Does the Sermon on the Mount say women may not divorce their husbands for adultery?

Question

31 “It has been said, ‘Anyone who divorces his wife must give her a certificate of divorce.’[f] 32 But I tell you that anyone who divorces his wife, except for sexual immorality, makes her the victim of adultery, and anyone who marries a divorced woman commits adultery. (Matthew 5, NIV)

It's common to see people say "obviously, this applies if the roles are reversed" but in a conservative/literal reading of the bible, we're on shaky ground to ever say "obviously it means X" if it doesn't explicitly say X.

From other commonly quoted verses on divorce, I do not find any situation where a woman is explicitly said to be able to divorce her husband. We have sections which say remarriage is adultery in any circumstances (no mention of infidelity):

10 And in the house the disciples asked him again about this matter. 11 And he said to them, “Whoever divorces his wife and marries another commits adultery against her, 12 and if she divorces her husband and marries another, she commits adultery.” (Mark 10, NIV)

I know Christians who adhere very strictly to the letter of what's written, and they would argue that while a man may divorce a cheating wife, she cannot divorce a cheating husband.

Are there verses I have missed? Is it valid to say we can interchange husband/wife here and if so why/why not?

Answer 1

If men are permitted to have more than one wife, then why would a wife need to have the right to divorce a man if he took another wife ?

Men are not permitted (by Jesus) to put away a wife. Which relates to however many wives they may have.

Paul allows of a woman separating from a husband (for whatever reason) but encourages reconciliation if possible. If not, she is to remain 'unmarried' after separation, 1 Corinthians 7:11.

Divorce ('putting away') is discouraged and one reason for this is that it almost always involves enforced eviction from the marital home.

Voluntary separation is another matter.

Answer 2

Dt. 24:1

When a man, after marrying a woman, is later displeased with her because he finds in her something indecent, and he writes out a bill of divorce and hands it to her, thus dismissing her from his house.

In first century Judaism, women did not have the right to divorce their husbands at all. Although Jesus was quite "progressive" in terms of uplifting women generally, on this particular issue, there is no record of his reforming the Law on this particular issue.

Moreover, we should be aware that, while Matthew's account makes an exception if the wife commits adultery, Mark and Luke do not. (Mark 10:11, Luke 16:18) Thus, in Catholic tradition, both men and women are not allowed to divorce, even on grounds of adultery. This article provides a historical summary on Christian doctrine regarding divorce, from the church fathers through the Reformation and beyond.

Conclusion: You have not missed any verses except for those which imply that neither the man nor the woman may divorce a cheating spouse. However the Sermon on the Mount does not directly address the issue of a woman's right to divorce.

Answer 3

This is a subject of considerable debate and discussion among scholars and theologians.

Matthew 5:31-32 (Sermon on the Mount):

31 “Furthermore it has been said, ‘Whoever divorces his wife, let him give her a certificate of divorce.’ 32 But I say to you that whoever divorces his wife for any reason except sexual immorality causes her to commit adultery; and whoever marries a woman who is divorced commits adultery.

This discusses the topic of divorce and shows the significance of marriage commitment. The phrase "except for sexual immorality" allows for a possible interpretation that divorce may be permissible in instances of marital infidelity. Notice that, as you said, the directive is explicitly focused on the scenario of men divorcing their wives, with no direct reference to women initiating divorce due to adultery.

In Mark 10:11-12:

11 So He said to them, “Whoever divorces his wife and marries another commits adultery against her. 12 And if a woman divorces her husband and marries another, she commits adultery.”

This text addresses the topic of divorce from the perspective of both husbands and wives. The passage specifies that if a woman divorces her husband and marries another man, she is considered to have committed adultery. The scripture does not explicitly cover the case where a wife divorces her husband due to his adultery. Furthermore, the text does not specifically state that a husband commits adultery if he remarries after a divorce, as it focuses on the scenario involving a wife's actions.

Views:

Some interpreters contend that the principles elucidated in these excerpts are equally applicable to husbands and wives, despite the fact that the language employed specifically addresses one gender. They assert that the overarching principles of marital fidelity, dedication, and the gravity of divorce pertain to both partners, irrespective of their gender.

On the other hand, there are those who may interpret these excerpts in a more literal manner, concentrating on the particular situations described and the language employed.

Ellicott's Commentary for English Readers

The words of the precept were vague—“If she find no favour in his eyes, because he hath found some uncleanness in her,” and the two school of casuists took opposite views of its meaning. The stricter party of Shammai held that the “uncleanness” meant simply unchastity before or after marriage. The followers of Hillel held, on the other hand (as Milton among Christian teachers), that anything that made the company of the wife distasteful was a sufficient ground for repudiation. Even a moralist generally so pure and noble as the son of Sirach, took in this matter the laxer view—“If she go not as thou wouldest have her, cut her off from thy flesh, and give her a bill of divorce, and let her go” (Ecclesiasticus 25:26). It is noteworthy that our Lord, whose teaching, especially as regards the Sabbath question, might have been, for the most part, claimed by the school of Hillel, on this matter of divorce stamps the impress of His approval on the teaching of his rival.

