a specific reference to sexual desire. It may be the need to fit it to this more
specific purpose that has led Matthew this time to put the eye first
(following the lustful “look” of v. 28), and to omit the foot as an offending
member, since “the feet are not much used in adultery”! The other notable
difference in this form of the saying is the specification of the right eye and
the right hand. The latter strengthens the impact of the saying in that the
right hand is assumed to be of greater value and usefulness, but the right
eye is not obviously more important that the left. ⁷ We shall note a
particular contextual reason for specifying the right cheek in v. 39, but here
the right eye is probably singled out to provide a literary balance to the
right hand. For poetical uses of parts of the body to represent sins see Job
31:1, 5, 7; Prov 6:16–19.
To “cause to stumble” (skandalizō) is a recurrent metaphor in Matthew; see 11:6;
13:21, 41, 53; 15:12; 16:23; 17:27; 18:6–7, 8–9; 24:10; 26:31–33. In some of
these cases the passive denotes “being offended” by a person’s behaviour or
teaching (11:6; 13:57; 15:12; 17:27), a relatively mild sense of the verb. But
often it denotes something more catastrophic, a stumbling which deflects a
person from the path of God’s will and salvation (13:21; 18:6; 24:10; 26:31–33),
and a “stumbling-block” is a person or thing which gets in the way of God’s
saving purpose (13:41; 16:23; 18:7). In the case of the disciples’ stumbling in
Gethsemane (26:31–33) the effect was not terminal, but here and in 18:8–9 (and
by implication in 13:21) the stumbling involves the final loss of salvation
(geënna); cf the drastic penalty appropriate to one who causes stumbling in
18:6–7. The term therefore goes beyond a mere pictorial image of physical
mishap—which in any case would not follow easily from the action of the hand,
though rather more appropriately from the eye. The theme is impediments to
ultimate salvation, and the importance of eliminating them at all costs, a theme
which could have many different applications to relationships, activities, mental
attitudes etc., certainly not only to sexual temptation. It is probably not helpful to
speculate whether the eye and the hand were chosen to represent specific sins or
temptations. As “removable” parts of the body they serve to make the point that
any loss, however painful, is preferable to the total lostness of geënna. The
throwing of the “whole body” into hell belongs to the pictorial imagery as the
alternative to physical amputation; it is not the basis for a doctrinal debate over
either the nature of human existence after death or the physicality of hell. Nor
should this passage be used to suggest that amputees will be raised in an
imperfect body.
(3) Divorce (5:31–32)
This very brief statement on divorce poses a problem for the commentator, in
that a fuller discussion of the issue, explaining Jesus’ opposition to the principle
of divorce, will occur later in 19:3–12, but since many of the same questions
arise in both passages it seems better to deal with the issue more generally here,
and to ask the reader of the commentary at 19:3–12 to refer back to this section.
The third example of Jesus’ new interpretation of the law follows from the
second in that it is also concerned with sexual ethics, and more specifically
marriage, and in that it also speaks of “adultery,” but in other ways it is very
different. Not only are there no supporting sayings as in vv. 23–26 and 29–30,
but the debate concerns not one of the ten commandments but a single piece of
regulatory law which occurs in Deut 24:1–4. This, the only pentateuchal passage
which directly speaks of divorce, served perforce as the basis for subsequent
Jewish teaching on the subject, even though it was not concerned with the
rightness or wrongness of divorce in itself, nor with permissible causes of
divorce, but only with the aftermath of a divorce which is assumed to have taken
place. The “quotation” which provides the first half of the contrast is not in fact a
direct quotation of the Deuteronomy text, but an inference from it, in that Deut
24:1 does not instruct the divorcing husband to provide a certificate, but rather
states that if this has in fact occurred, certain consequences follow: the divorced
wife, having married another man and been divorced also by him (or if he has
died), may not then be taken back by her first husband. This rather tortuous
scenario assumes that both husbands in the case have the right to divorce the
woman, but the basis of that right (and of the certificate which is the specific
focus of Jesus’ “quotation”) is not spelled out either here or anywhere else in the
OT. That assumption is taken by Jesus’ questioners in 19:7 to mean that Moses
“commanded” not only the certificate but also the divorce itself. On this basis
subsequent Jewish teaching developed a detailed body of legal teaching on
divorce; a whole tractate of the Mishnah, Giṭṭin, is devoted to provisions for a
valid divorce certificate. Divorce was, of course, ⁸ purely a male prerogative,
which required no legal hearing, merely the husband’s decision; Jewish law
made no provision for a woman to initiate divorce (Josephus, Ant. 15.259).
