Is Biblical law deficient, because it does not specify a minimum age for marriage?
7 YHWH’s law is perfect, restoring the soul. YHWH’s covenant is sure, making wise the simple. Psalm 19:7WEB
This question is one example of a broader category of questions/challenges that people have for God's law: that it is somehow incomplete, either because it does not directly address their "pet" issue (in a way they understand), or because it lacks some (supposedly crucial) specifying detail (like the exact height, material composition, and construction blueprints for the roof railings that are required by the law in Deut. 22:8).[1]
Marriage is a covenant
Depending upon who is asking this question, you might have to educate them on what exactly Christian marriage is. Many people believe one of the following false things:
- Marriage is a contract, legally similar to a business contract.
- Marriage is legal status created by civil government, where you apply for permission from the state, which gives you a license that establishes the matrimonial bond.
- Marriage is a sacrament created by the blessing of a church (typically represented by some "ordained" church officer).
- A person can be "forced" into a marriage against their will.
None of the above things are true. But the Christian church has been woefully deficient in teaching about Christian marriage over many centuries, so you should expect that people will believe some errors they have picked up from false teachers. I have a separate question dealing with the nature of marriage as a covenant, so I won't repeat that answer here.
In summary: Marriage is a Biblical covenant, created by an oath (legal assertion) before God and human witnesses. It doesn't require the permission of the civil government or the church to be formed.
To be considered a lawful Biblical covenant (thus a legal marriage), the marital oath must be made freely (uncoerced) by someone with the mental ability and knowledge to understand what they are agreeing to. Therefore, a person is never considered to be legally married if they were coerced into making the public oath. Scripture is clear that women have the freedom to choose (within the options allowed by Biblical law) and refuse whom they bind themselves to in marriage:
7 YHWH, the God of heaven—who took me from my father’s house, and from the land of my birth, who spoke to me, and who swore to me, saying, ‘I will give this land to your offspring—he will send his angel before you, and you shall take a wife for my son from there. 8 If the woman isn’t willing to follow you, then you shall be clear from this oath to me. Only you shall not bring my son there again.” Genesis 24:7-8WEB
57 They said, “We will call the young lady, and ask her.” 58 They called Rebekah, and said to her, “Will you go with this man?” She said, “I will go.” Genesis 24:57-58WEB
6 This is the thing which YHWH commands concerning the daughters of Zelophehad, saying, ‘Let them be married to whom they think best, only they shall marry into the family of the tribe of their father. Numbers 36:6WEB
Neither can someone who is mentally "challenged", or too young properly to understand the commitment, enter into a binding marriage covenant: even if they can physically repeat the words which perform the covenant oath. These requirements of "no coercion" and "minimum mental capacity" are so basic and common sense, that they are even fundamental to contract law, which is much less restrictive than Biblical covenant marriage.[2]
The complaint asserted above is that the Bible does not specify a "minimum legal age" for consent to marriage. This is true. In fact, the Bible contains many laws which do not give certain details about how that law would be interpreted in a specific legal context. This is not a deficiency of Biblical law: it is a God-given opportunity for men to exercise their wisdom.
As far as legal presumption of adult agency, the Bible doesn't specify an age, just as it doesn't specify a minimum height for a roof railing. Clearly, God expects us to make those decisions based upon wisdom (or He would have provided us with numbers). These types of legal specifications are made by wise people and agreed to by everyone who consents to live within that particular theonomic jurisdiction. On issues that people divide over (age of legal responsibility might be one), there would be different legal jurisdictions that live at peace with one another.
The minimum age in Scripture is the minimum age that one can legally make a valid covenant oath commitment (because that's what marriage is). If you don't understand or have the mental capacity to be considered legally responsible for your oath, then you are below the minimum legal age according to "good and necessary" scriptural inference. A father is also allowed to veto, if the girl is still under his roof/authority (Num. 30:3-5, Exod. 22:17). The specific legally-enforceable age depends upon the wisdom of the Christians who establish the particular theonomic jurisdiction.
What about if an older person wants to marry a young person who is above the age of legal consent (whatever the jurisdiction specifies)? Does Biblical law allow this?
There is no Biblical prohibition on young persons choosing to marry older persons. This is an issue of wisdom and free consent by each person, and of the father in the case of a girl who is still under her father's authority. In general, it is wise to marry someone relatively near your own age.
- ↑ This is also a claim made by Torah-observant Jews (and Judaizers) who assert that there is an "Oral Torah" (passed down separately from scripture) which provides a lot of detail that is missing from the written scripture.
- ↑ Contracts can be dissolved by the mutual agreement of both parties. The marriage covenant cannot be dissolved by consent, only broken by egregious sin.