Culture:

Knowledge of the historical and cultural background is useful in interpreting biblical passages. During ancient Jewish society, men held the power to initiate divorce while women faced restrictions in terms of rights and legal options. So, Jesus' teachings on divorce may have aligned with the prevailing standards of the times.

Answer 4

We should recall that the subject of divorce is controversial and complex, not because of the theology but because of the passions involved. That is, humans have made marriage and divorce more complicated that it should be.

Now, Jesus' answer in Matt 5:31, 32 is very specific and does not address the question of divorce generally; ie, they do not cover the entire subject of divorce. Thus, we should not try to make Jesus' comments say more than they do.

Now, Roman and Jewish law is quite different from modern law. Roman and Jewish law was highly misogynistic and heavily slanted in favor of husbands. For example, it was quite common and accepted under Roman law that men could have a wife and one or more mistresses and even a "boy" (ie, catamite) who may have even been a servant in the house. Such behavior was quite forbidden for women. Further only men could divorce their wives; wives could not divorce their husbands. Jesus does not address Himself to this question.

Further, the excuse/pretext for husbands divorcing wives could be (and often were) very flimsy.

Under Jesus' and Paul's teaching the playing field was leveled. Let us examine this teaching:

• divorce is highly discouraged, Matt 19:6, 1 Cor 7:10-14, 16
• the only ground for divorce is sexual immorality, Matt 5:31, 32, 19:9
• people who divorce, on other grounds and remarry commit adultery, Matt 5:32, 9:9
• in some cases, separation without divorce (and without remarriage) is desirable, 1 Cor 7:11. This might be particularly appropriate where domestic violence is involved.

Note that in Paul's more general treatment of divorce, wives and husbands are treated equally in 1 Cor 7:1-16.

Answer 5

Great Question. I think I am one of the only ones who might be able to answer this. First, we just have to belive in God's Word, and it means what it says. I talked about this with Dr. David Instone-Brewer for a few years. He was very gracious to me. To answer your question on the woman initiating divorce. Ex. 21:10-11 says you are not to neglect your "slave wife" on food, clothing, or marriage rights (love). The Orthodox Jews seem to believe, as well as Dr. David Instone-Brewer, that there was the duties and responsibilities of a husband. Which seems logical. You can't just beat your wife or treat her as a slave without some sort of push back from the Jewish community. David believes, if the slave wife was afforded those requirements, then the free wife would also. And I would agree, in part. Yes, the man had a duty towards his wife, and scripture made the point that the man was not to neglect the basic elements for life and marriage.

But, to answer your question. NO. The Bible does not allow the woman to divorce. An important question to ask is, why was the woman not allowed to divorce her husband in the Old Testament. And once you have that answer, to ask, did that change in the New Testament. Or, is there a teaching by Jesus or His Disciples that say, women are allowed to divorce. The answer is NO. So, as you said, if it does not say it, we should not just assume women could divorce for adultery. Historically, women in Rome were able to divorce their husbands because they claimed to remain under their father's authority when married. And, that makes sense because why else would Mark tell women not to divorce and remarry (Mark 10:12). Josephus has some writings on a woman divorcing her husband (which led to the story of Harod having his brother's wife).

I studied contract law for a while. Wrote a book on it. The Jews believe marriage was a unilateral contract through the Bride Price. Acceptantce through performance, not promise for promise. The woman was bound to her husband because she was under the rule over her husband (Gen. 3:16, Romans 7:1-2, 1 Cor. 7:39). The woman was under the law of her husband. However, the Jews believe a woman could remarry if she was put away by her husband (Deut. 24:1). In contract law, that seems logical. The contract was terminated by the breach of agreement (covenant). Although covenants were made for life, unlike a contract, Moses made a stipulation that allowed all men to put away a wife (out of the home) for a violation against her "sexual performance" (what made her one flesh). Unilateral contracts (agreements) are usually unconditional agreements (promise for performance) since the woman can't breach her promise, however, unilateral contracts do have minor conditions in them. We see this in insurance contracts (unilateral contracts that have limitations and stipulations).

So, NO. The woman is not allowed to divorce her husband because just as the woman was forbidden in the Old Testament (authority) is the same rule (Romans 7:2) that she still falls under. We in America and Western cultures usually marry and make bilateral contracts that give the impression that either party can divorce for breach of contract, but marriage was never meant to be bilateral (woman given away by her father) Numbers 30:2-16. Matter of fact, under Coverture law at common law (starting 1650), women were mostly not allowed to divorce in England or the United States until after 1850. The Matrimonial Clause Act (1857) took the matrimonial matters away from the Ecclesiastical courts and gave it to their secular courts (Courts of Equity), allowing women to divorce for the first time (for adultery compounded by a second offence). This leaked over to America and by the 14th Amendment women used the equal clause to dismantle coverture and many other laws making it possible to work outside the home, own land, and initiate divorce (children were viewed as property of the father). So, women being allowed to divorce by the Church is also a fairly new invention.

I hope that helps. Please fell free to write.