The main area of rabbinic dispute was not the legitimacy of divorce in itself,
which everyone seems to have taken for granted,¹ but the permissible grounds
of divorce, and here Deut 24:1–4 provided fruitful material for debate, since the
first husband’s decision is said to be based on his finding “something
shameful”¹ ¹ in the woman, while the second husband is simply said to have
“disliked” her (śānāʾ, a quite general word for “hate”). On this basis rabbinic
teaching, as set out in m. Giṭ. 9:10, ranged from the “hard-line” position of
Shammai that only “unchastity” was a valid ground for divorce to the “liberal”
position of Hillel which allowed a man to divorce his wife for such a trivial
offense as spoiling a meal, or even (according to R. Akiba) simply because he
had found someone he preferred (cf. the “hate” of Deut 24:3?).¹ ² In practice it
seems clear that it was the Hillelite position which prevailed among most Jews,
of whom Josephus’ laconic comment is probably typical: “At this time I sent
away my wife, being displeased with her behavior…. Then I took as wife a
woman from Crete ….” (Life 426–427) In commenting on Moses’ legislation in
Deut 24:1–4 Josephus adds a significant aside: “The man who wishes to be
divorced from his wife for whatever cause—and among people many such may
arise—must certify in writing ….” (Ant. 4.253) Cf. Sir 25:26: “If she does not
accept your control, divorce her and send her away” (NEB; literally “cut her off
from your flesh”).¹ ³
We shall return to this question in 19:3, where Jesus is asked specifically about
the permissible grounds of divorce. Here, however, he raises the issue not to
discuss the grounds (though his phrase “except for sexual unfaithfulness”
inevitably raises that question for us) but in order to query the assumption that
any divorce could be acceptable in the first place. He does not comment on the
aftermath of divorce which was the focus of the pentateuchal text, but sweeps its
trouble-shooting provisions aside with the assertion that the original divorce
itself was not permissible. We shall note below the question whether the
provisions of Deut 24:1–4 retain any practical relevance in an unideal world
where divorce does in fact happen, but that discussion falls outside the scope of
Jesus’ teaching both here and in 19:3–12 where the issue is more fully addressed.
His concern, which will be explicitly set out in 19:4–8, is with getting back to
first principles, to God’s original intention for marriage, not as in Deut 24:1–4
with regulating what follows after those principles have already been broken.
His quarrel with current ethical teaching is that it is basing its standards on an
assumption of failure (Moses’ provision only for “your hard-heartedness,” 19:8)
rather than on God’s original purpose for marriage.
