Let’s examine the historical and cultural context of marriage in Rome during the first century to gain a better understanding of the New Testament. In Roman law of the 1st century, it was illegal for a man or woman not to be married between the ages of 25 and 60 (for men) and 20 and 50 (for women). So, for the Romans, celibacy was a crime, and there were restrictions on those who were celibate; this is one of the many issues that put Christians at odds with the Roman Empire. Especially Paul, because he was celibate and encouraged (but did not require) celibacy in 1 Corinthians 7.
The Lex Papia Poppaea, established around 9 AD, served as the legal framework for Roman Marriages by the 1st century. This law extends marriage laws made almost two decades before it, referred to as Lex Julia (de Maritandis Ordinibus and de Adulteriis Coercendis). Men between 25 and 60 and Women between 20 and 50 were required to be married by law unless there was some notable exception. Augustus instituted the “Law of the three sons,” which favored men who had at least three male heirs. Celibacy within the marriageable age range was frowned upon and punished. Adultery was generally punished by exile to islands, and each offender was sent to a different island. Also, there was the confiscation of half of an offender’s property. Fathers were permitted to kill adulterous daughters and their partners, and husbands could kill the cheating partner under certain circumstances. The men were required to divorce their unfaithful wives. Caesar Augustus himself banished his daughter Julia and her eldest daughter, Julia the Younger, under the law. The divorce laws were relatively lax at that time, and one could leave their spouse’s home (or put them out) to initiate a divorce; there was no special requirement, nor was a legal document required to confirm the divorce. Caesar did not care who was married to whom, but it did matter that everyone was married to someone for procreation and expanding the empire.
It’s worth taking note of things like this so that we can properly contextualize the culture of the New Testament. This way, when reading about subjects like marriage and divorce, we can see why Jesus or Paul said what they said to whom they were talking. This provides us with background information on what the Gentiles believed about these subjects before they became Christians. Jesus and Paul don’t denounce divorce, but they do give it proper biblical contextualization by referencing the Torah’s requirements for divorce. Their teachings on the subject were in contrast to both the first-century Jewish redefinition of divorce rules, as recorded in the Talmud, and the Roman customs to which Gentile believers were accustomed. In Roman law of the 1st century, it was illegal for a man or woman not to be married between the ages of You can read my essay on divorce in the New Testament here.
Resources:
Roman Divorce – Playmobile Sideshow
Roman Law – Lex Papia Poppaea