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Posted by: Pastor_Don_Milton on Jun 22, 2007 - 12:41 AM

I apologize in advance for the briefness of this
article. I will be expanding on it within a few months at most. There are many
more reasons than the ones I have presented here that prove there are times when
divorcing a wife without any sin on her part is permissible, even righteous.
Take the example of a young man who has been married only a few months when he
is brutally mutilated, his sexual organs removed and his tongue cut out. Should
his twenty year old bride be denied a divorce and a remarriage for as long as the
husband is alive? To answer that, we must ask Jesus' purpose in requiring a
reason for divorcing a wife. Was his purpose to protect women or was it to cause
them extreme anguish? Was His reason for saying that a man may not divorce his
wife unless she committed fornication to destine a righteous wife to a life of
misery? The husband who has been mutilated has already been given that destiny.
God forbid that the butchers who mutilated him should be given the power through
a false application of Scripture to deny his young bride a divorce and
remarriage. Would it be cruel for a wife to accept a divorce from such a
husband? It depends on what you mean by cruel. From whose perspective? Could a
wife who was forced to continue in a marriage where the husband could not meet
his sexual obligations to her retain her chastity? It is doubtful. If,
therefore, it is likely that the husband would be rendered an unwilling witness
to his wife's adulteries, would it not be better that he divorce her before the
adultery take place before his very eyes? Better that she should appear cruel by accepting a divorce
from him than become an adulteress.
I'm sure you can think up many more verses that give permission in
such circumstances to the husband to provide his wife a Bill of Divorcement. One
such verse would be Luke 14:5 where Jesus "answered them, saying, Which of you
shall have an ass or an ox fallen into a pit, and will not straightway pull him
out on the Sabbath day?" Honoring the Sabbath is one of the Ten Commandments and
yet Jesus says it can be broken to do certain types of good. In that light,
let's proceed with this study, and again, I apologize that this article could
not be provided to you in a more thorough fashion but it is of such great
importance that even in this abbreviated form I felt it needed to be published.
I pray that no reader will think that this gives them or anyone else permission
to divorce. I do not have the power to permit or forbid divorce. A husband is
the only one who can divorce and the Lord provides us the Bible which each of us
must read in humility and come to our own conclusions as to when a husband can
actually provide a Bill of Divorcement.
Can a Woman Divorce Her Husband?
Can a woman divorce her husband? This question
involves the very nature of marriage which is a metaphor for our relationship
with our Lord Jesus but before I give the long answer to this question I'll give
you the short answer and some alternatives.
No, a woman may not divorce her husband. A woman may leave her
husband and a woman may ask her husband to divorce her but she may not divorce
him. [This is because a marriage is a unilateral contract. I'll discuss this
later in this article.]
Paul makes this understanding of marriage in Romans 7:3 when he
writes:
"So then if, while [her] husband liveth, she be married to another man, she
shall be called an adulteress: but if her husband be dead, she is free from that
law; so that she is no adulteress, though she be married to another man."
So if a woman can't divorce her husband then what are
her options when she is married to a man who is unwilling to treat her as a wife
or to a man who has defiled himself? Let's take the simplest case; a woman who is married to a man
who has defiled himself. In such a case it would not be surprising that a wife
would no longer want sexual relations and if she did not want any further sexual
relations with the defiled husband then she would be left in a horrible
situation of being married but with no outlet for her sexual needs. Here are
some examples of defiled men from which such a wife might want a divorce. The penalties
for these defilements are also given.
A husband who has defiled himself sexually by laying carnally with another
man's wife. [An adulterer]
Penalty: Death by stoning for the man as well as for the other man's wife.
[Leviticus 20:10]
A husband who has defiled himself sexually by laying carnally with the widow of
his father.
Penalty: Death for both the widow and for the stepson. [Leviticus 20:11]*
A husband who has defiled himself sexually by laying carnally with the widow of
his son.
Penalty: Death for both the widow and for the father-in-law. [Leviticus 20:12]*
A husband who has defiled himself by laying with a man as with a woman. [A
homosexual - The Bible calls this an abomination and calls such men dogs.]
Penalty: Death
Penalty [Leviticus 20:13]
A husband who has defiled himself sexually by laying carnally with both a woman
and her daughter.
Penalty: Death by fire for both the man and the two women. [Leviticus 20:14]
A husband who has defiled himself by laying with an animal. [The Bible calls
this confusion.]
Penalty: Death [Leviticus 20:15]
These are clear cases of defilement and the complete list is much
longer than this. If a woman asked her husband to give her a Bill of Divorcement
in such cases she would not be sinning nor would the husband be sinning by
giving her a Bill of Divorcement. Jesus
forbade men to give a Bill of Divorcement for the hardness of their hearts but
He did not forbid them to give a Bill of Divorcement out of the tenderness of
their hearts. In a moment of tenderness for a wife, a wife who does not deserve a
defiled husband, the defiled husband may even desire to give his wife a Bill of
Divorcement. If we were living in a righteous nation, a nation that followed
God's laws and carried out God's punishments, the wives of such men
would not have to seek a Bill of Divorcement since their husband would be put to
death and the wives would then be free to remarry. A defiled husband in virtually
every country escapes the death penalty so he certainly has no cause to
cry injustice if his wife uses extreme tactics to get him to provide her
with a Bill of Divorcement. If God had His way, the man would be given the death
penalty.
