Translations:Does Joseph's intent to divorce Mary show that the death penalty for adultery was not mandatory?/41/en

From Theonomy Wiki

Indeed, if this interpretation of the crime of adultery is not taken, then it is impossible to understand the many passages that allow sexual sins as grounds for divorce. (How can there be a divorce if the penalty of death always had to be applied?!) ... Christ made clear that adultery was grounds for divorce in Matt. 5:31-32. If you could prove adultery in court to sue for divorce, you could certainly use the same grounds for capital punishment. You couldn’t just divorce people because you thought they had committed adultery. Deuteronomy 22:17-19 makes that clear. The case had to be proven beyond a shadow of a doubt in court. In Ezra 10, Ezra tried each case of improper marriage on its own merit. He didn’t make everyone with a non-Israelite wife divorce her. That would be unlawful according to Deuteronomy 21 and other passages. Paul is applying the Old Testament when he tells believers not to leave unbelievers who are willing to dwell with them. And if you read the chapter carefully you will see that Ezra didn’t do it. Each couple had a court case examination, and Ezra said, “Let it be done according to the law.”[1]

  1. Kayser, Is the Death Penalty Just?, p. 24