Summary: Jesus provides counsel on domestic disputes, sex crimes, adultery and divorce; and He even says something that can be applied to swearing on the Bible in a court of law. Jesus, being part of the court of heaven, knows about legal matters!

I have entitled our message for this morning, “Legal Counsel for Christians.” You may not realize it, but the Bible is full of courtroom imagery. The most noteworthy example is the great white throne of judgement seen in the book of Revelation (20:11-15). Did you know that Jesus will be there right alongside the Father in that final judgement? Paul said in 2 Timothy 4:1, “I charge you therefore before God and the Lord Jesus Christ, who will judge the living and the dead at His appearing and His kingdom.” We also read in Romans 2:16 that “God will judge the secrets of men by Jesus Christ.” Jesus understands the legal proceedings of heaven, and heavenly lawfare is much more complicated than what we find in the courtrooms of men. In our passage of Scripture, Jesus provides us some expert legal advice that we would do well to heed; so, let us go ahead and get started!

Settling Disputes Outside of Court (vv. 25-26)

25 Agree with your adversary quickly, while you are on the way with him, lest your adversary deliver you to the judge, the judge hand you over to the officer, and you be thrown into prison. 26 Assuredly, I say to you, you will by no means get out of there till you have paid the last penny.

The illustration Jesus presents here is a legal case concerning debt. “Such cases were settled by the local council of elders. A time was appointed when [the] plaintiff and defendant had to appear together. In any small town or village, there was every likelihood of them finding [each other] on the way to the court [and travelling there] together. When a man was adjudged guilty, he was handed over to the court officer . . . It was the duty of the court officer to see that the penalty was duly paid, and if it was not paid, he had the power to imprison the defaulter, until it was paid.”(1) Jesus taught that we would do best to settle our disputes outside of court. I believe He also taught that Christians, especially, should resolve their differences privately, as going to court is a bad public testimony.

We can also infer from what Jesus said that we need to head off a problem before it escalates. These verses can be applied to more than just court proceedings. “If a quarrel, or a difference, or a dispute is not [settled] immediately, it can go on breeding [more] and [more] trouble as time goes on. Bitterness breeds bitterness. It has often happened that a quarrel between two people has descended to their families . . . and has in the end succeeded in splitting a church or a society in two. If, at the very beginning, one of the parties had had the grace to apologize or admit [their] fault, a very [bad] situation need never have arisen.”(2) “Never leave an unreconciled quarrel or an unhealed breach between yourself and your [fellow] man. Act immediately to remove the barriers which anger has raised.”(3)

Stopping Crime within the Heart (vv. 27-30)

27 You have heard that it was said to those of old, “You shall not commit adultery.” 28 But I say to you that whoever looks at a woman to lust for her has already committed adultery with her in his heart. 29 If your right eye causes you to sin, pluck it out and cast it from you; for it is more profitable for you that one of your members perish, than for your whole body to be cast into hell. 30 And if your right hand causes you to sin, cut it off and cast it from you; for it is more profitable for you that one of your members perish, than for your whole body to be cast into hell.

Here, Jesus mentions adultery, which is a matter that would have certainly sent someone to court! However, in verse 28, He introduces a new concept; “adultery of the heart.” According to commentator William Barclay, Jesus was “not speaking of the natural, normal desire, which is part of human instinct and human nature. According to the literal meaning of the Greek, the man who is condemned is the man who looks at a woman with the deliberate intention of lusting after her. The man who is condemned is the man who deliberately uses his eyes to awaken his lust, the man who looks in such a way that passion is awakened and desire deliberately stimulated.”(4) He continues to note how “in a tempting world there are many things which are deliberately designed to excite and to stimulate desire. There are books, pictures, plays, [and] even advertisements.”(5) Barclay alludes to the deliberate consumption of pornographic material.

In verse 29, Jesus said, “If your right eye causes you to sin,” and then in verse 30, “If your right hand causes you to sin.” The word “sin” is the Greek word skandalizei, which comes from skandalon. Skandalon can mean “stumbling stone,” however, it has another meaning more appropriate to this passage. Skandalon is also the word used for “the stick in the trap that springs and closes the trap when the animal touches it.”(6) It is like the triggering mechanism in a large bear trap. “The skandalon is something which trips a man up, something which sends him crashing to destruction, [and] something which lures him to his own ruin,”(7) and the one who baits the trap is Satan. In 2 Timothy 2:26, Paul speaks about how he wishes that people would “come to their senses and escape the snare of the devil, having been taken captive by him to do his will.”

