To read the texts click on the texts: James5:9-12; Mk 10:1-12
The school of Hillel (60 BCE – 20 CE), permitted divorce literally for any cause – even if the wife spoiled a dish or if her husband found another fairer than his wife. However the school of Shammai (50 BCE – 30 CE) permitted it only for adultery.
In Deut 24,1-4 the institution of
divorce is taken for granted, & concerns only the procedure to be followed
and that after the woman has married a second time, the first husband cannot
remarry her. The Law of divorce was a concession not a commandment.
The question of the Pharisees is asked
by them in order to test Jesus. This attitude becomes clear when in their
response to Jesus’ question about what the law says on divorce, they seem to
know it quite clearly. In his response to them, Jesus quotes Gen 1,27 and 2,24
as arguments for a permanent state of unity created by marriage. Jesus goes
beyond the Law to Creation. Divorce according to the law of creation would
be like trying to divide one person into two. Mark’s formula is a near total
prohibition of divorce. Mt 19,9 contains the exception contained in 5,32 –
unchastity (Porneia, Hebrew-Zenût = prostitution) understood in the sense of an
incestuous union due to marriage in their forbidden degrees of kinship (Lev
18,6-18). Such a union would not be true marriage at all and would not require
a divorce but annulment.
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