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What are the reasons why today the Church allows the possibility of divorce for married spouses?

Archpriest Maxim Kozlov answers:

"First and main reason, as a basis for divorce, is indicated in the Gospel, when the Lord, in the Sermon on the Mount, speaks of the indissolubility of the marriage union, except for the guilt of adultery. That is, such a distortion of marriage, after which we can say that, in fact, it, as the unity of two people before God, ceases to exist.

For a church divorce is not a sanction for spouses to separate, it is a statement that their marriage has ceased to exist as a unity that can be sanctified before God in the Church. And the Church testifies to this: yes, this is a tragedy, this is a misfortune, but this no longer exists. The sin of adultery destroys a marriage or distorts it so much that it can be recreated rather than preserved. Recreated by the repentance that the sinner brings, and the forgiveness that is granted by the innocent of this sin. And we are talking here not about preservation, but about reconstruction, revival, new construction of the family.

Anyone who has experienced such a misfortune knows from experience that after adultery of one of the spouses, it is necessary to re-establish and fasten all the thinned or broken threads of the relationship. And this becomes possible only if there is a real willingness to forgive. But if forgiveness is impossible, then church canons, the innocent spouse is given the right to enter into another legal marriage.

In the historical life of the Church, the range of grounds for divorce was expanded, but this was based on the same principle, that is, adding to adultery this kind of sins, which, in fact, also make marriage really non-existent.

And in Byzantium, and then in Rus', and in a time closer to us - at the Church Local Council of 1917-1918, and then - at the anniversary Council of 2000 - the reasons for which the dissolution of a church marriage is allowed were listed. Actually, it will be enough to mention the last two church decrees.

So, at the Council of 1917–1918 it is said that, in addition to adultery or the entry of one of the parties into a new civil marriage, the grounds for divorce are:

— The fall of one of the spouses from Orthodoxy. That is, if he was a believing Christian, but after some internal crisis he left or joined another faith (say, to some sect: Mormons, Jehovah's Witnesses, the Moscow Church of Christ - and became a practicing adherent of it, then more into a non-Christian religion - the same Hare Krishnas), or simply became a militant atheist, it is clear that this kind of apostasy makes church marriage impossible, and gives the innocent party the right to divorce.

— Inability for marital cohabitation of one of the spouses, either as a consequence of congenital unnatural bodily defects of one of the spouses, or as a consequence of intentional self-mutilation that occurred before marriage. Let's say, when getting married, the bride or groom, through some irresponsible thoughtlessness, concealed that they were incapable of normal marriage life. In this case, of course, the second spouse is free from marital obligations. Before the revolution, there was a whole sect of eunuchs, and even now there are some non-Christian cults that also allow some kind of self-mutilation and self-castration. And it’s clear that if one of the spouses has fallen into such a catastrophic error, into such heresy, then he simply, by definition, cannot be normal member families.

- The disease of leprosy, since this disease puts a person outside of everyone social opportunities due to the need for his complete and lifelong isolation. Therefore, the Church also does not consider it necessary to consider the other spouse bound by marriage to someone who will still be torn away from him forever (I do not mean the possibility of material care and nourishment).

- Syphilis disease, because in ninety-nine cases out of a hundred, if not in nine hundred and ninety-nine out of a thousand, the responsibility for this lies with the sick person himself, and is not associated with random factors.

- A long and unknown absence of one of the spouses, who left unknown where, abandoned his family, and there is no news about him. Or the long-term absence of a husband who did not return from the war when those terms had already expired. natural timing expectations by which one can hope that he is alive and will return. However, this is only a right to divorce, not an obligation. That is, this does not mean that a widow waiting for her husband who has not returned from the war will act wrongly if she remains faithful to him to the end. Of course, she will do better. But the Church simply does not bind her with such obligations for the rest of her life, especially if she, on her life path, a worthy person will still meet.

- Condemnation of a husband or wife to punishment, coupled with deprivation of all rights of the estate. This is a pre-revolutionary standard of judicial sentencing, which was applied to the most serious criminals, say, murderers or those who attempted to kill the Emperor. It is clear that in our time the Church does not consider the wife of a serial killer, about whose crimes she knew nothing, to be related to him by marriage; the Church also cannot place such burdens on her.

