Divorce Sixth Article -- By: John J. Murray

Journal: Westminster Theological Journal
Volume: WTJ 12:1 (Nov 1949)
Article: Divorce Sixth Article
Author: John J. Murray


Divorce
Sixth Article

John Murray

IN bringing this series of articles to a close it is necessary to discuss certain questions, some of which have been alluded to in earlier articles, and also to deal with some practical cases in order to illustrate the application of the principles derived from our study of the Scripture teaching.

A. The Rights of the Woman. On the basis of Matthew 5:32; 19:9 we have found that the man has the right to divorce his wife for the cause of adultery.1 These two passages say nothing overtly regarding a similar right for the woman in the event of adultery on the part of her husband. Are we to suppose that this right of divorce is confined to the man? We have found that Mark 10:12 is particularly instructive in this regard.2 As far as the Gospels are concerned this is the only passage in which there is allusion to divorce on the part of the woman—“and if she, having put away her husband, marry another, she commits adultery”.

It is to be noted, of course, that here the right of divorce is not reflected upon. The force of the passage is prohibitory. In verse 11 what is prohibited is that a man should put away his wife and marry another. And the sin involved is that, if he does these two things, he commits adultery against his wife. Verse 12, by implication, applies the same prohibition to the woman and asserts that if a woman puts away her husband and marries another she, in like manner, does wrong. The sin specified in this case is that she commits adultery.

Nevertheless the significant feature is that Mark 10:12 does contemplate the possibility of divorce on the part of the

woman and presupposes such an eventuality. The social order as envisaged is one in which divorce proceedings could be initiated by the woman. And though the kind of divorce in view is conceived of as morally wrong and therefore illegitimate, yet the way is opened for the inference that, if divorce for a proper reason were brought into the purview, it would be the right of the woman as well as of the man to initiate such a divorce process. And once we grant that the man has the right of divorce for adultery, Mark 10:12 provides strong presumption in favour of the conclusion that while the woman may not, any more than the man,...

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