Eric10/17/2012 4:21 PM
What is your basis for saying
domestic violence would be grounds for divorce? And why the distinction between
verbal and physical abuse? Neither is mentioned in the bible as reasons for
divorce.
Before getting to the
specifics, let’s review some broader considerations:
i) It’s a parody of sola
Scriptura to think sola Scriptura means we need direct biblical warrant for
whatever we do. Rather, Sola Scriptura means that we are obligated to believe
or do whatever Scripture requires, and obligated to disbelieve or refrain from
doing whatever is contrary to Scripture.
But there are many issues
where we have to use sanctified common sense.
ii) The argument from silence
is plausible in situations where, if something were the case, we’d expect it to
be mentioned. But the argument from silence has no forces in situations where
no reasonable expectation to that effect exists.
iii) A society has unwritten
rules as well as written rules. An unspoken understanding of social
expectations, based on cultural osmosis. Something you pick up through
observation.
Some things aren’t written
down because they are so obvious or familiar that everyone knows the score
without being told. For instance, the Bible doesn’t prohibit torturing children
for fun. That doesn’t mean it’s okay to torture children for fun.
iv) This also figures in
communication. Writers leave many things unsaid because they can rely on
cultural conventions.
v) Law typically deals with
frequent rather than infrequent behavior.
vi) Apropos (v), biblical law
is illustrative or paradigmatic rather than exhaustive. Biblical law doesn’t
spell out every possible contingency:
Modern societies generally
have opted for exhaustive law codes. That is, every action modern society
wishes to regulate or prohibit must be specifically mentioned in a separate
law…By this approach, all actions are permitted that are not expressly
forbidden or regulated. Thus it is not uncommon that criminals in modern
Western societies to evade prosecution because of a “technicality” or a
“loophole” in the law…
Ancient laws didn’t work
this way. They were paradigmatic, giving models of behaviors and models or
prohibitions/punishments relative to those behaviors, but they made no attempt
to be exhaustive. Ancient laws gave guiding principles, or samples, rather than
complete descriptions of all things regulated. Ancient people were expected to
be able to extrapolate from what the sampling of laws did say to the general
behavior the laws in their totality pointed toward. Ancient judges were
expected to extrapolate from the wording provided in the laws that did exist to
all other circumstances and not be foiled in their jurisprudence by any such
concepts as “technicalities” or “loopholes. When common sense told judges that
a crime had been committed, they reasoned their way from whatever the most
nearly applicable law specified to a decision as to how to administer proper
justice in the case before them.
“Excursus: The Paradigmatic
Nature of Biblical Law,” D. Stuart, Exodus (Broadman 2006), 442-43.
The same reasoning applies to
NT household codes and other paraenetic material.
vii) Suppose a newlywed
discovers that her husband is a serial killer. He’s been married before. His
wives die in mysterious accidents. He collects their life insurance, changes
his identity, then remarries–repeating the cycle.
Even if this were valid
grounds for divorce, we wouldn’t expect the Bible to discuss it because this is
so unusual.
Jesus answers a question
about divorce (Mt 19:3), while Paul discusses divorce in relation to mixed
marriages (1 Cor 7). These are responses to specific questions or particular
situations. We know the grounds for divorce and remarriage in those cases
because a question was asked, or a particular situation in the NT churched
occasioned an explanation.
Scripture might be silent on
other grounds for the simple reason that there was no occasion to discuss other
grounds, given the needs of the immediate audience.
viii) Jesus had two
contrasting criticisms of the religious establishment. On the one hand, he
attacked the religious establishment for being too lax. It would invent
loopholes to evade God’s law.
On the other hand, he also
attacked the religious establishment for being too strict. It would woodenly
enforce the law without regard to the purpose of the law.
These might seem to be
contradictory criticisms, but they identify a common error: the religious
establishment didn’t take seriously the intent of the law.
Therefore, we can’t just play
it safe by sticking to the letter of the law. That might seem to be faithful,
but Jesus has taught us that this kind of superficial obedience can be the
opposite way of flouting the law.
Not all laws are equally
obligatory. Some laws are given for the sake of other laws. Sabbath-keeping
exists to promote human flourishing. But there are emergency situations where
keeping the Sabbath is detrimental to human flourishing.
ix) Both divine and human
intent are germane to genuine compliance. For instance, sacrifice offered
without right intention invalidates the offering (Hos 6:6; Mt 9:13; 12:7).
Likewise, some vows are
unlawful vows (Mt 15:1-9; Mk 7:1-13). By the same token, some vows could be
nullified (Num 30:5,8).
x) The Bible deploys a
fortiori arguments from analogy, viz.
15 Then the Lord answered
him, “You hypocrites! Does not each of you on the Sabbath untie his ox or his
donkey from the manger and lead it away to water it? 16 And ought not this
woman, a daughter of Abraham whom Satan bound for eighteen years, be loosed
from this bond on the Sabbath day?” (Lk 13:15-16).
9 For it is written in the
Law of Moses, “You shall not muzzle an ox when it treads out the grain.” Is it
for oxen that God is concerned? 10 Does he not certainly speak for our sake? It
was written for our sake, because the plowman should plow in hope and the
thresher thresh in hope of sharing in the crop (1 Cor 9:9-10).
xi) In discussing divorce and
remarriage, Jesus grounds his position in the nature and purpose of marriage.
Therefore, that’s a relevant background factor when we consider possible
grounds for divorce.
At the same time, Jesus
response isn’t meant to be exhaustive. He’s discussing the issue in a Jewish
context, with reference to OT law and common law.
If we were to give a fuller
description of the nature and purpose of marriage in Scripture, that would
include the following:
a) Marriage is a covenant
b) To procreate the image of
God
c) To provide a unique kind
of companionship
d) To illustrate God’s
devotion to the redeemed
xii) For instance, suppose a
spouse enters into marriage with no intention of having kids. His intention not
to have kids defies (one of) God’s intention for instituting marriage in the
first place.
So that might be grounds for
divorce. The intentions of both the divine and human parties are germane to the
validity of the arrangement. If the human party makes a mockery of the
institution by contracting a marriage in defiance of God’s design for marriage,
one could argue that his marriage lacks divine authorization.
Likewise, suppose one party
deceives the other party, when he or she has no intention of having kids. That
might also be grounds for divorce. That would be a fraudulent agreement. By
analogy, if you lack right intention when you offer sacrifice, that invalidates
the sacrifice. Your hidden motives give the lie to your outward actions.
I’m not presenting a
full-blown argument for these two examples. I’m just giving two examples to
illustrate how one might argue grounds for divorce. Citing relevant
considerations.
xiii) In application to the
specific issue at hand:
a) Domestic violence is a
travesty of what marriage represents, in terms of companionship as well as the
emblematic significance of marriage (i.e. to illustrate God’s devotion to the
redeemed). It’s the antithesis of how marriage is supposed to function (e.g. Eph 5:22-33).
b) Breach of covenant can
nullify a covenant if one party fails to honor the terms of the covenant. And
this isn’t the case of a spouse who makes a good faith effort, but falls short
due to sin. Rather, this is acting in bad faith.
c) There is also an argument
from analogy. A battered slave could be manumitted (Exod 21:26-27). A fortiori,
a battered wife can divorce her husband. What’s true in the lesser case of a
slave is true in the greater case of a wife, for a wife has greater rights than
a slave.
As I’ve noted, scripture uses
a minore ad maius arguments.
xiv) My aim is not to present
a full-blown argument, but to show how we ought to frame the issue. The sorts
of factors relevant to considering grounds for divorce.