A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 31: Matt. 19:4-6; _cf._ 5:31, 32, and Mark 10:6-9. This
doctrine is laid down in reply to the Pharisees who "tempting
him" ask: "Is it lawful for a man to put away his wife for every
cause?"--doubtless having in mind the teaching of the school of
Hillel. When Jesus declares that "what therefore God hath joined
together, let not man put asunder," they further demand: "Why
did Moses then command to give a writing of divorcement, and
to put her away?" To which "he saith unto them, Moses because
of the hardness of your hearts suffered you to put away your
wives; but from the beginning it was not so." Thus, it may be
suggested, Jesus admits that legally the followers of Hillel--the
"broad constructionists"--are right in their interpretation;
while morally he sides with the school of Shammai. See n. 2, p.
13, above. _Cf._ however, the specious assertions of WOOLSEY,
_Divorce_, 58.]
[Footnote 32: By the Jewish law, of course, the woman had no
right to divorce her husband for any cause; the man putting away
his wife could take other wives; and the woman divorced for
adultery--the only cause of separation contemplated by Jesus--was
stoned to death. _Cf._ GEFFCKEN, _Ehescheidung_, 17; and WOOLSEY,
_op. cit._, 59 ff., 70 ff., who holds that the words of Jesus
apply to the wife equally with the man, and that the innocent,
though not the guilty, party may marry again, sustaining his
position, as he fancies, by reference to Paul in 1 Cor., chap.
7. For a fair sample of theological special pleading see BROWNE,
_Marriage of Divorced Persons in Church_, 30 ff.]
The utterances of Paul on this subject,[33] as on all questions
connected with marriage and the family, are of the highest
importance in view of their historical consequences. Referring
directly to the teaching of Jesus, he first seemingly denies the
right of divorce to either party. With Mark and Luke he omits
the exception mentioned by Matthew; and with Mark he expressly
forbids the wife to "depart from her husband," adding, however,
the inconsequent and bewildering command, "if she depart, let her
remain unmarried, or be reconciled to her husband." Here apparently,
where both persons are believers, separation _a mensa et thoro_
is approved. Whether in such case this is the only Christian
form of divorce allowed either party, however grave the cause of
separation;[34] or whether his rule applies to the woman only, and
then merely when some lesser ground of action exists, the Apostle to
the Gentiles fails entirely to place beyond the field of debate.
[Footnote 33: 1 Cor. 7:8-16.]
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