Biblical Regulations on Remarriage
According to the Bible, remarriage is restricted while a covenant spouse is still alive:
- Jesus taught: “Anyone who divorces his wife and marries another woman commits adultery” (Luke 16:18, NIV).
- Paul wrote: “A woman is bound to her husband as long as he lives” (1 Corinthians 7:39, NIV).
- In the Old Testament, remarrying a former spouse after she has married another man was forbidden: “That would be detestable in the eyes of the Lord” (Deuteronomy 24:1–4, NIV).
The only biblically lawful reason for remarriage is the death of a spouse. Remarriage after divorce is viewed in many cases as ongoing adultery unless repentance and restoration to the original spouse occurs.
Historical Church Regulations
- Early Church Fathers (1st–5th centuries), including Hermas, Tertullian, and Augustine, taught that remarriage while a first spouse lived was adultery, regardless of cause.
- The Catholic Church still teaches the indissolubility of marriage, allowing remarriage only after annulment or death of a spouse.
- Protestant Reformers like Martin Luther and John Calvin permitted remarriage after divorce for limited reasons (e.g., adultery or abandonment), but insisted on pastoral oversight and civil accountability.
- In Puritan New England, remarriage was allowed only after an official court-approved divorce.
Civil Regulations on Remarriage (United States & Abroad)
- United States: Laws on remarriage vary by state. Some require a waiting period after divorce (e.g., Texas – 30 days). Others have no restrictions, though bigamy is illegal in all 50 states.
- United Kingdom: After the Matrimonial Causes Act of 1857, remarriage was allowed for the innocent party. By 1937, additional grounds like cruelty and insanity were added, allowing remarriage in more cases.
- Islamic countries: Remarriage is often regulated by Sharia law, requiring conditions such as iddah (waiting period) for women.
- Catholic canon law still forbids remarriage without annulment, and remarriage without Church permission renders the marriage invalid in ecclesiastical terms.
Recommended Books on Remarriage Laws and Doctrine
Jesus, Divorce, and Remarriage in Their Historical Setting – Gordon Wenham
A detailed biblical and historical analysis of Jesus’ teachings.
Adultery: Infidelity and the Law – Deborah L. Rhode
A legal and social exploration of adultery and remarriage regulation in modern jurisprudence.
Trials for Adultery: The History of Divorces (Vol. IV) – Historic UK case archive
Documents real court proceedings from historical English divorce law.
Recommended Books on Adultery Law and Remarriage Doctrine
Jesus, Divorce, and Remarriage in Their Historical Setting — Gordon J. Wenham
A concise and scholarly study arguing that Jesus permitted separation in cases of sexual immorality but did not allow divorce and remarriage
Adultery: Infidelity and the Law — Deborah L. Rhode
A legal, cultural, and social examination of adultery laws in the U.S. and beyond, analyzing how these laws evolved and their effects on society
Trials for Adultery: The History of Divorces (Vol. IV) — A Civilian (historic UK case archive)
A collection of 18th-century English divorce trials linked to adultery, cruelty, impotence, and fornication—offering original primary records and social context
Why These Titles Matter
- Biblical & Historical Insight: Wenham’s work examines how Jesus’ teachings would have been interpreted in first-century marriage culture and by the early Church .
- Legal & Cultural Framework: Rhode traces U.S. and global adultery laws, revealing how legal definitions and social norms impacted marriage, privacy, and gender bias .
- Authentic Case Studies: The Trials for Adultery volumes preserve original English court proceedings, exposing the scandal, social influence, and legal standards of past centuries .
Suggested Reading Summaries
- Wenham: Challenges common evangelical interpretations by emphasizing Jesus’ prohibition of remarriage aside from death and offers a close historical-cultural reading of biblical texts .
- Rhode: Highlights how adultery laws disproportionately impacted women and explores the policy implications for modern jurisdictions, calling for the repeal of adultery statutes in many U.S. states .
- Trials: Documents real-life divorce scenarios in 18th-century England, showing public perception, legal process, and patriarchal influence in adjudicating adultery cases .
References
- Wenham, G. J. (2023). Jesus, Divorce, and Remarriage: In Their Historical Setting. Lexham Press.
- Rhode, D. L. (1995). Adultery: Infidelity and the Law. Harvard University Press.
- Leckie, B. (1999). Culture and Adultery: The Novel, the Newspaper, and the Law, 1857–1914. University of Pennsylvania Press.
- Matrimonial Causes Act 1857 (UK). (1857). Retrieved from https://en.wikipedia.org/wiki/Matrimonial_Causes_Act_1857
- Commonwealth (Adultery) Act (1650). (1650). Retrieved from https://en.wikipedia.org/wiki/Commonwealth_(Adultery)_Act_(1650)
