Thursday, April 15, 2021

Monte S. Nyman on Divorce and D&C 42

 

 

D&C 42:75-77 No Divorce Except For Fornication

 

74 Behold, verily I say unto you, that whatever persons among you, having put away their companions for the cause of fornication, or in other words, if they shall testify before you in all lowliness of heart that this is the case, ye shall not cast them out from among you;
75 But if ye shall find that any person have left their companions for the sake of adultery, and they themselves are the offenders, and their companions are living, they shall be cast out from among you.
76 And again, I say unto you, that ye shall be watchful and careful, with all inquiry, that ye receive none such among you if they are married;
77 And if they are not married, they shall repent of all their sins or ye shall not receive them.

 

The Lord gave the Church the same law concerning divorce that He gave the Saints in New Testament times, the only cause being fornication (v. 74, Matthew 5:31-32; 19:9). This instruction has been generally interpreted to mean that the only just grounds for divorce are adultery; in the past, and presently, several states and nations have adopted laws to this effect. The Lord said to accept those who had left their partners because of fornication, but if they had committed adultery themselves and had left their partners, they were not to be accepted (D&C 42:75). Therefore, the Lord makes a distinction between the two sins. An examination of biblical passages will explain the difference:

 

8 And I saw, when for all the causes whereby backsliding Israel committed adultery I had put her away, and given her a bill of divorce; yet her treacherous sister Judah feared not, but went and played the harlot also.
9 And it came to pass through the lightness of her whoredom, that she defiled the land, and committed adultery with stones and with stocks.
10 And yet for all this her treacherous sister Judah hath not turned unto me with her whole heart, but feignedly, saith the LORD.
11 And the LORD said unto me, The backsliding Israel hath justified herself more than treacherous Judah. [Jeremiah 3:8-11]

 

The children of Israel forsook Jehovah to worship the pagan god Baal. The Lord termed this sin adultery since He (Jehovah) was symbolically married to Israel to produce His children. This He classifies as a physical violation of the marriage covenant. The Lord invites Israel to repent and return unto Him from this sin (see Jeremiah 3:12-14).

 

In New Testament times, the Lord accuses the kings of the earth of committing fornication with Babylon: “For all nations have drunk of the wine of the wrath of her fornication, and the kings of the earth have committed fornication with her, and the merchants of the earth are waxed rich through the abundance of her delicacies” (Revelation 18:3). This seems to refer to perverted Christianity being adopted as a state religion. Because of this the Lord does not invite their return, but pronounces her destruction after the people are come out of her see Revelation 18:4-8). Fornication is aptly described by Isaiah when he says: “this people draw near unto me with their mouth, and with their lips do honour me, but have removed their heart far from me, and their fear toward me is taught by the precept of men” (Isaiah 29:13). Thus, fornication may be classified as a spiritual violation of the marriage covenant. The Apostle Paul seems aware of this definition: “Lest there be any fornicator, or profane person, as Esau, who for one morsel of meat sold his birthright” (Hebrews 12:6). The author of Chronicles supports the interpretation also: “Moreover, he made high places in the mountains of Judah, and caused the inhabitants of Jerusalem to commit fornication, and compelled Judah thereto” (2 Chronicles 21:11).

 

The law of the Church concerning divorce is thus one of a spiritual violation of the covenant, and not a physical one. Although the physical violation could lead to the spiritual dissolving of a marriage, the divorce should not be given unless the spiritual bond is broken, and even then divorces should be a last resort. Moses allowed divorce, according to the Savior, due to the hardness of people’s hearts (Matthew 19:5). The same policy is apparently the law of the Church today. A reconciliation should be sought first (42:88), but if this does not work then church disciplinary action should be taken, in private and not before the world (D&C 42:89). (Monte S. Nyman, Doctrine and Covenants Commentary, Volume 1: More Precious Than Gold [Orem, Utah: Granite Publishing and Distribution, 2008], 362-64)