Jesus’ teaching on divorce in Mark 10:2–12 and Luke 16:18 (cf. also 1 Cor 7:10–
11) is clear-cut; divorce is simply forbidden. Matthew, both here and in 19:9,
apparently blurs the stark opposition between Jesus’ teaching and that of all
Jewish tradition by inserting the clause parektos logou porneias (19:9, mē epi
porneia) which appears to allow a single cause for divorce, porneia, which I have
translated “sexual unfaithfulness.”¹ ⁴ The noun more strictly refers to relations
with a prostitute (traditionally “fornication”), but its usage was wider, covering
various kinds of sexual irregularity. Here as applied to a married woman it most
likely applies either to adultery or to the discovery of pre-marital intercourse
with someone other than the husband,¹ ⁵ or more likely to either or both.¹ It is
clearly used for adultery in Sir 23:23; Herm. Mand. 4.1.5 (cf. T. Jos. 3:8).¹ ⁷
Since this was probably the primary¹ ⁸ meaning of the “unchastity” which for
Shammai also constituted the sole ground for divorce, Matthew’s Jesus thus
appears to hold a Shammaite position—though a particularly strict one, in that
his term porneia is more clearly limited to actual sexual misconduct than the
wider range of immodest acts which some Shammaites included in
“unchastity.”¹ The phrase logos porneias in the exceptive clause here is
probably intended to recall¹¹ the ʿerwat-dābār of Deut 24:1,¹¹¹ which was also
the basis of the Shammaite position.¹¹²
If Mark and Luke preserve Jesus’ actual teaching on divorce, Matthew’s version,
even if close to the “hard-line” Shammaite position, would seem to represent a
substantial softening of the radicalism of Jesus’ total prohibition of divorce. It is
often assumed that this represents the beginning of a process of pragmatic
adaptation by a church which found Jesus’ absolute ethic unworkable in practice,
an adaptation which in many modern Christian circles has resulted in something
like a Hillelite liberalism. But it may be worth enquiring how far Matthew would
in fact have understood himself to be differing from the total prohibition of
divorce in Mark and Luke. The concept of man and wife as “one flesh” which
will be the basis of Jesus’ rejection of divorce in 19:4–9 stands in tension with
the fact that an act of adultery sets up a “one-flesh” relationship with a different
person.¹¹³ In Jewish thought this second “one-flesh” union was understood to
violate the original one so radically that the subsequent continuation of the
original marriage was unthinkable; it was officially dissolved (m.Yebam. 2:8; cf.
Soṭah 5:1; Ketub. 3:5).¹¹⁴ In the OT the marriage was terminated by the death
penalty for adultery, but by Jesus’ time the death penalty was not normally
imposed; instead the marriage was legally dissolved. The termination of a
marriage already destroyed by the act of adultery was thus not so much
“divorce” (a man’s voluntary repudiation of his wife) as the necessary
recognition that the original marriage no longer existed, that a new “one-flesh”
union was already a fait accompli. Joseph’s dilemma in 1:18–19, for instance,
was not over whether to repudiate Mary or not, but only over whether this duty
should be carried out publicly or privately; until otherwise directed by the angel
it did not occur to him that the betrothal (and the marriage to which it must
otherwise lead) could be regarded as still valid. Against such a background it can
be argued that when in Mark and Luke Jesus forbids divorce tout simple this is
understood to mean the voluntary breaking of a marriage which is hitherto intact,
it being assumed that in the case of porneia by the wife the marriage was already
destroyed and could not be allowed to continue. On that view, Matthew is merely
making explicit what was assumed by Mark and Luke to be already obvious to
their readers.
This interpretation perhaps gains support from the way the prohibition of divorce
is here expressed, as the initiation of adultery. With regard to the woman, it
makes her the victim of adultery,¹¹⁵ either in that the husband’s repudiation of a
marriage which is intact is itself equated with an act of adultery (since adultery
destroys a marriage), or in that when she subsequently remarries (as is provided
for in the divorce certificate and is assumed as the sequel to her divorce) she will
be placed by her husband’s act in an adulterous relationship, since the original
marriage remains valid in the sight of God. So both the divorced wife (the victim
of the first husband’s unjust act) and her subsequent husband are involved in an
act of adultery—and thus in breaking the seventh commandment, which in its
OT context carried the death penalty. Moreover, to terminate a marriage where
adultery has not in fact occurred is to treat the repudiated wife as if she had
herself committed adultery (after which annulment of the marriage would have
been automatic); to thus brand her unjustly as an adulteress may also be part of
what is meant by to “make her the victim of adultery.” 19:9 will add that if the
original husband remarries he too is committing adultery.¹¹
Modern discussions of divorce in the light of Jesus’ teaching sometimes suggest
that Jesus recognized the necessity of divorce after adultery, but forbade
remarriage.¹¹⁷ But such a view does not fit the Jewish context, where divorce
consisted of the provision of a certificate which explicitly granted the right to
remarry: the standard wording according to m. Giṭ. 9:3 was “You are free to
marry any man.” Without that permission it was not divorce. Divorce and the
right to remarry are thus inseparable, and the Jewish world knew nothing of a
legal separation which did not allow remarriage.¹¹⁸ There is nothing in Jesus’
words, here or in the Mark and Luke parallels, to suggest that he intended to
initiate any such provision. His condemnation of remarriage as adultery is
simply on the grounds that the divorce (unless for adultery) was not legitimate
and so the original marriage remains valid in the sight of God.
