of the Church to those who, under civil sanction, are thus married.”