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AN EXAMINATION OF THE EXCEPTION CLAUSES
IN THE DIVORCE PASSAGES OF MATTHEW
IN LIGHT OF THEIR DISPENSATIONAL CONTEXTS

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By
Pete Heisey, Romania
poheisey@mail.dnttm.ro

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VIII. The Exception Clauses Are Dispensationally Limited In Light Of The Exegesis Of Matthew 5

In the structure of Matthew's gospel, one finds his presentation of Jesus Christ as the promised Messiah and King of Israel. He quotes many Old Testament prophesies as being fulfilled by Jesus Christ as part of the proof for Christ's Messiahship. The following brief outline displays this divine design in the structure of Matthew's writing: (1) The Preparation of the King (chapters 1-4), (2) The Preaching of the King concerning the Kingdom of [from] Heaven (chapters 5-7), (3) The Proof of the King (chapters 8-9), (4) The Program of the King (chapters 10-18), (5) The Pronouncements of the King (chapters 19-23), (6) The Predictions of [by] the King (chapters 24-25), (7) The Passion of the King (chapters 26-27), (8) The Power of the King (chapter 28).

In chapter four, Jesus begins to preach that the kingdom of Heaven is at hand (Matthew 4:17,23). As has been shown previously, this concept is a decidedly Jewish one. From the above mentioned outline, the exception clause is seen to occur in a section describing the preaching of Jesus concerning the kingdom of Heaven. Thus it is not surprising to find that Jesus is explaining a specifically Jewish concept regarding divorce. This is further proven by the specific contextual clues in Matthew chapter five.

In Matthew 5 (as well as the entire Sermon on the Mount) one finds a passage in which Jesus explains the laws of life in the Kingdom of Heaven (Matthew 5:3,5,10,19,20). As the reader arrives at verse 17, Jesus makes a very clear statement about His ministry of truly fulfilling the Law. Jesus also makes clear assertions regarding God's universal, trans-dispensational standard of holiness and righteousness (Matthew 5:20,48).

Seen in the light of this Jewish legal milieu, it is not surprising to find a series of six antitheses in Matthew 5 which contrast Jesus' teaching with that of the Law, or which contrast His teaching with the misinterpretations of the Law by the Pharisees (cf. Matthew 5:20). In the first antithesis, for example, Jesus contrasts the misunderstanding of the Law, with His correct interpretation (Matthew 5:21-22). Of course there are other New Testament Scriptures which teach that the concepts outlined by Jesus in this antithesis are indeed for us today. But Matthew 5:21-22 specifically refers to Jesus' interpretation of the Mosaic Law and more specifically to one of the ten commandments. Jesus essentially follows this same procedure with each of these antitheses. Attention must be paid, however, to the second antithesis which occurs in verses 27 and 28. Here, Jesus contrasts His understanding of the seventh commandment with the rather superficial understanding that the Scribes and Pharisees had of it. If lust is seen as a breach of the seventh commandment, "adultery in the heart" (Matthew 5:27-30; cf. Exodus 20:17 with Deuteronomy 5:21 and Exodus 20:14 with Deuteronomy 5:18), it is not surprising to find divorce condemned in similar terms (Matthew 5:31-32). The divorce saying in Matthew 5:32 is one in which Jesus draws a contrast between the interpretations of the "men of old" (or what had been "said in ancient times") and either His own teaching or His correction of the misinterpretations of the "men of old." Matthew apparently wants us to understand that Jesus' teaching on divorce is concerned with thoughts and actions that violate the spirit of the seventh commandment. This is structurally suggested by the link between Matthew 5:27-30 and Matthew 5:31-32 established by "de" (verse 28 with verse 31, 32). This is lexically and linguistically suggested by the occurrence of "moicheu-oo" ("to commit adultery") and its cognates which are found in Matthew 5:27, 28, and 32.

