Divorce is the official break-up of a civil or religious marriage between two persons, or between several persons in the case of polygamy. In law, it is distinguished from de facto separation, which has no legal consequences, and from legal separation, which is legally recognised but leaves the marriage intact. It is not to be confused with marriage annulment, which consists of declaring that the marriage never took place.
In ancient Greece, divorce existed in different forms in different cities. In Athens, it could be obtained by mutual agreement or on the initiative of one of the spouses. In practice, the dowry acted as a powerful brake: when the marriage was dissolved, the wife regained her dowry – except in cases of adultery – with 18% interest. The wife, for her part, had the right to ask for a divorce on her own, but most often the request was request, duly motivated, was presented to the archon, who examined it and decided whether or not to grant it. Mistreatment was a valid ground for separation, but not the husband’s infidelity.
In the Hellenistic period, divorce became more formal: legal documents recorded the divorce and laid down the consequences. The most important provision concerned the dowry, which was returned to the ex-wife. The woman was never entitled to any share in the family fortune. The Romans also practised divorce. At first, the right to divorce was reserved for men, but women soon obtained it.
Marriage, initially a religious and social rite, became desacralised like the rest of Roman society. It was codified in law. At the end of the Empire, divorce became barely formal, because for reasons of simplification marriage was assimilated to a contract. Single people were still disadvantaged by the law. However, the rules in this area are mainly found in the decisions of individual councils, which often only dealt with specific cases and gave contradictory answers.
n the early Middle Ages, marriage was not consecrated and written contracts fell into disuse. Marriage only served to seal alliances. It was considered normal to be able to break a marriage. The Roman Catholic Church is not very much in favour of divorce and considers marriage indissoluble.
From the Gospel of Jesus Christ according to Mark
At that time, some Pharisees approached Jesus and, to test him, asked him : ‘Is it lawful for a husband to send his wife away?’ Jesus answered : ‘What did Moses command you?’ They answered him : ‘Moses said that it was lawful for a husband to send away his wife, provided he drew up a deed of repudiation.’Jesus answered: ‘Because of the hardness of your hearts, he established this rule for you.’
But at the beginning of creation, God made them male and female. Therefore the man will leave his father and mother and be joined to his wife, and the two will become one flesh. So they are no longer two, but one flesh.‘What God has joined together, let no man put asunder.’ When the disciples returned home, they asked him again about this. He said to them, ‘Whoever sends away his own wife and marries another commits adultery with her. If a woman who has sent away her husband marries another, she has committed adultery’.
Some people brought children to Jesus to lay hands on them, but the disciples turned them away. When Jesus realised this, he became angry and said to them: ‘Let the children come to me; do not prevent them, for the kingdom of God belongs to those who are like them.’(Mk 10,2-16)
What God has joined together, let no man put asunder
Is it lawful to repudiate one’s wife for any reason ? Jesus had already answered this question in the Sermon on the Mount. The Pharisees asked it to tempt him. What made it a captious question was the fact that at the time it was much debated between two Jewish schools, that of Hillel and that of Shamaï, the former very relaxed, the latter more strict on divorce.
Jesus had already answered this question in the Sermon on the Mount. The Pharisees asked it to tempt him. What made it a captious question was the fact that at the time it was much debated between two Jewish schools, that of Hillel and that of Shamaï, the former very relaxed, the latter more strict on divorce. Moreover, the example set by Herod Antipas, who ruled over Perea, and the end of John the Baptist, who had taken it over, made a strict solution to the issue rather dangerous, whereas a looser solution would have put Jesus at odds with John the Baptist.
This was the temptation, the trap set for Jesus by his opponents. The complete and true idea of marriage presupposes first of all that the two are one heart and one soul; everything to do with the flesh, in a narrow sense, is only the inferior link in this union.The word flesh, in Scripture, embraces the whole man, his whole being, and this idea is well expressed by the words: one flesh. This is the absolute and indissoluble intimacy of marriage, which God had in mind from the beginning of man’s creation and which Jesus confirmed with his authority.
Furthermore, this statement condemns polygamy, which completely destroys the true concept of marriage. The Pharisees thought they had the authority of Moses on their side. But they exaggerated the scope of the legal provision they invoked, because Moses had neither commanded nor wished to facilitate divorce ; on the contrary, the purpose of the formality he prescribed was to hinder it.
Jesus corrects the Pharisees’ expression by saying “allowed”. This was not God’s intention. If Moses had permitted it, it was as a necessary evil, intended to prevent greater evils, and only because of that hardness of heart that made you incapable of rising to the divine thought and putting it into practice.
