- “No Comment” View - Jesus sets aside Jewish debates over the grounds for divorce in the OT (Deut 24). Because Jesus is revoking the OT concession on divorce, he brackets the whole issue and sets it off to the side as irrelevant. Thus “except for unchastity” means “regardless of the OT grounds for divorce”. Jesus refuses even to comment on Deut 24:1. To do so would blunt the force of his own teaching, since he is not clarifying or reaffirming Moses permission, he is abolishing it.
But, as I was pointing out earlier – He is being asked the question maliciously in the territory of Herodias and Herod; (Eg: incest and or adultery; cf. John the Baptist)
The particular exception clause only occurs in this particular geographic place, with those as contemporaries; In other places in Matthew, and the other Gospels the exception is not mentioned.
I find it difficult to accept that this is mere coincidence;
Deute 24:1 εαν δε τις λαβη γυναικα και συνοικηση αυτη και εσται εαν μη ευρη
χαριν εναντιον αυτου οτι ευρεν εν αυτη
ασχημον πραγμα και γραψει αυτη βιβλιον αποστασιου και δωσει εις τας χειρας αυτης και εξαποστελει αυτην εκ της οικιας αυτου
Deute 24:1 If a man take a wife, and have her, and she find not
favour in his eyes, for some
uncleanness: he shall write a bill of divorce (biblon apostacy), and shall give it in her hand, and send her out of his house.
The specific terms in the Greek for divorce is “book(let) of apostacy”; which being the term for divorce is also the term for disparity of cult. The particular word for “uncleanness” carries the idea of “deed” (Pragma) and the other part shows up in Deute 25:3; Ezekiel 23:29; and carries the sense of confusion/shame/disgrace.
So Deute says,
if a man take a wife, and she find not grace (a reciprocal relationship) in his eyes which find in her shameful deed(s), and [a man] write to her [a] booklet of apostacy and give-it into the hand of-her and send her out of his house.
So that it is for the “action” of the wife that divorce is permitted;
Ezeki 23:29 And they shall deal with thee in hatred, and they shall take away all thy labours, and shall let thee go naked, and full of disgrace, and the disgrace of thy fornication (pornea) shall be discovered, thy wickedness, and thy fornications.
Ezeki 23:30 They have done these things to thee, because thou hast played the harlot with the nations among which thou wast defiled with their idols.
…
Which is identical to that used in Matthew. The fornication is something which is “unveiled”; and the reference to naked also refers to sexual sin in Jewish idiom; so much so – that I think Moses clearly is indicating some kind of Sexual sin that the husband can’t tolerate; not mere lack of beauty or some such but shameful behavior.
Given that, I don’t think it makes much sense that Jesus would be setting aside moses’ grounds for “divorce”; any truly “shameful practice” of the wife would necessitate a man getting rid of her. Moses allowed you divorce because of your hardness of heart then, would seem to be applicable to the wife’s unwillingness to change idolatrous/adulterous practices as well as an unforgiving husband.
The interpretation of the Scribes in Jesus’ day may not coincide with that which Moses actually proposed; But the issue is, if Moses actually meant an idolatrous or disparity of cult wife (apostate); then it isn’t Moses’ law which needs set aside – but the interpretation of the Pharisees of Jesus’ day. Otherwise, setting aside – would seem to sanction a man staying married to a woman who refused normal sexual relations without perversion of some kind.
The “setting aside” interpretation appears risky apologetically speaking; when comparing to the teaching of the Catholic Church and her practice throughout the centuries. It may rest on a misinterpretation of Moses and Jesus; (I’m not certain it is, but the potential is visible in a cursory reading of the Greek.)
One has to show that Moses’ grounds for divorce aren’t in fact those of a null Jewish marriage (disparity of cult). It might be possible that the woman repent in the future, and in marrying another they have the same religious understanding of sexuality; but refuse it to her first husband for unknown reasons; (Some wives taken by Moses’ Jewish peers were captives from other religions, so refusal to be a slave wife or contraceptive practice also seems possible…)
Without being certain of Moses reasoning for divorce being erroneous, it is difficult to say why Jesus would refuse to talk about it. “Hardness of Heart” refers to disobeying of God’s law, therefore – divorce is given for disobeying God’s law is another way to understand Jesus’ statement.
What do you think?