If we carry through the idea from verses 25-26, about heading off a problem before it escalates, it applies here as well. Adultery is a matter that would have involved a brutal trial. If convicted, it was punishable by death. We read in Leviticus 20:10, “The man who commits adultery with another man’s wife, he who commits adultery with his neighbor’s wife, the adulterer and the adulteress, shall surely be put to death.” Jesus was saying to go ahead and kill your eye or your hand, before your whole body is killed or put to death, and before your soul lands in hell. The apostle Paul said, “Those who are Christ’s have crucified the flesh with its passions and desires.” In other words, be proactive in dealing with your sins, so you are not judged for them later, either in court or by Almighty God. Paul said in 1 Corinthians 11:31, “For if we would judge ourselves, we would not be judged.”

So, are we supposed to literally dismember ourselves? Is that what Jesus had in mind? We read in verse 29 about the eye, to “pluck it out and cast it from,” and then in verse 30 about the hand, to “cut it off and cast it from you.” I want us to focus on the phrase “cast it from you,” as it does not mean to simply drop it on the ground beside you. The Greek word for “cast it” is ballo, which is where we get our English word for “ball.” Ballo means, “to throw it from you,” like when you attempt to throw a baseball as far as your strength will allow. So, Jesus was saying to get the offending body part – or more specifically to get the offending sin – as far away from you as possible!

According to commentator A.T. Robertson, “These vivid pictures are not to be taken literally, but powerfully plead for self-mastery.”(8) “What they mean is that anything which helps seduce us to sin is to be ruthlessly rooted out of [our] life. If in life there is a habit which can be a seduction to sin . . . if in life there is a pleasure which could turn out to be our ruin, then that thing must be surgically excised from [our] life.”(9) Now, since these words come immediately after Jesus’ warning about adultery of the heart, which deals with forbidden thoughts and desires, this passage compels us to ask ourselves: “How shall we be free from these unclean desires and thoughts?”(10)

“There is one way in which these forbidden thoughts and desires cannot be dealt with, and that is to sit down and to say, I will not think on these things. The more we say, I will not think of such and such a thing, the more our thoughts are in fact concentrated on it . . . There are only two ways to defeat these [undesirable] thoughts. The first way, [and] the best way, to defeat such thoughts is to do something; to fill life so full with Christian labor and Christian service that there is no time for these thoughts to enter in . . . The second way is to fill the mind with good thoughts.”(11) In Philippians 4:8-9, Paul said, “Whatever things are pure, whatever things are lovely,” and so forth, “meditate on these things . . . and the God of peace will be with you.” Proverbs 23:7 tells us, “For as [a man] thinks in his heart, so is he.” So, if we do not want to dwell on impure thoughts, and thus act on impure impulses, then we need to think things that are pure and lovely.

Divorce Must Be on Biblical Grounds (vv. 31-32)

31 Furthermore it has been said, “Whoever divorces his wife, let him give her a certificate of divorce.” 32 But I say to you that whoever divorces his wife for any reason except sexual immorality causes her to commit adultery; and whoever marries a woman who is divorced commits adultery.

Another thing for which people would have gone to court was divorce. Jesus emphasizes here how divorce should only happen on what we would call “biblical grounds,” or what is allowable in the sight of God. There is a lot to be said about divorce, and Jesus addresses the topic more extensively over in Matthew 19:3-12. However, today, we are only going to focus on what is presented in Matthew chapter 5. Here, in verses 31-32, Jesus moves from talking about “adultery of the heart” to “divorce.” Something that can lead to divorce is a desire to be with another person physically (someone other than your spouse); to cheat and to commit actual adultery.

When Jesus spoke these words, He did so amidst a troubling situation. The marriage bond, which had been so important to the Jewish people, was in danger. At that time, the world was witnessing the breakup of marriage and the collapse of the home, as the Jewish world had been infiltrated by the Greeks and Romans.(12) Among the Greeks, relationships outside of marriage carried no stigma whatsoever, and were accepted and expected.(13) With the Romans, religion and society was originally founded on the home, but by the second century B.C., Greek morals had infiltrated Roman culture, and the descent was catastrophic. Divorce became as commonplace as marriage.(14) As a result, the Jewish people began adopting the lax view of marriage held by the Greeks and Romans.

In verse 32, Jesus was elaborating on Deuteronomy 24:1-4. Deuteronomy 24:1, in the King James Version, says this: “When a man hath taken a wife, and married her, and it come to pass that she find no favor in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.”

