Divorce was contentious during the time of Moses; it was contentious during the time of Jesus and it is contentious today. In Deuteronomy 24:1, Moses said if a man after marrying becomes displeased with his wife “because he finds in her something indecent” he can write out a bill of divorce, hand it to his wife and dismiss her. There were two different rabbinical schools of thought regarding the interpretation of “something indecent.” The Shammai School used a strict interpretation. Something indecent was adultery. The Hillel School interpretation was much more flexible. Something indecent could be a poorly cooked meal, trashing the in-laws, arguing, talking to a strange man or as one rabbi said, “If a man found a woman who was fairer in his eyes than his wife.” The Hillel School interpretation prevailed.
Also, during the times of Moses and Jesus women had no rights. They were the property of the male head of their family (father, husband, or son). They could be kicked out of their homes with nothing without recourse. And, in all probability they would not be welcomed back into their family homes. While divorce could be advantageous for men, there were few advantages for women. Divorce reduced women to lives of abject poverty.
So, when the Pharisees approached Jesus asking if divorce was lawful to test him, they already knew the answer. Yes, according to Mosaic Law divorce was lawful. If Jesus disagreed, he was committing heresy. That is exactly what he did. Jesus upheld the dignity of women and he upheld the sanctity of marriage. He reached beyond Mosaic Law to the Creation Story quoting from Genesis 1:27 and 2:24. In Genesis 1:27 we are told that “God created mankind in his image; in the image of God, he created them; male and female he created them.” Therefore “That is why a man leaves his father and mother and clings to his wife, and the two of them become one body” (Genesis 2;24). Jesus then told the Pharisees, his disciples and us that “what God has joined together, no human being must separate” (Mark 10:9). These words are still used in marriage ceremonies today.
In the Catechism of the Catholic Church, we are taught that “Holy Scripture affirms that man and woman were created for one another: ‘It is not good that the man should be alone.’ The woman, ‘flesh of his flesh,’ i.e., his counterpart, his equal, his nearest in all things, is given to him by God as a ‘helpmate’; she thus represents God from whom comes our help. ‘Therefore, a man leaves his father and his mother and cleaves to his wife, and they become one flesh.’ The Lord himself shows that this signifies an unbreakable union of their two lives by recalling what the plan of the Creator had been ‘in the beginning’: ‘So they are no longer two, but one flesh’ (CCC 1605).
Immediately following his discussion on marriage and divorce, Jesus welcomed and blessed children - the fruit of marriage. The lives of children have always been vulnerable. Like women during the time of Jesus, children had no rights, they too were considered nothing more than property. To this very day, children have few rights. Unborn children are particularly vulnerable; they have no rights. Yet, as Jesus tells us, "The kingdom of God belongs to such as these" (Mark 10:14).
Today is Respect Life Sunday. As Catholics, we are called to cherish, defend, and protect those who are most vulnerable, from the beginning of life to its end, and at every point in between. Please remember to pray for the millions of people who have died because their lives were not valued and reflect on how the kingdom of God is diminished because of their deaths.
In your image you have made us, O God, male and female you have made us, knowing that it is not good for us to be alone. Through the work of your Spirit, restore to the children of Adam and Eve the holiness and harmony of creation's earliest days.
Give us faithful hearts,
that what you have joined together
no human power may put asunder.
We ask this through our Lord Jesus Christ, your Son,
who lives and reigns with you in the unity of the Holy Spirit,
God for ever and ever.
Amen