There may be something unique about the formulation of the antithesis here in Matthew 5:31 in distinction from the other five antitheses in the Sermon on the Mount. This is suggested by the shortening of the formula "Ye have heard that . . . " to "It hath been said . . . " This is confirmed in the Greek expressions also. The significance of this is that it seems to confirm that Jesus is in fact giving the correct interpretation of the Mosaic Law, rather than primarily giving some sort of permanent principle. His correction in the verse involving the exception clause is not necessarily presenting an antithesis between Moses' teaching and Jesus' permanent, post-Law teaching. Rather, His correction is giving a contrast between the Pharisees' misunderstanding of the Mosaic teaching and Jesus' proper explanation of the Mosaic teaching.

Verse 31 begins with the phrase, "It hath been said,". The Greek word "de" is not translated since it is connected syntactically with the "de" ("but") found in verse 32. The conjunction "[h]oti" ("that") is also left untranslated because it is used pleonastically in citing another's words; it is also connected syntactically with the "[h]oti" ("that") of verse 32. The verb [verb phrase in English], "It hath been said," is an aorist passive indicative which implies that either the Pharisees said this or the Mosaic Law said this (or possibly both). One question which needs to be answered is, "Who said this?", or "Where was this quotation taken from?". The only logical answer is that it is taken from Deuteronomy 24 (cf. Matthew 19:7). There are no other passages in the Old Testament which specifically permit putting away and command a writing of divorcement.

Verse 31 continues with the phrase, "Whosoever shall put away his wife,". This reflects the aorist active subjunctive ("apoloosee") used as a type of dramatic aorist - present or future certitude expressed with the aorist tense. It is subjunctive because of the controlling subjunctive idea in "[h]os an" ("whoever," "if anyone"). The next phrase, "let him give [aorist, active, imperative] her," reflects the necessity of and gives the Mosaic Law regulation for a Jewish man in divorcing his wife. He is told by the Law in Deuteronomy 24:1-4 that he must give her a "writing [written bill, written deed] of divorcement" ("apoloosian"). The rabbis said this was possible "for any cause" (though the school of Shammai said, "for the cause or ground of adultery")(see verse 32 and Matthew 19:3).

The resultant meaning of the verse is that the Law of Moses said that divorce was permissible (but for one and only one cause). Divorce was strictly regulated in Deuteronomy 24:1-4 including the necessity of giving the woman a written bill of divorcement. However the rabbis said that there were either many acceptable grounds for divorce, or perhaps only one acceptable ground for divorce (adultery). Jesus points out in verse 32 that both of these understandings of the Mosaic permission/concession for divorce were wrong.

For the purposes of this study, an examination of the last part of Matthew 5:32 (regarding remarriage) will not be made. Suffice it to say that the last part of Matthew 5:32 clearly teaches that anyone who marries a person who is divorced commits (at least at that moment) the sin of adultery (cf. Luke 16:18; Romans 7:2-3).

In Matthew 5:32, Jesus proclaims a contrast between the liberal understanding of the place where something "has been said" concerning divorce and the Divine intent and interpretation of the passage (in Deuteronomy 24). He begins by saying, "But ["de"] I [emphatic] say unto you,". Now He is about to give the true interpretation of the Old Testament passage regarding divorce. Jesus says that "whosoever shall put away his wife" (see the explanation above regarding this phrase), "saving for the cause of fornication," causes his wife to commit adultery. This "exception" clause, "saving for the cause of fornication," has been the cause of much misunderstanding and misinterpretation (and misapplication!) of the Scriptures in the matter of divorce. The phrase "saving for the cause of fornication" (parektos logou porneias - except for the [one] cause [ground - singular] of [which is] fornication) in Matthew 5:32 may be or seems to be a bit clearer than the Matthew 19:9 phrase "except it be for fornication" (mee epi porneia). Consequently, Matthew 5 may form a "backdrop" against which to understand the exception clauses in both passages. Additionally, Jesus' comments in Matthew 19:9 may give supplemental information regarding the meaning of Matthew 5:32. Especially is this so when one takes a believing position regarding the accuracy of the King James Bible and the Greek readings which underlie it. The Scriptures thus become their own best dictionary and commentary. This assumes, of course, the verbal, plenary inspiration and preservation of the word and words of God. Nevertheless, light is shed on the meaning of the phrases by comparing Scripture with Scripture. The word "parektos" ("saving for") is not usually used as a preposition with the genitive. It occurs in the New Testament once as an adverb (11 Corinthians 11:28) and only two or three times as a preposition (with the genitive = "except for," "saving for," "apart from"). Though there are [incorrect] variant readings in Matthew 19:9, this author believes that the reading of the Greek Received Text underlying and correctly translated by the King James Bible (ei mee epi porneia) is the correct one.

