The author argues that the Matthean use of the term porneia in the divorce exception clauses of [Matthew] 5:32 and 19:9 is best understood by reference to the notion of divorce with just cause, an idea present throughout the ancient Near East and in first-century Judaism. Just cause includes actions on the part of the woman that constitutes the man’s right to divorce without repayment of the dowry. Matthew excludes the possibility of divorce without just cause, and limits just cause to porneia, sexual intercourse during betrothal or marriage with someone other than the wife’s husband.
It is likely that not a truer word has been written in the field of biblical studies than Ben Witherington’s observation that nearly everything about the two Matthean divorce exception clauses is disputed.1 A myriad of explanations has been offered in order to identify the original saying of Jesus, what version Matthew may have drawn on, and how the evangelist may have altered the saying in order to fit a particular situation within the church. All suggestions have been challenged for one or more reasons, and I shall briefly review a number of these forays and rebuttals below.
As a scholar of the Old Testament, however, my own approach differs in the manner one might expect from someone conditioned to looking for explanations and interpretations of biblical texts by searching out their ancient Israelite and Near Eastern cultural milieu: I want to argue that we can find a plausible explanation for the divorce exception clauses that Matthew uses by investigating common practices of divorce in Israel and its cultural neighbours. Specifically, I believe that when we come to an understanding of divorce with just cause in the ancient Near East—what has been called divorce with grounds—then Matthew’s exception clauses make perfect sense. In this cultural setting, it was understood that a man could divorce his wife for any reason, but if he did so without just cause then he was obliged to repay her dowry and bride gift, and sometimes an additional penalty as well.
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Author: David Janzen
Keywords: Marriage, Divorce, Bill of divorcement, Certificate of divorce, Certificate of divorcement, Bill of divorce, School of Hillel, School of Shammai, Any cause, Every cause, Divorce for any cause, Divorce of every cause, Rabbinic debate, Commits adultery, Continues to commit adultery, Remarriage, Divorcement, Exception clause, Except for fornication, Except for adultery, Porneia
Bible reference(s): Deuteronomy 24:1-3, Matthew 5:31-32, Matthew 12:39, Matthew 19:3-9, Mark 8:12, Mark 10:2, Mark 10:4, Mark 10:11-12, Luke 16:18, Romans 7:1-3
Source: “The Meaning of Porneia in Matthew 5:32 and 19:9: an Approach From the Study of Ancient Near Eastern Culture,” Journal for the Study of the New Testament, April 2002, Vol. 23 Issue 80, pp. 66-80.
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