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Exodus 21:7-11: "And when a man sells his daughter to be a female servant, she does not go out as the male servants do. If she is displeasing in the eyes of her master who has engaged her to himself, then he shall let her be ransomed. He shall have no authority to sell her to a foreign people, because of him deceiving her. And if he has engaged her to his son, he is to do to her as is the right of daughters. If he takes another wife, her food, her covering, and her marriage rights are not to be diminished. And if he does not do these three for her, then she shall go out for naught, without silver."Tlaloc said:This is the case of John leaving Judy for what's her name who isn't married. While I quite agree with the assumption of polygamy, I would like to highlight (mostly to David) DaPastor's point #3. John would have abandon her, and thus broken the requirements of their marriage. I would submit that after Judy had taken all suggested steps to redeem John (and more as the circumstances permit) she would be blameless and free to remarry. It would not be Judy getting the divorce, but John giving it by default by his lack of provision.
It is true that the law in Exodus 21 is specifically related to the proper treatment of concubines, but I would think that the rights of the free woman would AT LEAST be equal to the rights of the bondwoman. I am in agreement with you that if any of these three issues (food, clothing or sexual relations) were diminished in the taking of a second wife, the first wife, whether free or slave, would have the right to "go out for naught". The husband who does not continue to provide for his wife upon taking another wife would be in violation of his wife's rights in the marriage and she would be free to leave. Whether she is free to remarry is another issue, however.
What this passage does NOT say is that a free woman would be entitled to leave her husband if he didn't provide for her food, clothing or sexual relations. This passage is only speaking about spousal replacement, which prevents one wife from effectively replacing the other. When he takes another wife, he must continue to provide for his first wife or she is free to leave. If he can not or will not provide for her as his sole wife, this passage cannot be used as justification for anything.
1 Corinthians 7:15-16: "And, if the unbelieving one separates, let him separate himself. A brother or sister has not been enslaved in such matters. But Elohim has called us to peace. For how do you know, O wife, whether you shall save your husband? Or how do you know, O husband, whether you shall save your wife?"Tlaloc said:In today's society (and even more so a couple decades ago) John could be especially nasty and refuse to sign papers of divorce for Judy, and that would cause her cascading legal issues until its resolved.
In the example of our fictional John and Judy, John is acting as an unbeliever (outside of faith) and Judy, as a believer, is allowed to let him leave. "Elohim has called us to peace." The believer should not contest the divorce, whether the husband or the wife. Rather, he or she should let the unbeliever separate in as peaceful a way as possible, not creating unnecessary disturbances.
I would think Mark and I would agree on the following:Tlaloc said:can you reach an agreement for Judy in this last case? If so are there any practical cases where you disagree? If not are there any other cases you disagree?
John is a Christian man and marries Judy, a Christian woman. Neither have been married before. A few years into the marriage, John decides he no longer desires Judy, abandons her, and runs off with his secretary Betty, an unmarried woman. In this example, no adultery has taken place, yet John has abandoned his wife and has EFFECTIVELY replaced Judy with Betty. Per Ex. 21 and 1 Cor. 7, we would agree that Judy is permitted to let him go. We would both say she is blameless.
What I believe we still need to hash out in this particular scenario is whether Judy is free to remarry, since John has not given her a certificate of divorcement. In addition, from my point of view, Judy has done nothing to deserve divorcement, so even a certificate signed by the husband would be worthless in this case. In fact, this is the direct cause for the "serial monogyny" effect we see today. Dump one, replace her with a newer model. I believe this was the very issue Yeshua was addressing and debunking in Matt. 5:31-32. John is forcing Judy to commit adultery by his abandonment.
The flip-side of this would be that if Judy were to file for a state-recognized certificate of divorce, I do not see that as being the same thing as permission to remarry. If John were being forced by the state to sign something he did not agree with, it would not be binding either. From what I can see in Scripture, she has to EARN it, and then he has to willingly ENFORCE it. If she didn't deserve the divorce, it didn't happen. If he didn't enforce the divorce, it didn't happen.
People are going to do what people are going to do. In a perfect world, this would be a non-issue, but we have to deal with the hand we are dealt. Knowing what we should do and being able to walk it out aren't always the same thing. But as Mark already pointed out,
Love in Him,Mark C said:There comes a time to recognize that the ONLY recourse for an utterly messed up situation is to be thankful for the blood of our Kinsman-Redeemer.
David