- An attack on the life and health of either a spouse or children - which now happens, as a rule, in a state of alcohol or drug addiction, when a person falls into some kind of inadequate state and poses a threat to the lives of loved ones. Of course, to consider that the unfortunate wife of such a drug addict should even suffer murder from him when he has smoked another drug, including, perhaps, his children, would be contrary to the very meaning of love, as the law of church life.

— Snitching and pimping, that is, inducing a spouse to have indecent relationships with other persons. (By the way, everyone involved in external in vitro fertilization also falls under this category, even though the element of sexual pleasure is excluded here.)

— Taking advantage of the indecency of a spouse. That is, this kind of anomalous situation that, unfortunately, occurs today, when, say, a husband encourages his wife to lead a deliberately unkind life and at the same time derives some kind of material benefit for himself.

— An incurable, severe mental illness that makes a person absolutely inadequate for life.

- Malicious abandonment of one spouse by another, for example, when a wife says to her husband: live as you want, I have my own life now, don’t interfere with me, do as you want. And he kicks him out of the apartment. Of course, this is also grounds for divorce.

Currently, the Council of 2000 has supplemented this list of grounds for divorce with the following reasons:

— AIDS (the reasons here are the same as for syphilis).

— Medically certified chronic alcoholism and drug addiction.

- The commission of an abortion by a wife with the disagreement of her husband, alas, entered the life of our Fatherland most likely already in the 20th century. That is, if the husband made every possible effort to prevent the murder of the baby in the mother’s womb, but she, despite everything, agreed to this, then it is clear that the moral consciousness of a Christian husband may resist further live with a woman who is a child killer.”

Wedding is one of the sacraments performed by the Orthodox Church. A beautiful and solemn ceremony attracts newlyweds. But it often happens that a wedding is just a tribute modern fashion, the young spouses do not understand the enormous responsibility they have taken upon themselves. Debunking a church marriage is condemned and not welcomed by the priesthood. After all, relationships blessed by God are once and for all!

The main reasons for the dissolution of a marriage consecrated by the church

When a divorce has officially taken place in the registry office, the former spouses want to dissolve their relationship in the church, but for this there must be particularly compelling reasons, and their fact will need to be proven:

• Infidelity(treason, adultery) of one of the spouses. According to the Teachings of Christ, this reason alone was previously the only reason for divorce. This is a huge sin and nowadays there are practically no refusals on this basis.
• The fall of one of the spouses from Orthodox faith . To recognize this reason, the church will require proof of conversion to another religion or recognition of oneself as an atheist. The most terrible sin a person's transition to Islam or paganism is considered.
• Polygamy(polygamy). This refers to the acquisition by one of the spouses of a second family on the side if there is an existing one. This is strictly prohibited from both the Orthodox and civil point vision.
• Presence of sexually transmitted diseases in one of the spouses. Another proof adultery.
• Long absence of husband or wife(missing in action). Moreover, the church recognizes a person as missing after 2 years (for those who took part in hostilities and for sailors), in other cases the period of absence is calculated at 5 years. Russian legislation V in this case declares a person dead.
• Attempts to cause harm to the life and health of household members(spouse, children, parents). This includes, among other things, the commission of sexual or lewd acts against minor children.
• Imprisonment of husband or wife.
• Mental illness. An incurable mental illness that often poses a danger to others.
• Complete infertility of husband or wife.
• Incest. Sexual intercourse or entering into a marriage with blood relatives.

Today, many couples, when registering their marriage, prefer to accompany this process beautiful ritual weddings in the church. And only a few realize the seriousness of the religious sacrament, as well as the responsibility that is placed on them after the wedding.

Coming to the civil dissolution of marriage, spouses ask themselves: ? The Orthodox Church provides a special procedure for this.

What is the fundamental difference between “debunking” and civil divorce?

As you know, a civil divorce can be carried out in one of two instances:

• at the registry office;
• in a court.

This will depend on certain circumstances, namely: the presence of minor children, mutual/non-mutual consent of the spouses, attendance/non-appearance at scheduled previous meetings, etc.

Divorce in church order has no gradation relative to authorities. The Church does not implement legal proceedings regarding divorce cases, despite the presence or absence of children of the spouses. To obtain a clergyman’s resolution to break the marriage bond, it is enough submit a petition to the diocese.