There are other types of men who have not defiled themselves but
who are incapable of providing their wives with their marital rights. Wives
would not be sinning to ask such men to provide them with a
Bill of Divorcement. Here is a short list of some men who are incapable of
providing sexual satisfaction to their wives.
Men whose schizophrenia or other mental impairment results in violent behavior.
Men who are chronic alcoholics or drug addicts.
Men who are physically abusive.
Situations that fall short of what I have described above require a
serious analysis before a wife asks for a Bill of Divorcement. The last thing that any man or woman wants is to find themselves party to
a divorce which should never have occurred, for once a woman is divorced she
cannot remarry her former husband if she has had sexual relations with another
man. [Deuteronomy 24:1-4]
To sum up, I've shown here that even though a woman can't divorce her
husband she can righteously pursue a Bill of Divorcement and in Western nations
it is very easy for her to make life intolerable for a husband if he refuses to
provide it. Now I'll explain why a woman cannot divorce her husband.
Marriage is a unilateral contract in that it involves three things:
Payment, Acceptance, and Possession:
Payment: Bride's Price
Acceptance: Father Gives the Bride Away. In the case of a father with a
deflowered virgin he is required to give the daughter in marriage or he will be
guilty of prostituting his daughter. "Do not prostitute thy daughter, to cause
her to be a whore; lest the land fall to whoredom, and the land become full of
wickedness."Leviticus19:29 The word which is transliterated as "chalal" and
translated into English in the King James as the verb "prostitute" is translated
more accurately in the Strong's concordance: to profane, make common, defile,
pollute, to violate the honour of, to dishonour, to violate (a covenant), to
treat as common. It would be impossible for a father to remain in good
standing with his community if he did not give his daughter in marriage to the
man who deflowered her for that would mean he was planning to give a defiled
daughter to some other future husband for she would be defiled to anyone other
than the first. He would be forcing her to be profaned. The sad fact is that
nearly every church and nation of the world has fallen into this wickedness but
nations have the authority to enforce God's laws and they must use severe action
such as the threat of corporal punishment when a man refuses to declare a woman
to be his wife after having taken her virginity or when a father refuses to give
his daughter in the same instance. Proverbs and many other scriptures can be
used for the basis of demanding punishment of those who allow the land to be
defiled.
Possession: Sexual Union
Whether the sexual union takes place before the payment and acceptance or
afterwards, God's law requires that indeed the man declare the woman to be his
wife. Only when the sexual union under discussion here was between a believing
man and a heathen woman would it be deemed fornication. (See Ezra 10:10-11 on
the invalidity of marriages between believers and heathens.)
Exodus 22:16 And if a man entice a maid that is not betrothed, and lie with her,
he shall surely endow her to be his wife.
Marriage is a Unilateral Contract
As in all unilateral contracts, only the one who has made payment
can release what he has made payment for, in this case, a wife.
Marriage
includes two additional stipulations to this unilateral contract.
1.) The man is required to provide the woman with her marital rights; food,
clothing, and sex. [Exodus 21:10]
If the man refuses to provide the woman with her marital rights;
food, clothing, and sex, then he is required to release her but it is his
decision, not hers. He is the only one who can issue a Bill of Divorcement. A
woman who has been defrauded can do her best to influence such a man with
whatever legal means she has at her disposal but she cannot divorce him because
she does not possess him any more than an arm possesses the body. Furthermore, a
righteous community would impose severe measures against any man who refused to
provide conjugal duties to his wife. Thirty-nine stripes with a whip would be
appropriate in such cases and it may require no more than the threat of such
action by those who have the authority to take action in order to get him to
give his wife the affections she is due.
2.) The woman belongs exclusively to the man.
The man may divorce a wife who puts herself in situations by speech
or action which increase the likelihood that she will not be exclusively his. A
wife who seeks the advice of other men in regards to her marriage is fornicating
for she is looking up to another man for advice. This is why I refuse to counsel
married women. The Bible clearly forbids this. [1 Corinthians 14:35] " And if
they will learn any thing, let them ask their husbands at home: for it is a
shame for women to speak in the church."
It's sad that marriage is so misunderstood that Christians must
re-learn what their own Bible teaches them. Custom and tradition now overshadow
the marriage ceremony to the point that the simplest of transactions has been
made complex by ministers who seek to inject their own hocus pocus when even the
ceremony is not required. Payment, Acceptance, and Possession are all
that's required for a marriage to be valid. Woman was made for man, not man for woman despite the confused ideas of
men who think that they are God's gift to women. The first step toward wonderful
friendships and wonderful marriages is to understand what is taught by the Bible
and to follow it. Most men will agree with me that women are God's most
beautiful creation and that most of them will live up to their title, helpmeet.
Learning what the Bible says about our relationships is the first step in making
sure that we do the right thing when our marriages, courtships, and friendships
are strained.
Additional references are:
Matthew 19:8,9 Note: Copyright 2007 - Pastor Don Milton - All Rights Reserved
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