Wednesday, March 11, 2009

" The wife should not separate from her husband ... and that the husband should not divorce his wife"

The Pauline Privilege (Privilegium Paulinum) is a Christian concept drawn from the apostle Paul's instructions in the First Epistle to the Corinthians.
In Paul's epistle it states:
“ To the married I give charge, not I but the Lord, that the wife should not separate from her husband ... and that the husband should not divorce his wife. To the rest I say, not the Lord, ... But if the unbelieving partner desires to separate, let it be so; in such a case the brother or sister is not bound. For God has called us to peace. (1 Corinthians 7:10-15, RSV) ”

The first section, "not I but the Lord", matches Jesus' teaching on divorce, found in the Expounding of the Law, Matthew 19:9, Luke 16:18, and Mark 10:11. The second section, "I say, not the Lord", gives Paul's own teaching on divorce.

In the Catholic Church and in some Protestant denominations (though most Protestants allow divorce in all serious circumstances), this is interpreted as allowing the dissolution of a marriage contracted between non-believers in the case that one (but not both) of the partners converts to Christianity and the other partner leaves the marriage.

It is said that the Pauline Privilege differs from divorce in that it leaves the Christian partner free to remarry, despite the fact that Paul does not himself comment on the lawfulness of such a remarriage. It differs from annulment because it dissolves a valid actual marriage, in favor of the faith of the Christian partner, where annulments declare that a marriage was invalid from the beginning.

According to the Catholic Church's canon law, the Pauline Privilege does not apply when either of the partners was a Christian at the time of marriage. Under Catholicism, the Petrine Privilege may be invoked if only one of the partners was baptized at the time of marriage.
Controversy

Some denominations do not recognize the Pauline Privilege as allowing for the dissolution of marriage, arguing that marriage is not the "bondage" referred to in Paul's instruction.

Controversy

Another point of contention is what constitutes a "desire to separate" on the part of the unbelieving partner. Some recognize abuse as equivalent to a "constructive desertion", thus providing grounds for invoking the privilege

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