Fr. John Gallagher CSB - Human Sexuality and Christian Marriage - An Ethical Study

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4. Is dissolution of marriage immoral or is it impossible? Some have argued that the divorce texts in the synoptic Gospels show not that marriage is indissoluble but that it is wrong to dissolve it. That is, one or other partner, or perhaps both, can by their actions bring an end to the marriage, but they sin by doing this. However, once the marriage has been ended, the partners are free to remarry.243

According to this

interpretation, the exception clauses in Matthew refer to a marriage that has been ended. That is, separating from one's spouse and remarrying constitutes adultery except when the marriage has been ended by the offence of porneia. If porneia here is understood as referring to adultery of one of the partners which puts an end to the marriage, then this interpretation is quite close to the first category considered above, and would have the same strengths and weaknesses. To be a really different interpretation porneia must refer to the sin of breaking up the marriage. That is, whoever departs from or sends away his or her partner by that fact sins, but even though the departure is sinful, it does indeed dissolve the marriage. If the practice of allowing remarriage after such a sinful break-up were present in the community that received Matthew's gospel, it would make sense for him to include this clause to indicate that the practice was not against the mind of Jesus. This view gives a somewhat plausible reason why Jesus would appeal beyond the Mosaic law to the original intention of God. Under the Mosaic Law it was not clear that to bring about a divorce is sinful. This interpretation might even account for the surprise of the apostles when they hear the words of Jesus. But why did Jesus focus on the adultery of the separated partners? After all, the sin, according to this interpretation, is in the ending of the marriage, but if the marriage were truly ended then remarriage would be possible and not

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See Byron, Brian, "ICor. 7,10-15: a basis for future Catholic discipline on marriage and divorce?" Theological Studies 34(1973) 429-455. Byron gives an earlier, more tentative statement of his position in "The brother or sister is not bound ..." New Blackfriars 52(1971) 514-521. The notion that adultery ends the marriage has been expressed by others. See Argyle, A.W., The Gospel according to Matthew, Cambridge at the University Press, 1963, p. 57; France, R.T., The Gospel according to Matthew: an Introduction and Commentary, Grand Rapids, Eerdmans, c1985, pp. 123-124; Luz, Ulrich, Matthew 1-7: a Commentary, Minneapolis, Augsburg Fortress Press, c1989, p. 306.

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