If we ask how God, who is immutable, could have sanctioned this deviation from his own law, the answer lies in the fact of the fall and sin that has occurred since the creation of man. Jesus admitted only one legitimate cause for divorce and forbade marrying a woman who had been repudiated.
When he said this, he was speaking from the perspective of his kingdom, and his disciples were not to conform to this principle, the only one on which Christian marriage rests. No Church subject to Jesus’ authority could sanction another. Does this mean that civil society, in countries that bear the name of Christianity, is wrong to legislate for other causes of divorce and to allow separated spouses to contract a second marriageIs it lawful to repudiate one’s wife for any reason ?
Jesus had already answered this question in the Sermon on the Mount. The Pharisees asked it to tempt him. What made it a captious question was the fact that at the time it was much debated between two Jewish schools, that of Hillel and that of Shamaï, the former very relaxed, the latter more strict on divorce.
Moreover, the example set by Herod Antipas, who ruled over Perea, and the end of John the Baptist, who had taken it over, made a strict solution to the issue rather dangerous, whereas a looser solution would have put Jesus at odds with John the Baptist. This was the temptation, the trap set for Jesus by his opponents.
The complete and true idea of marriage presupposes first of all that the two are one heart and one soul; everything to do with the flesh, in a narrow sense, is only the inferior link in this union. The word flesh, in Scripture, embraces the whole man, his whole being, and this idea is well expressed by the words: one flesh.
This is the absolute and indissoluble intimacy of marriage, which God had in mind from the beginning of man’s creation and which Jesus confirmed with his authority.
urthermore, this statement condemns polygamy, which completely destroys the true concept of marriage. The Pharisees thought they had the authority of Moses on their side. But they exaggerated the scope of the legal provision they invoked, because Moses had neither commanded nor wished to facilitate divorce; on the contrary, the purpose of the formality he prescribed was to hinder it.
Jesus corrects the Pharisees’ expression by saying “allowed”. This was not God’s intention. If Moses had permitted it, it was as a necessary evil, intended to prevent greater evils, and only because of that hardness of heart that made you incapable of rising to the divine thought and putting it into practice.
If we ask how God, who is immutable, could have sanctioned this deviation from his own law, the answer lies in the fact of the fall and sin that has occurred since the creation of man. Jesus admitted only one legitimate cause for divorce and forbade marrying a woman who had been repudiated.
When he said this, he was speaking from the perspective of his kingdom, and his disciples were not to conform to this principle, the only one on which Christian marriage rests. No Church subject to Jesus’ authority could sanction another.
Does this mean that civil society, in countries that bear the name of Christianity, is wrong to legislate for other causes of divorce and to allow separated spouses to contract a second marriage?
Should all citizens of a country be bound by a Christian principle? To this question, and many others like it, Catholicism answers yes, because it is the religion of constraint and claims nothing less than to dominate society; Protestantism answers no, because it wants above all sincerity and moral freedom.
But let the Churches see if they can, without infidelity, lend themselves to sanctioning, as far as they are concerned, nuptial unions contrary to the words of Jesus : ‘If this be the condition of a man towards a woman, it is not profitable for him to marry her. ‘ (Mt 19,10).
The disciples made this remark to Jesus after the Pharisees had left. They themselves thought that the condition Jesus imposed on the man with regard to the woman was too strict. They thought that if the man could not break an ill-assorted union, if he had to put up with all his wife’s faults and vices except the one Jesus pointed out, it would be better not to marry.
We are only talking about the status of the husband in relation to the wife, because in the East and in antiquity the latter was not recognised as having equal rights. In the Gospel, the situation is quite different.
In order to better understand his thought and the entirely moral nature of the gift he had in mind, Jesus distinguishes three cases: those who, from their mother’s womb, because of their particular set-up, are not suitable for marriage and those who have been made so by men.
In these first two cases, the gift of continence is understood in a bodily sense and has no religious value; finally, there are those who have voluntarily made this resolution for love of the kingdom of heaven, not to merit it, but to dedicate themselves entirely to it without earthly impediments.
Thus Jesus, responding to the disciples, noted a fact, but did not demand this sacrifice, as Paul did in his counsels. There is nothing in these words that is unfavourable to Christian marriage, nor that attributes any particular holiness to celibacy, much less an argument in favour of the forced celibacy of an entire class of men.
Deacon Michel Houyoux
Links to other Christian sites
Loyola Press : click here to read the paper →Twentieth Sunday of Ordinary Time, Cycle B
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