The Validity of Divorce According to the House of Shammai in Light of Early Christian Sources

Abstract

In Chapter 7 of the First Epistle to the Corinthians Paul dedicates a long and detailed discussion to marriage and divorce in the congregation in Corinth which this article analyzes in light of Tannaitic literature. In the framework of his discussion Paul quotes from a tradition of Jesus on divorce. Traditions attributed to Jesus on divorce and their relationship to tannaitic literature have been discussed at length in the research literature, however, almost always the point of departure for these discussions are the traditions as they are quoted in the Gospels. The common thread of the traditions attributed to Jesus in the Gospels is the terminology of adultery. For example, “Everyone who divorces his wife and marries another commits adultery; and he who marries one who is divorced from a husband commits adultery” (Luke 16:18). According to these traditions it is clear that the connection between husband and wife cannot be broken. Only in the Gospel of Matthew is divorce possible, and only if the wife commits adultery.

The Jesus tradition as it is brought by Paul in the First Epistle to the Corinthians (7:10-11) is different. Paul does not mention adultery at all, and like the House of Shammai, he describes divorce as an undesirable action, however, if it is done, the divorce is valid. According to our analysis, the tradition of Jesus’ position on divorce as quoted by Paul is not only the earliest redacted version that has survived in early Christian texts, but also represents the most original form of Jesus’ position on divorce.

In the Gospels, the tradition developed further, and the opposition to divorce intensified. Therefore, remarriage after divorce was described as adultery causing the rejection of divorce as an option (except in the versions in the Gospel of Matthew). However, reading Paul in comparison to the House of Shammai reveals that the tradition of Jesus brought by Paul conforms to the attitudes concerning divorce in the Second Temple period; these attitudes were aptly described by the Prophet Malachi: “for I detest divorce said the Lord, the God of Israel”.