‘And in the house the disciples asked him again of this matter, and he says to them, “Whoever shall put away his wife and marry another, commits adultery against her, and if she herself shall put away her husband and marry another, she commits adultery.” '
This was all so startling that it is not surprising that the disciples wanted clarification on the matter (Matthew tell us that they said, ‘in that case it is not a good idea to marry', a logical but not very practicable idea). Under Jewish law a man could divorce his wife but a wife could not divorce her husband (although in extreme cases she could go to court for the court to do it for her). Nor according to the Rabbis could a man commit adultery against his wife, for he could take a second wife, but he could commit adultery against another man by taking that man's wife, and a wife could commit adultery against her husband. However under Roman law a wife could also divorce her husband. The prime example of it as far as Jesus and the disciples were concerned was Herod and Herodias. That was the most infamous example of divorce and remarriage in the area and had been carried out under Roman law. And it was John the Baptiser's opposition to this that had contributed largely to his death. It is not therefore surprising that Jesus, rather daringly, made a reference to that situation.
‘Commits adultery against her.' The Jewish teaching did not go this far. A man could not in their eyes commit adultery against his wife. But Jesus went further than they did. He claimed that divorce was as wrong for a man as for a woman and equally for him a breaking of the commandment on adultery, for by it he forces the committing of adultery on the woman.
‘And if she herself shall put away her husband and marry another, she commits adultery.' This is probably to be seen as a direct condemnation of Herodias' second marriage (it could hardly not have been in mind when the subject was discussed, especially in view of what had happened to John the Baptiser), and was spoken only in the presence of the disciples. Had He said it in front of the Pharisees it would have been the equivalent of a rope about His neck. But He wants His disciples to know that He agrees with John the Baptiser. But no doubt He also saw it as applying more generally. Divorce under Roman law was undoubtedly reasonably well known in Palestine, especially in court circles, and no doubt its popularity had increased following the example of Herod. Thus it was necessary for it to be condemned
These words are peculiar to Mark and differing authorities have slightly different renderings. But the main import is the same. A woman who divorces her husband and marries another, as Herodias had done, commits adultery.
This whole statement on divorce which we have looked at above, and which Jesus gave on His own authority based on the Scriptures, was a powerful claim that He could settle Pharisaic disputes because of Who He was, and set aside their rulings by a solemn declaration. It was an example of, ‘But I say to you.' (compare Matthew 5:21-48). And in the circumstance of the time, and in view of what had happened to John the Baptiser, it was an indication of His fearlessness, and that He saw it as His right as a prophet even to speak against kings.
So this declaration on the significance and purpose of marriage, which swept aside all other rulings on the subject on the basis of the word of God, demonstrated His claim to unique authority and established that the Kingly Rule of God had come. This was His first indication to Judaea and Jerusalem that a new age had come in which men would be turned back to how things were in the beginning before man had sinned.