Type: supporting argument (off-timeline) · Assessment: contested — the reading that porneia in Matthew 19:9 means a marriage contracted within the forbidden degrees of kinship (Leviticus 18), so the “exception” recognizes an incestuous union that was never valid rather than dissolving a true marriage: genuinely grounded in first-century Palestinian-Jewish usage (Qumran) yet a minority reading that strains against Matthew’s own context · advanced by Joseph A. Fitzmyer and much modern Catholic exegesis
Related arguments: the exception clause — see also Does porneia mean a wife’s marital unfaithfulness? · Does porneia mean betrothal unchastity? · Does porneia extend to spiritual fornication?
A third group of interpreters prefer to use the specific meaning of porneia that is used in Acts 15:20, 29… understanding it to mean illicit marital unions within the degrees of kinship proscribed by Lv 18:6–18. This is preferred because of the Jewish-Christian problem envisaged in Acts 15 and the concerns of the Matthean Gospel itself. Of these three main positions I think that the last-mentioned is the one to be preferred, since there is now further evidence from Qumran literature to support it.
— Joseph A. Fitzmyer, “The Matthean Divorce Texts and Some New Palestinian Evidence,” Theological Studies 37 (1976): 210.1 On this reading the exception is not a divorce at all: the union was incestuous and void from the start, so Jesus’ absolute prohibition of divorce stands intact and Matthew merely notes that a marriage which should never have been contracted may — must — be broken off.
The reading was popularized in Catholic scholarship by Joseph Bonsirven and developed by Heinrich Baltensweiler (Die Ehe im Neuen Testament, 1967); its most influential statement is Joseph A. Fitzmyer’s 1976 study, which added the Qumran evidence.2 Its appeal is largely confessional as well as philological: because it makes the “exception” a recognition of nullity rather than a true dissolution, it lets an interpreter hold Jesus’ prohibition of divorce as strictly as Augustine and the Council of Trent did while still giving Matthew’s clause a concrete first-century referent — hence its favor among exegetes committed to indissolubility. It is a genuinely modern reading: no father in the surveyed record glosses porneia in the exception as incest.
The case is a chain of three links. (1) Acts and 1 Corinthians. In the Jerusalem decree (Acts 15:20, 29; 21:25) porneia stands in a list otherwise made of food-laws — things offered to idols, blood, things strangled — which line up, in that order, with the Holiness Code’s rules for the resident alien in Leviticus 17–18; the fourth item there is “intercourse with close kin” (Lev 18:6–18), so porneia in the decree plausibly denotes marriage within the forbidden degrees, not sexual sin in general.3 And Paul uses porneia for exactly such a case — the Corinthian “a man has his father’s wife” (1 Corinthians 5:1). (2) Qumran. Fitzmyer’s new evidence was the Damascus Document, where the Hebrew zĕnût (the term the Greek Old Testament renders porneia) is used precisely of forbidden-degree marriage: CD 4:20–5:11 indicts men who “take (as wives)… the daughter of his brother and the daughter of his sister,” against Leviticus 18:13 — “‘missing-link’ evidence for a specific understanding of zĕnût as a term for marriage within forbidden degrees of kinship… found among Palestinian Jews of the first century B.C. and A.D.”4 (3) Setting. A Jewish-Christian audience wrestling with Gentile converts (Matthew’s community, like the Acts-15 problem) would have live cases of couples married within degrees Judaism forbade; the clause, on this reading, tells such converts that these unions must end — without touching the prohibition of divorcing a valid marriage, so “the exception… may be said not to render the prohibition of divorce less absolute.”5
What holds. The Qumran datum is real and important: it is now beyond dispute that some first-century Palestinian Jews could and did use zĕnût/porneia specifically of incestuous or forbidden-degree marriage. So the reading is not a modern invention imposed on the text; it draws on a documented contemporary usage, and its account of porneia in the Acts decree (a Leviticus-17–18 kinship rule) is a serious, widely-held exegesis of that passage. On the strength of the DSS lexical evidence, the reading cannot be dismissed out of hand.