"The only other place this (Matthew 5) construction occurs in the New Testament is in Acts 26:29 where Paul, a prisoner, prays that not only King Agrippa, but all who heard him that day might be as he is (i.e., saved believers) 'except' for his bonds (chains). Besides these texts, the word appears in only two other places in the Greek literature of the period. Thus 'saving for' (parektos) must be given an exclusive sense ('except for')."

To what, then, does this "exception" clause refer? From the Scriptural use of the term "fornication" (and especially under the Mosaic Law - see the context of Matthew 5), it is clear that it does not refer to adultery. Not only are two different English words involved, but two different Greek words are involved. Furthermore, the Scriptures use the words distinctly in at least the following passages: Matthew 15:19, Mark 7:21, I Corinthians 6:9, Galatians 5:19, Hebrews 13:4, Hosea 4:14, and Ezekiel 16:31-32. The Pharisees careful usage of the term "fornication" in John 8:41 (as well as, conversely, their usage of "adultery" in John 8:1-10) also proves this. A careful and detailed study of these two terms, both in the Old Testament and in the New Testament (a study which has been done by the author but which is beyond the scope of this thesis - see also Isaksson, Marriage and Ministry) will show that "fornication" in Matthew 5:32 does not refer to adultery.

Consequently, the exception clause must refer to some form of fornication which was not punishable by death under the Law of Moses (additionally, the exception clause is not applicable to those who are in the post-Law era of the Church). What specific form of fornication is referred to in this exception clause? Out of the few forms of fornication which were not punishable by death, there are really only two which could involve the matter of permission for divorce. One is an unwitnessed (in the Jewish legal sense - Deuteronomy 19:15) act of sexual unfaithfulness during the Jewish betrothal period. Joseph and Mary are the Scriptural example of this "exception." The other possible exception is the discovered marriage between two close relatives within the prohibited Levitical degrees (Leviticus 18:6-18). Not all of these cases required the death penalty and so could qualify as possible "candidates" for the meaning of "fornication." The exact meaning of this term will be reserved for the discussion concerning Matthew 19. However, enough information has been given to show that on a dispensational/hermeneutical basis and on a linguistic/Scriptural usage basis, there is no warrant whatsoever for anyone to use the exception clause of Matthew 5:32 as an excuse for seeking or obtaining a divorce today.

After reviewing the current interpretations of the exception clauses in Matthew 5 and their relationship to Deuteronomy 24, it is obvious that none of them properly understands the intent of the legislation as Christ explained it. The proof texts given for the divorce and remarriage statements in the Westminster Confession [and by John Murray and his followers] reflect the opinion of John Lightfoot, author of A Commentary on the New Testament from the Talmud and Hebraica. It is known that Lightfoot took part in the Westminster Assembly, and in his writings he states clearly that he believes "fornication" (porneia) in the Matthean exception clauses is a reference to the "some uncleanness," "some indecency," "some improper nudity" of Deuteronomy 24:1. In this he is correct. However, he wrongly thinks that "fornication" (porneia) is "adultery."

Matthew may well intend for his readers and Jesus' hearers to note a reference to Deuteronomy 24:1 in Matthew 5:32. However, it is nearly impossible to say that the "fornication" (porneia) as a reference to "some uncleanness" must mean or must include the meaning of "adultery."

From Matthew 5:27-32 several propositions about divorce can be deduced: (1) To divorce one's spouse is to commit adultery (Matthew 5:27-32a with Matthew 19:4-6), and (2) To divorce one's spouse for fornication (cf. Deuteronomy 24:1-4) is not tantamount to committing adultery under the Mosaic Law (Matthew 5:32a with Matthew 19:9).


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