The heart of the matter lies in the interpretation of the phrase “some uncleanness.” In Jewish law there were two schools. There was the school of Shammai, which was traditional; and the school of Hillel, which was liberal. Shammai and his school defined “some uncleanness” as adultery. The school of Hillel defined “some uncleanness” in the widest possible way. They said it meant that a man could divorce his wife if she spoiled his dinner by putting too much salt on his food, for example.(15) According to a certain Rabbi Akiba, “a man might divorce his wife if he found a woman whom he considered to be more attractive.”(16) In Matthew 5:32, Jesus was in line with the school of Shammai in defining “some uncleanness” as “adultery,” for He said, “Whoever divorces his wife for any reason except sexual immorality.”

At first glance, we might feel like Jesus was being too strict, and even condemning those who are divorced. It looks as though a Christian is not supposed to get divorced ever; but Jesus pointed out a reason for divorce – what you might call “biblical grounds” – which is being married to someone who has cheated and committed adultery. It also appears like a Christian cannot marry a divorced person, as Jesus stated, “Whoever marries a woman who is divorced commits adultery” (v. 32). But, based on what Jesus had just stated as the only legitimate grounds for divorce, this means that a woman would have been put away by her former husband only if she had committed adultery; that is, if the former husband was following the teachings of Shammai. So, it makes sense that a man who marries and adulterous woman would be an adulterer himself.

Of course, some women had been put away unfairly, for reasons other than adultery. So, what about them? Are they not allowed to be remarried and find happiness? The Greek verb here (moicheuthenai) means “victimized with respect to adultery.”(17) Commentator Frank Stagg tells us, “Jesus says that for a husband to divorce an innocent wife is to victimize her and her second husband should she remarry. It is to treat an innocent woman the way an adulteress is treated and to force a stigma upon her and her subsequent marriage.”(18) The focus is not on the sin of the woman, as she is innocent; but rather, the sin of the man who put away an innocent woman. Also, the prohibition seems to be against remarriage with someone who has committed adultery; not against remarriage with someone who is pure.

Commentator Clair Crissey tells us that “Jesus was raising the position of women and marriage to a new high. He was saying that marriage should be a permanent commitment, not a temporary contract. Jesus’ words about marriage and divorce are meant to reveal God’s ideal will for those who are trying to live as citizens of God’s kingdom. These words stress the seriousness with which marriage should be undertaken and maintained. But even here, failure to attain that ideal [state] does not rule out God’s forgiveness.”(19)

If you have been the victim of adultery, resulting in divorce – whether you were put away by your cheating spouse, or chose to leave of your own accord – remember that there is grace; and with grace comes the chance to begin again. The legal advice we gain from these verses is that we should stay out of divorce court if possible. Treat the marriage bond as holy and sacred; but if you are in an adulterous relationship, do what you must. Our God is understanding and compassionate in such circumstances.

Do Not Swear in Court or Anywhere (vv. 33-37)

33 Again you have heard that it was said to those of old, “You shall not swear falsely, but shall perform your oaths to the Lord.” 34 But I say to you, do not swear at all: neither by heaven, for it is God’s throne; 35 nor by the earth, for it is His footstool; nor by Jerusalem, for it is the city of the great King. 36 Nor shall you swear by your head, because you cannot make one hair white or black. 37 But let your “Yes” be “Yes,” and your “No,” “No.” For whatever is more than these is from the evil one.

John Michael Montgomery is a Kentuckian and popular country music artist. In 1993, one of his songs landed at number one on the “U.S. Billboard Hot Country Singles” chart and stayed there for nearly four weeks. Perhaps you will recognize the lyrics as I read them: “I swear, by the moon and stars in the sky, I’ll be there. I swear, like the shadow that’s by your side, I’ll be there. For better or worse, ‘til death do us part, I’ll love you with every beat of my heart, I swear.” Because I was familiar with the words of Jesus at the time of this song, I would always cringe when I heard it on the radio.

You see, swearing, or making a vow, is a serious matter in the Bible. For example, Ecclesiastes 5:4-6 says, “When you make a vow to God, do not delay to pay it; for He has no pleasure in fools. Pay what you have vowed. Better not to vow than to vow and not pay. Do not let your mouth cause your flesh to sin, nor say before the messenger of God that it was an error. Why should God be angry at your excuse and destroy the work of your hands?” And there is a biblical example of a man who basically took these words to heart. His name was Jephthah. Perhaps you have heard the account of “Jephthat’s Vow.” If not, let me give you a brief summary.