It is important to know! Divorce in the church order is already carried out on the basis of the act of civil termination marriage: or court decision.

Where is it easier to get a divorce: in the church or in civil authorities?

In some cases, the procedure for a church divorce can be significantly simpler than its civil version. First of all, this applies to those cases where the divorce takes place in court.

The trial process is longer than in the registry office and the church. The trial may be extended several times by the judge, since it occurs in the following cases:

• presence of minor children;
• disagreement of one of the spouses to break the marriage bond;
• failure to appear at the registry office.

Despite the relative simplicity of the procedure, you should not take the issue of church marriage and divorce lightly. The Church has a very negative attitude towards the facts of breaking family ties, as well as their reasons.

For your information! Those who want to “debunk” will need to carefully prepare to argue the reasons for this. Their list is limited, clearly stated in some church acts. This is the complexity of the procedure for a church divorce, as opposed to a civil one. An ordinary desire Spouses are indispensable here.

What acts of church legislation regulate the issue of divorce?

Back in 1917-1918. Cathedral Orthodox Church the act was adopted - “Definition on the reasons for the dissolution of a marriage consecrated by the Church”. The document defined the reasons that were considered “legal” in church circles for ending a marriage between married spouses. These circumstances are still accepted by the church as valid reasons for carrying out the “debunking” procedure.

First of all, the document regulating issues of church marriage and its dissolution today is the “Fundamentals of the Social Concept of the Russian Orthodox Church” (2000). In Chapter 10 of this document– “Issues of personal, family and public morality” – sets out the position of the church in relation to divorces and the procedure for committing them.

Also in 2000, the “Charter of the Orthodox Church” was adopted, in which special attention is paid to the procedure for examining divorce cases by diocesan clergy.

Interesting! The Orthodox Church of the Moscow Patriarchate decided to collect requirements for the conclusion and dissolution of church marriages within one specialized document - “On Church Marriage” (2015). His project can be found on the official website of the religious structure.

The relationship between church, civil and de facto types of marriage

Civil marriage is a relationship officially registered in special government agencies. Registration is the fundamental difference between a civil marriage and an actual marriage, which is not formalized in the manner prescribed by law.

Interesting! As it turns out, in our time, unregistered cohabitation is mistakenly called a civil marriage.

A church marriage is a relationship sanctified with the help of a special church procedure– weddings. In some countries only church marriage unions recognized as legal, those that have legal force.

In our country, the relationship between these types of marriage bonds is as follows: civil marriage is endowed with legal force, which other types do not have. Actual unions do not receive the approval of the clergy. Church marriage is “superimposed” on civil marriage: the church recommends first officially legitimize the relationship between the spouses, and only after that cement the union before God.

What is the basis for church divorce?

If the reason for civil divorce may be the expressed desire of the spouses or one of them, then for the church procedure it alone is not enough. In order for the church to show leniency and give permission for a divorce, obvious evidence is needed that the family has broken up and there is no longer any chance of its restoration.

One of the most striking evidence for the church can be considered separation spouses for a long time.

The unconditional reasons why the church satisfies the desire of the spouses to “debunk” are:

• conflicts between spouses based on different religions;
• recognition by one of the spouses of his infidelity;
• officially confirmed in medical order diseases of one of the spouses: AIDS, syphilis, alcoholism, drug addiction, mental disorders;
• incurable problems certified by a doctor reproductive function one of the spouses;
• abortion without the knowledge and consent of the husband.

The Church also provides for the dissolution of a marriage if it was fictitious, based on violent coercion, blackmail and other illegal methods, if there is appropriate evidence and confession.

"Debunking" is also permitted if Cohabitation spouses becomes impossible due to excessive conflict, the use of violence in the family, and an attempt on the life of one of its members (including a child).

Church canons allow the dissolution of a marriage when it is considered illegal and according to civil laws:

• one of the spouses at the time of registration of this marriage had other undissolved marital ties;
• He joined next marriage in the course of a given married life;
• married spouses are related to each other;
• one of the spouses, being married, begins a relationship with a close relative.

