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A Closed Case?

For many New Testament readers the issue about divorce and remarriage is a closed case. Well, that is if you read Christian (mis)translations which have tortured many victims with shame and unhappiness for centuries. An all out prohibition on divorce and remarriage seems all so clear cut according to the following verses.

"And he saith unto them, Whosoever shall put away his wife, and marry another, committeth adultery against her. And if a woman shall put away her husband, and be married to another, she committeth adultery. " - Mark 10:11-12, KJV "He answered, "Anyone who divorces his wife and marries another woman commits adultery against her. And if she divorces her husband and marries another man, she commits adultery." - Mark 10:11-12, NIV

"Whosoever putteth away his wife, and marrieth another, committeth adultery: and whosoever marrieth her that is put away from [her] husband committeth adultery." - Luke 16:18, KJV "Anyone who divorces his wife and marries another woman commits adultery, and the man who marries a divorced woman commits adultery." - Luke 16:18, NIV

Poor Translations

While older bibles use the idiom "put away" the newer ones leave no ambiguity, rendering the same as "divorces". However "divorce" is absolutely a mistranslation and "putting away" doesn't exactly explain what the marital status actually is. In fact the context here clearly reveals it is speaking about married persons who are not yet divorced - since legally, adultery is a charge that requires that at least one of the suspects be married.

Mark and Luke convey a slightly truncated version of Rabbi Yeshua's teaching on this subject compared to Matthew's report which provides more context. But again we also run into some mistranslation in Matthew by the Christian bibles. The first thing is that both the KJV and NIV contain "but" as if the Rabbi is now contradicting the clear teaching of the Torah. However the Aramaic does not say "but" but rather "therefore" as a confirmation of what is taught in the Torah.

"It hath been said, Whosoever shall put away his wife, let him give her a writing of divorcement: But I say unto you, That whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery." - Matthew 5:31-32, KJV "It has been said, 'Anyone who divorces his wife must give her a certificate of divorce. But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become an adulteress, and anyone who marries the divorced woman commits adultery." - Matthew 5:31-32, NIV

Notice how the KJV provides differentiates between "put away" and "divorces" while the NIV makes no attempt at distinction? Are all these underlying words in the original language the same? Not at all. In fact the only place where the original actually says "divorce" is in the construction "certificate of divorce" and no where else, neither in Mark or Luke. Here is the same passages from the Aramaic Peshitta text.

"It has been said, that, he who breaks up (שרי) with his wife shall give to her a certificate of divorce (דוללא).  Therefore I am telling you that anyone who suffices with breaking up (שרי) with his wife, except in the case of her running around, forces her to commit adultery, and he who takes such an abandoned (שביקתא) woman  commits adultery." - Matay 5:31-32

The Aramaic New Testament Brings Clarity

This is a reinforcement of the need to issue a divorce certificate and not to just leave the woman in legal limbo when her husband no longer desires her - a "break up" or "break down" in relations, which can be repaired without remarriage, is not considered the same as a "divorce", which can not be repaired without remarriage. The exception is in the case of adultery, for which no certificate or formal divorce is necessary. Adultery is a crime already punishable by death, and the death status legally ends any marriage contract. But let's have a look at the real meaning of the original Aramaic words.

שרי = to be loosened, dissolving, breaking up, turn away, grow apart, weakening (yet legally married)

דוללא = to be detached, relinquishing rights, to sell off, lit. to close the door (legally divorced)

שביקתא = to be abandoned (yet legally married)

This exhortation, to not marry until a divorce is legally authorized, is repeated in Mark and Luke in the Aramaic Peshitta.

"And he said to them, Anyone who breaks up with his wife and takes another commits adultery. And if a wife should break up with her husband and become the wife of another, she commits adultery." - Marqos 10:11-12

"Anyone who breaks up with his wife and marries another commits adultery and anyone who marries an abandoned woman commits adultery." - Luqa 16:18

The Light Yoke of Rabbi Yeshua

Interestingly, in the Old Syriac text, a revision of the Peshitta, the scribe felt the need to add into Mark 10:11 the supplementary "and any man who divorces his wife and takes another commits adultery" which serves as confirmation, that even at that time, "putting away" a spouse was not considered to be divorce. While Rabbi Yeshua admonishes spouses to repair their damaged relationships (Mark ch. 10), that is to overcome their hard hearts, and attempt to preserve their ordained marriages, he none the less recognizes the right to divorce. But he warns that dysfunctional marriages are not justification for adultery. A legal divorce must precede any remarriage or else something far more regrettable will take place. 

The truth declares freedom for those trapped in destructive marriages and hope for a chance at a better more peaceful nuturing life. There is no condemnation for those who have divorced and no prohibition on remarriage for ex-husband or ex-wife. Once again the original Nazarene faith lifts the heavy burdens others, who were unauthorized, put upon the sincere and the righteous. The right to not be forced to live alone and unsupported continues to be upheld.