In Judges chapter 11, we read about Jephthah waging war with the Ammonites. “Before the fighting started, he vowed to the Lord that if he was victorious, on his return home he would sacrifice to God [whatever] met him at the door of his house. Then he successfully led his army against the Ammonites, destroying them with a terrible slaughter (vv. 29-33). When Jephthah returned home, he was shocked to find that the first person to meet him was his only child, his daughter, playing a tambourine and dancing for joy.”(20) If you are curious how the story turned out – and you can already imagine – then I encourage you to go home and read Judges chapter 11.

In the Old Testament, a vow was a serious matter and you had better follow through. So, be careful what you vow. Better yet, according to Jesus, do not vow at all! So, let us apply this understanding in a modern-day legal setting. When you take the stand to testify in court, you will be instructed to place your left hand on a Bible, and the Bailiff will tell you to raise your right hand. He will then ask you, “Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?” You will be asked to swear on the Bible and swear to God, which goes against what Jesus said.

So, is this something that people are forced to do, without any option? Well, I researched this issue. In the case United States v. Ward, the Ninth Circuit of Appeals ruled that modifications of the Oath were acceptable so long as they demonstrated “a moral or ethical sense of right and wrong.” These modifications were allowed to accommodate those who feel uncomfortable swearing religious oaths, such as the Quakers; as well as those who are not religious. The word “swear” may be replaced with “affirm,” and the phrase “so help me God” may be replaced with “under pains and penalties of perjury.”(21)

Time of Reflection

So, allow me to summarize the legal advice Jesus gave us in this passage. First, when we have a disagreement with a neighbor, it can lead to legal trouble. Jesus taught that we should settle our differences outside of court. Secondly, sexual misconduct can lead to legal trouble. Jesus taught that this bad behavior begins with adultery of the heart, so we need to be proactive in staying away from temptation. Thirdly, divorce can lead to legal trouble. Jesus taught that divorce is permissible when a spouse has been unfaithful; but divorce is messy. It is always best to fight for our marriage and work through our differences. And last of all, if you go to court, be careful about swearing before God. Breaking our word before God is much more serious than committing perjury before a court of law.

In closing, I want to take us back to Revelation, the courtroom in heaven, and the great white throne of judgement. In Revelation chapter 20, verses 11-12 and 15, John said, “Then I saw a great white throne and Him who sat on it, from whose face the earth and the heaven fled away. And there was found no place for them. And I saw the dead, small and great, standing before God, and books were opened. And another book was opened, which is the Book of Life. And the dead were judged according to their works, by the things which were written in the books . . . and anyone not found written in the Book of Life was cast into the lake of fire.”

In 2 Corinthians 5:10, Paul said, “For we must all appear before the judgment seat of Christ, that each one may receive the things done in the body, according to what he has done, whether good or bad.” One day we will all appear before the heavenly court to be judged for our works, and if we are not covered by the blood of Jesus, then our works will be found wanting and insufficient. The Bible says that we are not saved by our works, but by the grace of God (Ephesians) and the gift of His one and only Son (John 3:16). John 3:16 says, “For God so loved the world that He gave His only begotten Son, that whoever believes in Him should not perish but have everlasting life.” If you have not yet received the gift of God that covers our sins, then I invite you to confess Jesus Christ as Savior and Lord of your life.

NOTES

(1) William Barclay, “Matthew,” The Daily Study Bible, vol. 1 (Philadelphia: Westminster Press, 1958), p. 142.

(2) Ibid., pp. 142-143.

(3) Ibid., p. 143.

(4) Ibid., p. 144.

(5) Ibid., p. 144.

(6) A.T. Robertson, Word Pictures in the New Testament (Grand Rapids: Baker, 1930), p. 46.

(7) Barclay, p. 145,

(8) Robertson, p. 46.

(9) Barclay, p. 146.

(10) Ibid., p. 146.

(11) Ibid., pp. 146-147.

(12) Ibid., p. 148.

(13) Ibid., p. 151.

(14) Ibid., pp. 153-154,

(15) Ibid., pp. 149-150.

(16) Ibid., p. 150.

(17) Frank Stagg, “Matthew,” The Broadman Bible Commentary, vol. 8 (Nashville: Broadman Press, 1969), p. 110.

(18) Ibid., p. 110.

(19) Clair M. Crissey, “Matthew,” Layman’s Bible Book Commentary (Nashville: Broadman Press, 1981), pp. 36-37.

(20) Philip Comfort and Walter Elwell, ed., The Complete Book of Who’s Who in the Bible (New York: Castle Books, 2004), p. 280.

(21) “Sworn Testimony,” https://en.wikipedia.org/wiki/Sworn_testimony (Accessed August 4, 2023).