It is important to know! The church is lenient towards one of the spouses even when the second one is missing and missing five years. In this case, the canons make it possible to free a person from bonds. This also applies to situations where the husband or wife are serious offenders sentenced to punishment with serious consequences (confiscation of property, etc.).

How to correctly draw up a petition for dissolution of a church marriage (sample)?

To effect a dissolution of a marriage that has been sealed church rite, it is necessary to draw up and submit a special petition addressed to the diocesan bishop - representative of the diocesan administration.

This document can be drawn up and submitted by either one or two spouses wishing to dissolve the marriage. To perform the procedure correctly, avoid possible delays in the consideration of a case due to errors in filling out the form, it is suggested that you familiarize yourself with a sample petition for the dissolution of a church marriage.

This document is quite simple in structure and does not require too much large quantity data. To create it, you must indicate:

• last names, first names and patronymics of spouses;
• wedding date;
• place of the ceremony;
• name of the temple;
• reason for divorce.

For your information! If there is a desire for one or both spouses to enter into a second church marriage already at the time of the divorce, this point can also be specified in the petition: ask permission from the diocese, indicating the details of the future wife and/or husband.

Filing a petition for dissolution of a church marriage

So, as we have already indicated above, the petition for “debunking” is submitted to the diocesan bishop. This means that the document should not be taken to the temple in which the priest performed the wedding sacrament, but directly to the diocese itself (at any level). The case will be submitted to the bishop for consideration, because it is within his competence to make decisions on terminating the bond.

You can submit a petition to the diocese on any day of the week, except weekends. For this, the presence of both spouses is not necessary. This procedure can be carried out by one person.

Only those applications that are accompanied by the established package of documents are considered:

• a copy of the civil divorce document (certificate);
• original wedding certificate;
• copies of documents that will substantiate the reason for church divorce (if necessary);
• copies of passports of divorcing spouses.

Important! Spouses will need to attend the hearing in person at the appointed time.

The procedure for considering a petition in the diocese

The procedure for considering each request is individual. But there are several general steps in it:

• review of the petition and documents attached to it by a commission in the diocese where they were submitted;
• transfer of a package of documents to a representative of the higher (regional) diocesan administration, who will make a decision on the case;
• consideration of the case together with the spouses during a personal conversation.

The duration of the conversation between the clergyman and the spouses is not regulated by any documents, nor is its content. During this time, the spouses will try in every possible way to reconcile.

If this cannot be done, already ex-spouses a document is issued with the priest’s resolution to terminate the marriage.

Repeated church marriage: myth or reality?

Regarding remarriages, church canons are quite strict. As a result of meeting certain requirements, it is possible to obtain permission to re-wedding divorced from another person. The Church allows no more than three marriages.

The next church marriage is most often permitted for the spouse who was not responsible for the dissolution of the bond in the first case. In such a situation, the sacrament of wedding takes place traditionally, just like the first time. But if both spouses enter into a church marriage again, then the wedding procedure for them will be slightly different from the first: crowns will not be placed on them (the “second order” procedure).

The church canon also provides for the possibility remarriage and for the “guilty” in the previous “debunking”. But for this it is necessary to fulfill church requirements - to perform repentance by performing penances.

Penance is the so-called “punishment” that is imposed by the church to atone for the sin of the perpetrator of the “debunking”. In their form, penance can differ significantly:

• pilgrimage to holy places;
• fast;
• almsgiving, etc.

The duration of penance (on average from two to three years), its form is chosen by the priest. It often depends on the extent of the “sin” that led to the dissolution of the church marriage.

Based on the results of “serving church punishment” and atonement for sin, the priest makes a decision: to satisfy or reject the person’s request for a second wedding.

Interesting! To obtain permission to enter into a third church marriage, the conditions and period of penance are tightened. At the same time, the person wishing to do so should not have children from his first two marriages, and his age should not exceed 40 years.

Thus, church divorce is not a fiction, but a real procedure that is carried out by the church. But due to the possibility of being “debunked,” you should not take a frivolous approach to consolidating marriage bonds through a church sacrament. When making a decision about a wedding, you need to be guided not by dreams of beautiful ceremony, but by seriousness of intentions and willingness to take responsibility for one’s actions.

