ARE YOU STILL MARRIED AFTER DIVORCE? A BIBLICAL PERSPECTIVE
- Abrahan Kilian
- Feb 17
- 5 min read
Updated: Apr 24
Written by Abrie JF Kilian, moderated by Glenn Braunstein. Married After Divorce
INTRODUCTION: THE NATURE OF BIBLICAL MARRIAGE COVENANTS
Poets, philosophers, theologians and jesters have all been bemused by 'marriage', that venerable institution of matrimony. A topic as enduring as it is entertaining, much like the British monarchy: endlessly discussed, seldom understood. The same is true of a Biblical covenant entered before YHWH: a mystery that goes beyond the mundane outlines of a legally established contract. After all, is marriage not the divine choreography of commitment amid life's chaotic waltz? A solemn, steadfast bond infused with divine gravitas. In the scriptural narrative, marriage is not a convenient union of fleeting passion but a fortress of fidelity, jealously guarded by the lex divina (The Law of YHWH).
Meandering through the labyrinth of covenantal doctrine—like a scholar deciphering hieroglyphs without a Rosetta Stone—as though attempting to read ancient inscriptions by the flicker of a dying candle, is the modern theologian. Armed with more opinions than understanding—grasping at shadows while ignoring the illuminating torch of Scriptural clarity.
The confusion is palpable. Where Scripture demands precision, contemporary interpretations revel in ambiguity. From William Luck's scholarly rigor to John Milton's rebellious clarity—both of whom, with ink and intellect, challenge the molasses-like misconceptions of modern theology and history. History admonishes us: trifling with Biblical marriage laws is no mere academic misstep—it is the demolition of moral foundations.
THE IMMUTABLE LAW OF THE COVENANT
In the Biblical sense, marriage is no fragile arrangement of transient affections. Similar to the decalogue, it is chiseled into eternity—rooted in commitment, not convenience. Scripture, like a stern and unyielding magistrate, prescribes clear obligations, whose stone-set decrees tolerated no ambiguity in matters of justice:
Covenantal Law: The Torah, with unflinching clarity, declares marriage a sacred union (Exodus 21:10–11; Malachi 2:14). A civil decree, however ornate, cannot undo that which requires a sefer keritut—a writ of divorce.
Customary Law: From dowries to betrothals, the customs of old (Genesis 24; Ruth 4) remind us that marriage is not the plaything of romantic fancy but the linchpin of familial order.
Public vs. Private Law: Biblical marriage resides within the jurisdiction of divine law—immune to the whimsical decrees of modern legislative theatrics.
Equity and Justice: The Torah's safeguards for women (Exodus 21:10–11) exemplify YHWH's seamless blend of mercy and justice, a duality modern jurisprudence would do well to mimic.
Natural and Positive Law: Fidelity and unity, twin pillars of matrimonial law, are as immutable as the stars—and as easily disregarded by those who prefer convenience to conscience.
THE LEGAL BEDROCK OF BIBLICAL MARRIAGE
William Luck, in Divorce and Re-Marriage: Recovering the Biblical View, dissects Scripture with the precision of a seasoned surgeon. His analysis reveals what tradition often obscures: a marriage remains binding absent a proper sefer keritut, regardless of what secular courts may proclaim (Luck, 2009, p. 75). Deuteronomy 24:1–4 is not legal fluff but a bulwark against the chaos of moral relativism.
And lest we imagine this requirement is merely human pedantry, let us observe YHWH Himself, who issued a writ of divorce to Israel (Jeremiah 3:8). Here, we find no capricious abandonment but a divine adherence to the very principles He commanded. If the Almighty follows the rules, should we not consider doing the same?
THE MISUNDERSTOOD DYNAMICS OF ADULTERY
Luck's exploration of Biblical adultery dismantles modern misconceptions, such as the notion that all infidelity is egalitarian and thus equally culpable. This belief is rooted more in Greco-Roman sentiment than in scriptural principle. Luck delightfully clarifies by contrasting this modern assumptions against the simplification unsupported by Scripture. Adultery, as defined by Scripture, pivots solely upon the woman's marital status. (Leviticus 20:10, Deuteronomy 22:22, Matthew 5:32) The man, for his part, is not limited to one wife—a reality that grates against the monogamy-only doctrine fashioned in Greco-Roman crucibles seeking to manipulate estate management. (Exodus 21:10)
TORAH OBSERVANCE IN MARITAL LAW
David Friedman, in his work They Loved the Torah, underscores the Torah's continued relevance in the early church. The disciples did not view Mosaic law as an antiquated relic but as a guiding compass. Lex divina was never repealed; it was reaffirmed through grace (Friedman, 2001, p. 67). Ignoring these laws today is akin to navigating a stormy sea while casting the map overboard for fear it might spoil the adventure.
HISTORICAL LESSONS: THE PERIL OF ABANDONING BIBLICAL PRECEPTS
John Cairncross, in After Polygamy Was Made a Sin, unveils how the church, under Roman influence, morphed its marital doctrines to mirror pagan sensibilities (Cairncross, 1974, p. 94). The Munster Rebellion, the Mormon conundrum, and various ecclesiastical pivots all tell the same cautionary tale: meddling with divine design invites societal disarray.
Consider the tale of an Eastern European congregation torn asunder when a woman—divorced by civil decree but lacking a sefer keritut—remarried. The result? A theological tempest that split the church like an axe through dry timber.
CONSEQUENCES OF IGNORING BIBLICAL DIVORCE PRINCIPLES
The consequence is trite: when a marriage is dissolved without a valid sefer keritut, the spiritual ledger remains unsettled. A remarried woman is thrust into the murky waters of adultery if she is still tethered to her first covenant. And the husband who withholds the writ of divorce becomes an accomplice to her transgression. The fallout transcends individual guilt, corroding the communal moral fabric like rust on ancient iron.
PRACTICAL STEPS FOR RESTORING BIBLICAL INTEGRITY
Rebuilding the fortress of Biblical marriage requires action worthy of the cause:
Illuminate the Distinction: Pastors and teachers must clarify the chasm between secular divorce and Biblical dissolution.
Ensure Procedural Precision: Every divorce must be accompanied by a valid sefer keritut, as mandated by Scripture.
Equip the Shepherds: Clergy must be trained in the intricacies of Torah-based marital law.
Foster Community Support: Marriage, like civilization, thrives when supported by communal understanding and commitment.
Conclusion: A Call to Moral Arms
Biblical marriage laws stand like a lighthouse in the cacophony of modern relationship rhetoric. It beckons us to reclaim the moral high ground before the tides of relativism sweep it away. Amidst a storm—steadfast, illuminating, and too often ignored. As Churchill once said, “We shape our buildings, and afterwards our buildings shape us”. So it is with marriage: neglect the blueprint, and the edifice crumbles. “To each, there comes in their lifetime a special moment when they are figuratively tapped on the shoulder and offered the chance to do a very special thing.” For believers, that moment is now.
The task is not for the timid. It requires resolve, wit, and the audacity to challenge cultural norms with scriptural truths. Let us then, with sleeves rolled and convictions anchored, restore marriage to its rightful station—a covenant of sacred endurance, unmarred by the whims of secular decrees. A structure central to Biblical Patriarchy.
Beautiful peace. We owe it as a duty and fidelity to the eternal word of Yah not to identify with the pagan/secular contamination of marriage