What effect then does Jesus’ new teaching have on the understanding of Deut
24:1–4? Ideally it makes it obsolete, if God’s purpose for marriage is truly
honored, since the prior divorce for which it legislates will not in fact occur in
the ethics of the kingdom of heaven. In opposing current divorce legislation
Jesus is rescuing Deut. 24:1–4 from misuse for a purpose for which it was never
intended. It was not meant to provide a positive basis for the ethics of God’s
people, but only a trouble-shooting provision in case things went wrong. In
19:4–5 he will ground his positive understanding of marriage on a different
pentateuchal source, and if that prior principle is observed there will be no
divorce and therefore no use for the remedial legislation of Deut 24:1–4.
But Matthew’s version of the saying, by specifying the possibility of porneia and
therefore of the ending of a marriage otherwise than by death, at least entertains
the possibility of a world in which God’s ideal is not always met. In such a world
the very undeveloped damage-limitation provisions of Deut 24:1–4 may
continue to have a place, and indeed it may be necessary, as the rabbis had
already found, for such contingent legislation to develop over a much wider
front. That is what has happened ever since, and still continues with our divorce
laws today. Such laws have their place in a well-ordered society, but they cannot
claim to have the direct sanction of Jesus, and can only claim to fall within the
spirit of his teaching if it is their aim not to accept and accommodate human
“hardness of heart” but rather to uphold the standard of unbroken, life-long
marriage which God designed and to oppose the human tendency to make it
easier to “separate what God has joined together.” (19:6)
(4) Swearing (5:33–37)
While the subject is completely different, the principle by which Jesus responds
to “what was said” in this case is very similar to that of vv. 31–32. A law which
aims to control human failure (in vv. 31–32 the destruction of marriage, here the
unreliability of people’s word, even under oath) is set aside in favor of a bold
reassertion of the way God intended things to be, lifelong faithfulness in
marriage and simple truthfulness in speech without the need for oaths to
undergird it. In each case the laws quoted may still have a trouble-shooting
function, but they are being misused if they are made the basis of ethical
thinking. The kingdom of heaven operates on a more radical level of essential
righteousness. In thus going back to first principles Jesus leaves the remedial
legislation of the Torah on one side, not so much abrogated as declared
unnecessary where the greater righteousness of the kingdom of heaven obtains.
Two different but related subjects are at issue here. Oaths,¹¹ invocations of God
or of some sacred object to undergird a statement or promise, shade into vows,
solemn promises to God of an action to be performed. The OT passages summed
up in v. 33 apparently relate to both issues, though Jesus’ response focuses on the
use of oaths to support one’s word rather than on vows (he will touch on the
latter question in 15:3–6). His simple command not to use oaths at all (v. 34a) is
illustrated by a number of possible oaths each of which is shown to be
inappropriate (vv. 34b-36), and explained in the pronouncement of v. 37 that any
elaboration of a simple affirmation or denial is “from evil.” Since the OT law not
only provided for but in some cases demanded such elaborating oaths (e.g. Num
5:19–22), there is a prima facie case to be made that Jesus is here opposing the
intention of one aspect of the law. At least he is doing what he did in v. 32,
declaring that these provisions should never have been needed if people
practised the uncomplicated truthfulness which is what God desires.¹²
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