The clergyman tells

In the video below, the rector of the Church of St. Basil the Great, Father Arkady, gives answers to questions about debunking.

The feelings of young people, tested by time and life's trials, are so strong that they require their continuation not only in a civil marriage, but also in a church blessing. But it also happens that some get married, paying tribute to fashion, to add solemnity to the wedding, for the sake of beautiful photos. And over time, feelings fade away, the spouses dissolve their civil marriage and look for ways to get a church divorce. But this is not always easy to do, because according to church canons, a married couple remains husband and wife even after receiving a divorce certificate from the registry office.

What is church divorce?

There is no concept of “divorce” in the church lexicon. Marriages are made in heaven, and it is not permissible for man to separate those whom God has joined together. A couple who has undergone a wedding ceremony is considered bound for the rest of their lives. family ties. And even after death, the spouse who left first will be waiting for his soul mate in heaven. Since ancient times, church marriage has been considered as the only one and not allowed to be repeated. But what to do if the spouses officially filed for divorce, dissolved the civil union, and then one of them wants to get married again or get married again, going through the sacrament of wedding again?

No priest will allow a wedding to take place until the previous church marriage has been dissolved. If it is acceptable for society to have a secular divorce and a certificate of divorce in order to consider a person free, then the church is not satisfied with this document. It is only the basis for the procedure of the so-called church divorce. The clergy agrees to consider such an issue only in certain cases. A spouse who is not the cause of the family breakup can apply for permission.

Each case is considered individually, and the factors that led to the divorce are taken into account. You will not receive permission due to some personal whim, desire to prove something to someone or to annoy someone. The Church evaluates only objective reasons, making married life impractical. There is a chance to receive pastoral indulgence from spouses, for a long time not living together, but for this they need to prove that restoring the family does not make sense.

Reasons for the dissolution of a church marriage

When turning to a priest with a request to debunk a marriage, you must give a number of reasons proving the inadmissibility of living with your spouse under the same roof. The Church will take your application into account if:

• Your spouse cheated on you. In the old days, people rarely came to church with such a problem, because adultery was considered a great shame. From the point of view of modern youth, there is nothing wrong with recognizing this fact and breaking off relations with an unworthy person.

• One of the spouses adopted a different faith. There are many religions in the world, they all have the right to life. But marriage between people who believe in different gods is not welcomed by the church.
• By an unfortunate coincidence, the marriage was concluded between close relatives.
• The husband, after a civil divorce, started new family. It happens that people, having dissolved their relationship in the registry office, enter into a new civil marriage, forgetting that they were married. This is a good reason to seek permission for a church divorce.
• The spouse's infertility has been diagnosed. This is a big problem, against which it is difficult to do anything. Thanks to scientific progress, there are several ways to have children - surrogacy, artificial insemination. IN as a last resort spouses can take a child from orphanage. But not everyone will do this. Therefore, the church does not oppose a person’s natural desire to start another family, where he can have his own children.

• Spouse absent long time(more than 5 years), does not make itself known or is in prison.
• The spouse has been diagnosed with an incurable mental disorder, especially if his behavior poses a threat to the lives of family members.
• The spouse has leprosy, syphilis, AIDS, chronic alcoholism, drug addiction.
• The spouse systematically uses domestic violence and assault. To obtain permission to debunk, this fact must be documented.
• The wife had an abortion, despite her husband's desire to have a child. This takes into account her state of health and the absence of contraindications to pregnancy and childbirth.

• Spouse spotted sexual perversions, unnatural vices, especially if they concern one’s own children.

How to get a church divorce after a wedding?

If you seriously decide to get a church divorce, you should, together with ex-other half contact the diocesan administration and write a petition there addressed to the confessor. It must contain a description of your family history, accompanied by a document about the place and time of the wedding, a description of the reasons for the divorce, an original and a copy of the civil marriage divorce certificate. The petition is written by one person responsible for the process, but it must be attached to it written agreement second.

The Orthodox Church reveres the institution of the family, any divorce is interpreted as a great sin, the commission of which is the fault of both spouses, therefore the permission of the Bishop will be received only when ex-husband and the wife will realize this and sincerely repent. Not in vain last words the petitions will be: “I apologize for the broken marriage.” Only after such a procedure will people be ready to seriously create a new family before God.

