We have a saying in English – “The law is an ass”, most
often applied when the letter of the law overrides the spirit of the law or
takes no account of the context to which it is being applied and is therefore
made to look unreasonable and stupid.
We say it about civil and criminal law but it can equally be
applied to religious laws as well.
You could say, and some do, that what Jesus says about
marriage and divorce is cast iron. Marriage is for life and divorce is a sin
and anyone who divorces a woman and finds someone else is committing adultery –
no question! Really??
But this ignores the social context in which this arose.
Notice the question was about allowing a man to divorce his wife, not the other
way around. In the society and culture of first century Palestine, a divorced
woman’s life was perilous. No means of support and shunned by polite society,
as either a pariah or a threat, she was a marginalised and reduced to penury.
The man could just carry on of course.
Seen against this cultural backdrop – the ideal that Jesus
is upholding of a marriage as a commitment for life can be seen as a huge support
for women’s rights and wellbeing, protecting them against the prospect of being
cast aside on a whim of a feckless husband.
All laws and rules have to be set in context and applied in
context. It is fine to have an ideal but even the most cast iron ideals are
very easily bent out of shape by circumstance. Take perhaps the apparently most
cast iron law of all – “Thou shalt not kill”
If a young man on a council
estate in Hull takes a gun and kills someone he is an evil murderer who when
caught will serve life imprisonment for his crime. But take that same young man
out of the estate, put him in a uniform, send him to Afghanistan, and when he
takes a gun and kills people there he is lauded as a Hero. He is still killing
people but the context is different. In one he is a villain and the other a
Hero. “Thou shalt not kill” is no longer so cast iron after all and becomes
very elastic indeed.
Applying laws to the realities of life and ignoring the
context potentially turns religion into an ogre, remote and condescending. In
insisting on the letter of the law over the Spirit of the law, i.e. ignoring
the humanity involved in every situation, religion is dehumanised.
The Spirit that motivated Jesus to say what he said I
believe was said in a spirit of protection and love and concern for the
position of women in the society that jesus was living in – not a cast iron
irrevocable Holy law that could never be questioned.
Things change. All things change and develop, not least
human relationships. And it is in recognition of that fact that the Church of
England, while advocating the ideal of marriage as a life long commitment,
quite rightly recognises divorce and the reality of marital breakdown. And we
forgive and we re-marry people.
No-one ever goes into a marriage thinking that this will do
for a couple of years and then I’ll try something else. I don’t think I’ve ever
married anyone who didn’t aspire to the ideal, but life and circumstances and
relationships change and we need to wake up and face reality.
What people need when a relationship breaks down is not
condemnation for breaking a rule. Believe me most married couples quite happily
condemn and accuse themselves when things go wrong. They need love and support
in a very painful and difficult situation.
Every situation is different. When children are involved the
situation differs even more significantly.
Solutions are not easy. Life and relationships can be messy
and complex. One solution will work for one and not work for another.
My position as with so much of life and spirituality has
become one of finding a balance. So it is not a simple battle between cast iron
unbreakable rules versus situational ethics. It is rather holding both in a
dynamic tension and respecting them both and allowing them to speak to
eachother.
So I like most of us have to live with paradox. Yes I
believe in “Till death do us part” but I also believe in relational breakdown –
acceptance and forgiveness.
As a result, because we hold both these things in tension we
can be accused of being wishy washy and betraying God’s holy laws, but I see it
as being true to experience, and God speaks to us through experience.
The alternative is a hard, black and white religion. This
kind is superficially attractive to many people, now as then, but this kind of
religion leaves no room for the Spirit and leads not to peace and equanimity –
it leads to the inquisition, to Saudi Arabia and to Iran.
The alternative is a
system where human frailty and divorce is not recognised at all and the only
way out is a hypocritical declaration granted by an arbitrary power that the
marriage never actually happened at all – called an annulment. This is simply a
denial of reality.
Christianity at its very root and core is about living in
the Spirit, not according to law. On a deeper level using the Bible as a rule
book rather as a signpost to a mysterious spiritual reality is actually a
denial of the message of Jesus who advocated human flourishing by finding your
identity in God.
Once we take the humanity out of religious law we end up
with the inquisition or sharia law. I will prefer to live with paradox,
messiness and uncertainty any day of the week. Jesus’ apparently harsh
statement was I truly believe motivated by love and the desire to protect the
position of women, supporting them and their ability to grow and flourish
within the cultural realities of First century Palestine and Judaism as it then
was. He was looking for the way of love. In our society we should also be
looking for the way of love, but it will look very different to how it looked
2000 years ago.
Because taking God seriously means taking life, our culture
and context seriously. We need to keep close to God both corporately and
individually in order to be open to the wisdom and guidance of God, to be able
to hear that “still small voice” guiding us into the truth.
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