What is overstated or imprecise. Three things weigh against carrying it into Matthew. (1) A possible sense is not the default sense. That porneia can denote incest does not make it a technical term a reader would so understand without contextual cue; its ordinary range is sexual immorality broadly, and Matthew supplies no Leviticus-18 signal.6 (2) The Acts context differs from Matthew’s. The narrowed sense is drawn from a Gentile-inclusion, table-fellowship decree; transferring it into a divorce logion addressed to a man and his wife in the Deuteronomy-24 frame the Pharisees raise is not automatic. Fitzmyer concedes the generic sense is “not impossible” and rests his preference on weighing Palestinian over Hellenistic concerns — a judgment, not a demonstration.7 (3) It over-explains Matthew’s singularity. If the clause merely recognized already-void incestuous unions, it is unclear why the absolute logia of Mark and Luke would need the “correction” at all — a void marriage is not a marriage in any of the Gospels. A reading on which Matthew states a real exception (a wife’s unfaithfulness) that the other evangelists compress explains the difference more economically.
Contested. The unlawful-marriage reading is strong by one discipline’s lights and weak by another’s. Its lexical foundation — that zĕnût/porneia could denote forbidden-degree marriage in first-century Palestinian Judaism — is now solidly documented at Qumran, and its reading of the Acts-15 decree is respectable; that is enough to keep it a live option rather than a curiosity, and to explain its standing among Catholic exegetes committed to indissolubility. But its application to Matthew is contested and, on balance, the harder case: nothing in the Matthean context signals the incest-sense, the sense is borrowed from a differently-aimed decree, and the plain reading (a wife’s marital unfaithfulness) accounts for the text with fewer moving parts. The verdict is genuine disagreement without a clear winner — a coherent minority reading whose evidence is real but whose fit to this passage is doubtful.
Joseph A. Fitzmyer, “The Matthean Divorce Texts and Some New Palestinian Evidence,” Theological Studies 37 (1976): 197–226, at 210; reprinted in Fitzmyer, To Advance the Gospel (Crossroad, 1981), 79–111. ↩
On the lineage — Bonsirven as popularizer, Baltensweiler (Die Ehe im Neuen Testament, Zurich, 1967) as developer — see Fitzmyer, “The Matthean Divorce Texts,” 210 and n. 52. ↩
Fitzmyer, “The Matthean Divorce Texts,” 208–209 — the decree “forbids, in fact, four of the things proscribed by the Holiness Code of Lv 17–18… meat offered to idols… the eating of blood… things strangled… and intercourse with close kin (Lv 18:6–18).” ↩
Fitzmyer, “The Matthean Divorce Texts,” 220–221, on CD 4:20–5:11 (the Damascus Document); the Temple Scroll (11QTemple 57:17–19), forbidding the king polygamy and divorce, is adduced at 215–216 as further first-century Palestinian evidence that some Jews proscribed divorce outright. ↩
Fitzmyer, “The Matthean Divorce Texts,” 221, 223 — “the exception for an illicit union (or for a marital situation that should not have been entered into to begin with) may be said not to render the prohibition of divorce less absolute.” ↩
For the objection that porneia is not a technical term for incest, and a rival narrowing (marital/betrothal infidelity read against ancient Near Eastern “divorce with just cause”) that engages Fitzmyer directly, see David Janzen, “The Meaning of Porneia in Matthew 5.32 and 19.9,” Journal for the Study of the New Testament 23 (2001): 66–80. ↩
Fitzmyer, “The Matthean Divorce Texts,” 210 — conceding the generic Hellenistic sense “while not impossible, would be imposing on the word a predominantly Pauline and Hellenistic meaning in a passage which may have more Palestinian and Jewish concerns.” ↩