If there are compelling reasons for divorce, describe them in detail, indicating the place and time of the accomplished facts (adultery, assault, etc.) and confirm with relevant documents. For example, a mental disorder of the spouse or an abortion performed by the wife will confirm medical certificate from the attending physician. Having considered all the documents provided, the bishop will make a decision and issue a resolution stating that the marriage has been terminated. If a marriage is declared “without grace,” a person can undergo the sacrament of marriage again.

Video: The procedure for debunking a church marriage

Often people who have divorced a civil marriage do not think about the fact that there is still a connection between them; no one has canceled their union before God. Some do not take this fact into account and continue to live free life, starting new relationships. But for believers it is very important when creating new family get married than to testify your serious intentions, sincere love and loyalty. And the wedding becomes impossible until the former church marriage is dissolved.

The debunking procedure should be approached with all seriousness, taking into account all the facts and arguments, so as not to look funny or stupid in the eyes of the bishop. It is recommended that before submitting a petition, consult with the priest, take into account his instructions, and only then contact the diocesan administration. Watch the video, which outlines the advice of a wise priest; they will guide you on the right path and help you arrange your destiny.

The Jews were allowed to divorce “due to hardness of heart”; in the Gospel, Christ names adultery as the only reason for divorce. However, in the Orthodox Church there is a whole list of reasons why divorce is allowed. Why? Answered by Priest Dimitry PASHKOV, senior lecturer at the Department of Church History and Canon Law of PSTGU, cleric of the Church of the Intercession Holy Mother of God in Krasnoye Selo.

According to the definition of the Local Council of 1917-1918, reasons for divorce in the Russian Orthodox Church can be:

1. Falling away from Orthodoxy (the right to ask the court for a divorce belongs to the spouse who remains in Orthodoxy).

2. Adultery and unnatural vices.

3. Incapacity for marital cohabitation (if it began before marriage and is not caused by old age; the case is initiated no earlier than two years from the date of marriage; If the incapacity resulted from intentional injury after the marriage, divorce is permitted).

4. Disease of leprosy or syphilis.

5. Unknown absence (at least three years; two years - if the missing spouse was at war or sailed on a ship).

6. Sentence of one of the spouses to punishment, coupled with deprivation of all rights of the estate.

7. Encroachment on the life and health of a spouse or children (causing serious injuries... or serious life-threatening beatings... or harm important to health).

8. Snitching, pandering and benefiting from the indecency of a spouse.

9. Entry of one of the spouses into new marriage.

10. Incurable serious mental illness, eliminating the possibility of continuing married life.

11. Malicious abandonment of a spouse by the other spouse if it makes it impossible to continue married life.

According to the Fundamentals of the Social Concept of the Russian Orthodox Church, “at present, this list of grounds for divorce is supplemented by such reasons as AIDS, medically certified chronic alcoholism or drug addiction, and a wife committing an abortion with her husband’s disagreement” (Article 10.3).

Reason number one: death

In the Orthodox Church, a marriage can be terminated for two main reasons. The first is the death of one of the spouses. In this case the marriage ends physically and the widowed spouse can enter into a new marriage according to the permission given by the Apostle Paul (see 1 Cor. 7: 8-9). The second reason is the holy vows of marriage, adultery. In this case the marriage ends legally. Divorce in the strict sense of the word can be called everything that follows from the second reason. What stems from the first cause - the death of one of the spouses or missing persons - is more correctly called the end of the marriage.

As a result of the accumulation of historical experience, the Church formulated, on the basis of two initial reasons, a number of others, based in its attitude on the principle of oikonomia - leniency and mercy towards people. The death of a spouse is equivalent to his unknown absence for a long time: in this case, the remaining spouse is recognized as a widower and is not obliged to languish further in hopeless anticipation. They looked at the innocent spouse in the same way if the other spouse was sentenced to hard labor (usually for life).

However, when determining the reasons for divorce, the Church proceeds from the fact that all of the above reasons are only an opportunity for one of the spouses, and not a requirement. IN Russian Empire when sentenced to exile in Siberia, the innocent spouse was always asked whether he would like to follow the convicted person into exile. The refusal itself had already dissolved the marriage, after which a new one could begin for this spouse. The wives of the Decembrists, for example, could exercise their right and demand a divorce, however, as we know, some did not do this. And now, if a husband forgives his wife’s infidelity or a wife is ready to live with a spouse with AIDS, then there can be no talk of any divorce.

