The Torah on Divorce and Remarriage

Bob Lampkin
Jun 25, 2023
3 min read

Shalom

Hi everyone, welcome to my blog where I share my insights on Messianic topics. Today I want to talk about a sensitive issue that affects many people: divorce and remarriage after divorce. What does the Torah and the Talmud say about this topic? Did Yeshua contradict the Torah? Does Sha'ul contradict Yeshua? How can we apply their wisdom to our lives today?

First of all, let me say that divorce is not something that the Torah encourages or takes lightly. The Torah only allows a man to divorce his wife if he finds something indecent in her (Deut. 24:1). The Talmud explains that this means adultery, which is a serious violation of the marriage covenant (Babylonian Talmud, Gittin 90a). Adultery is not only a sin against one's spouse, but also against God, who created marriage as a sacred union between a man and a woman (Gen. 2:24).

However, the Torah also recognizes that sometimes divorce is unavoidable, and that people may want to remarry after divorce. The Torah does not forbid remarriage after divorce, as long as certain conditions are met. For example, a man cannot remarry his former wife if she married another man in the meantime (Deut. 24:4). This is because the second marriage defiles the first one, and makes it impossible to restore the original bond. The Torah also prohibits a divorced woman from marrying a kohen (priest), because she is considered unfit for the holy service of the priesthood (Lev. 21:7).

The Talmud adds some more rules and regulations regarding divorce and remarriage, such as the requirement of a get (bill of divorce) for a valid divorce, the prohibition of marrying a close relative of one's former spouse, and the obligation of a childless widow to marry her deceased husband's brother (levirate marriage) or release him from this duty (halitzah) (Babylonian Talmud, Yevamot). The Talmud also discusses various cases of agunah (a woman who is unable to remarry because her husband is missing or refuses to grant her a divorce), and tries to find solutions for them.

There are many in the Hebrew Roots and Messianic communities that vary in opinions about this very heavy matter. Some rely on teachings from Christendom that have shunned the validity of the Talmud. These people are unaware that Yeshua referred to the teachings of Hillel and Shammai, two prominent teachers of the law who laid the foundations for what was later recorded as the Talmud. Yeshua did not reject the oral law. he encouraged the right application of the Torah and left the details to those who sit in the seat of Moshe.

The bottom line is that divorce and remarriage are not simple matters in Messianic Judaism either. They involve legal, moral, and spiritual issues that need to be carefully considered and resolved. The Torah and the Talmud offer us guidance and direction on how to deal with these situations, but they also leave room for human judgment and compassion. This is why it's vitally important to have strong and sound local leadership that is trained in the Brit Hadasha as well as the Talmud and the Torah. As followers of Yeshua, we should respect the sanctity of marriage, but also support those who are going through divorce or remarriage, and help them find shalom and happiness in their new lives.

Read more about Hillel and Shammai here.

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