Here is yet another insight into the matter of legalism. Legalism looks only at the rules, Biblical liberty at the
reason behind the rules. While the Law permitted divorce, we should avoid it at all costs.
Divorce
Divorce is inconsistent with the divine purpose and design for marriage (Genesis 2).
Unbiblical divorce is sin, and as such, YHWH hates separating from your wife and not giving her a Get (a
Billof Divorece document). This is what Y‘shua meant by ―put away‖. Nevertheless, YHWH has made
provision for man‘s sinfulness. The bill of divorce was given as a protection for the innocent or passive party,
thereby enabling them to remarry (Deut 24:1ff.). According to Barclay, the Jewish bill of divorce simply ran:
―Let this be from me thy writ of divorce and letter of dismissal and deed of liberation, that thou mayest marry
whatsoever man thou wilt‖. (William Barclay, The Gospel of Matthew (Edinburgh: The Saint Andrew Press,
1963), I, p. 149.)
YHWH permitted divorce, but never is it commanded (Matt 19:7-8).
Only in the case of spiritual or physical adultery is divorce permitted; and even here it is not commanded or
encouraged. Forgiveness and a desire for reconciliation should be the attitude of the offended party. The Old
Covenant example of Hosea and Gomer and the New Covenant model of Messiah and His bride (Eph 5:22f.)
should be our pattern when our partner has been unfaithful.
The ̳innocent‘ or ̳non-aggressive‘ partner is not encouraged to initiate a divorce; but when the other party
does seek divorce, Believers are not to legally resist this action, for we are ̳called to peace‘ (1 Cor
7:10ff, especially verse 15).
If a person has been divorced by their partner on unbiblical grounds, it would seem best that they not
remarry until after the initiator of the divorce has done so. This leaves the door open for reconciliation and
keeps the innocent party from sexual involvement before the first marriage has been broken by the sexual
immorality of the initiator. When the initiating party has remarried, not only has the previous marriage been
terminated by adultery, but the Old Covenant forbids the first wife to be rejoined to her first husband anyway
(Deut 24:1-4).
Anyone whose marriage has been biblically terminated is free to remarry without moral blame (Matt
5:31; 1 Cor 7:15, 27-28).
Desertion (by an unbeliever) is also grounds for divorce (1 Cor 7:15). According to Matt 18:15-17, especially
verse 17, it is understood that a ̳professed Believer‘ who refused to repent or to reconcile with his mate
would then be treated as an unbeliever. In such a case, 1 Cor 7:15ff would apply to him as the unbelieving
husband (or wife).
5:33-37 Thou shalt not forswear thyself
―(33) Again, ye have heard that it hath been said by them of old time, Thou shalt not forswear thyself, but
shalt perform unto the Lord thine oaths: (34) But I say unto you, Swear not at all; neither by heaven; for it is
God's throne: (35) Nor by the earth; for it is his footstool: neither by Jerusalem; for it is the city of the great
King. (36) Neither shalt thou swear by thy head, because thou canst not make one hair white or black. (37)
But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil‖.
This has nothing to do with the Torah-based practice of making an oath to YHWH. Rather, it is dealing with
the practice of invoking YHWH's name or any part of YHWH's creation into common oaths (i.e., taking the
Lord's name in vain).
This is yet another Talmudic teaching reinforced by Y‘shua:
Babylonian Talmud, Bava Batra 49b: ―A righteous yes is a Yes; a righteous no is No‖.
It should also be noted that the Essenes also made it a point not to take oaths other than the one someone
took to enter into their brotherhood. Here we have a case where the Pharisees and Essenes may be in
agreement.
The Old Testament Law and Oaths
The Old Covenant has much to say about the taking of oaths:
―You shall not swear by My name falsely‖ (Lev 19:12)
―When a man makes a vow to YHWH or swears an oath ... he shall not break his word‖. (Num 30:2)
―When you shall make a vow to Jehovah your God, you shall not be slack to pay it‖. (Deut 23:21)
YHWH had not forbidden the taking of an oath, but had cautioned the one who makes a vow to keep his
word. There were two abuses of the oath in the days of Y‘shua.^ One might be called frivolous swearing. It