Of course, the ideal is only the first marriage, which bears the stamp of the Sacrament, in the image of the unique union of Christ and the Church (see Eph. 5: 23-33). The second marriage, strictly speaking, is no longer a Sacrament - the very rite of the second marriage is not joyful, but repentant - but does not exclude the spouses from the church community. We know that the Apostle Paul did not even look very favorably on the marriage of widows. But just as the apostle allows a second marriage for a widower as a form of leniency towards weakness, a new marriage is also allowed for these, relatively speaking, widowers who have lost their spouses forever.

Broad interpretation of treason

In its definition of the reasons for divorce, the Church has always proceeded from the words of Christ that the only reason for divorce - adultery (see Matt. 19: 9) . However, in the history of the Church, the concept of treason had different degrees. Thus, in the 6th century in Byzantium, it was considered adultery, for example, if a wife spent the night outside the house of her husband or parents. And such a historical convention was accepted by the entire church and civil society of that time: “You shouldn’t do this, because it qualifies as adultery.”

From the broad interpretation of infidelity, a number of other reasons for divorce are derived. It is equivalent to adultery, for example, if a husband forces his wife to commit adultery. Another reason for divorce, which is derived from the violation of the vows themselves when entering into marriage - about mutual love and fidelity - if one spouse makes an attempt on the life of the other. This can also include severe beatings and bullying. In addition, the husband has the right to file for a church divorce if his wife has had an abortion or has an unyielding will to have this abortion. Symmetrically, we can say that a wife also has the right to ask for a divorce if her husband forces her to have an abortion.

Diseases of syphilis, leprosy, AIDS are indicated as possible reasons for divorce because their presence makes marital intimacy impossible between spouses. Of course, marriage is possible without intimacy, but in this case it will rely on the consent of a healthy spouse. If there is no consent, then the Church, condescending to his weakness, does not have the moral right to force him, because physical intimacy is one of the most important constituent parts marriage. At the same time, one should not confuse the inability to physical intimacy and inability to bear children. Infertility is not good reason for divorce.

R divorce on mutual agreement?

However, today the most common formulation of the reason for divorce is divorce by mutual consent. In the imperial era of Church history, which lasted from Constantine the Great until 1917, such a divorce was possible only if it was committed for the sake of a higher moral ideal. That is, if a husband and wife entered a monastery after a divorce and if they did so, they provided their children with an inheritance. True, in late Byzantium there were precedents when divorces were also due to insurmountable mutual hatred, that is, when spouses declared that they could no longer tolerate each other’s infirmities. Such divorces are known from the practice of the most famous church canonist of the 13th century, Archbishop Demetrius of Bulgaria.

Of course, such a reason for divorce indicates deep Christian immaturity or complete de-churching.

What should the Church do with those who come for divorce? We need to understand that we are experiencing the era of the second baptism of Rus'. There are people who sincerely came to the Church, and there are those for whom it remains a formality. They accepted the Sacrament of Baptism, however, what church life and its sacraments are is not clear to them and they do not seek to find out, they do not confess and do not receive communion. Therefore, it is necessary to divide people who come for a divorce into two categories: those who are churchgoers, who can be judged according to church legislation and for whom this will mean something, and those people who only consider themselves Orthodox (because they are baptized). In the imperial era, for example, until 1904, in the Russian Empire, an adulterer forever lost the right to enter into another marriage, and such punishment still meant something to people then. Today, church punishments have been softened, leaving only a spiritual nature (excommunication from Communion), and this has little effect on those who do not resort to the sacraments and do not understand their meaning. In the case of adultery, we would have to act according to the latest decree of the Church on this matter (from 1904), according to which the adulterer, after fulfilling the penance imposed on him, is allowed to marry one more time. If he commits adultery after this, he forever loses the opportunity to marry. However, this would only make sense for a churchgoer. Today we cannot find grounds for satisfying divorce claims of people who only call themselves Orthodox. This huge part of absolutely non-church people needs special approach, which the Church has yet to develop.