Remarriage of Guilty Party after the Death of One’s Spouse

Hello. I have a question. Can the one, who is divorced for the purpose of “fornication,” remarry when their now “old” spouse dies (Romans 7:1-3)? Does the death of a spouse give eligibility to remarriage, no matter what the circumstance (even in the case of unscriptural divorce)?  Thank You. Anthony Grigsby- Dayton, Ohio USA

    Strictly speaking, the New Testament records our Lord’s prohibition of the spouse guilty of adultery or fornication, who then is divorced by his or her mate, from marrying again (Matthew 5:32; 19:9). The prospect of the innocent (sinned-against) spouse dying and whether the guilty party can then remarry is not entertained in those passages.

    Romans 7:1-3 uses the marriage covenant to illustrate regarding the following verses that mankind is no longer bound to the Old Law after it is dead and removed, but that mankind can and must recognize the binding nature of the New Testament. Further, this illustration about marriage emphasizes the impropriety of either trying to have two husbands or abide by two law systems at the same time. Though Romans, in that illustration, mentions that death dissolves marriage, enabling the survivor to remarry, divorce is not a part of the equation in the passage.

    In other words, neither any of the passages under consideration, nor other passages outside our current consideration, speak to the specific circumstance of a divorce of an adulterer and his subsequent remarriage, irrespective of whether one’s spouse is alive or dead. Therefore, a direct answer as to whether a spouse divorced for adultery or fornication can remarry with God’s approval after the former spouse dies does not appear in Scripture.

    What persons, brethren or not, who have little or no respect for the authority of the Bible conclude is of no consequence to sincere students of the Bible. However, brethren who have a healthy respect for the authority of Scriptures come to conflicting conclusions as to whether the guilty party to a divorce because of adultery or fornication may remarry with God’s approval after the death of the former spouse. Some conclude that the guilty spouse put away is under a prohibition from God to not remarry irrespective of the innocent party to a divorce because of adultery; if that is so, the death of one’s former spouse would be immaterial. It may be argued that the guilty party to a divorce for the cause of adultery or fornication is no longer under the law of the husband (Romans 7:3), and that the death of that spouse, then, doesn’t release the adulterer or fornicator from the prohibition of remarriage. Other brethren, basing their conclusion solely on the relationship of marriage, though fractured by divorce because of adultery, in spite of the fact that the innocent spouse may have remarried, suppose that death erases the prohibition to remarry. (Just what, then, would be the relationship of persons in that failed marriage: an innocent spouse, a new innocent spouse and a guilty spouse that cannot remarry due to some connection to the former spouse?)

    There is always a way that cannot be wrong (i.e., a way that is safe beyond question). Since marriage, divorce and remarriage is a doctrinal question that can affect eternities, one needs to be sure that the choices made respecting this are correct. The consequences for a wrong decision here cannot be undone in the next life.

Author