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Saint John Reproaches Herod and Herodias, Baptistery of Florence, ca. 1240–1310. Photo: Courtesy Győző Vörös. |
Mark 6:17-18, “For Herod himself had sent and arrested John and bound him in prison on account of Herodias, the wife of his brother Philip, because he had married her. For John had been saying to Herod, ‘It is not lawful for you to have your brother’s wife.’”1
Historical Background
The Herodian family tree is quite complicated, so for our purposes we will simply note that Herod (Antipas) and Philip were half-brothers, sharing the same biological father (Herod the Great) but different mothers. Herodias was their half-niece by another half-brother, Aristobulus.2
After the death of Herod the Great in 4 BC, his kingdom was divided among three of his sons: (a) Archelaus became ethnarch of Judea, Samaria, and Idumea (Matt. 2:22) but was replaced by a Roman prefect in AD 6; (b) Herod Antipas was tetrarch of Galilee and Perea (Matt. 14:1) until he was exiled in AD 39; (c) Philip was tetrarch of the northeastern Hellenistic territories (Luke 3:1) until his death in AD 34.
Philip married Herodias and they had a daughter, Salome. Herod Antipas married Phasaelis, the daughter of the Nabatean king Aretas IV, but divorced her when he developed affections for Herodias, who divorced Philip in order to marry him (reported by Josephus, Ant. 18.5.1, 4).3 So what was it about the second marriage of these divorcees that compelled the Jewish prophet John to declare to Herod Antipas, “It is not lawful for you to have your brother’s wife”?
Was it unlawful to marry a former sister-in-law?
According to the Law of Moses: “You shall not uncover the nakedness of your brother’s wife; it [is] your brother’s nakedness” (Lev. 18:16); “And if a man takes his brother’s wife, it [is] an unclean thing; he has uncovered his brother’s nakedness. They shall be childless” (Lev. 20:21). These injunctions, however, must be qualified, because they obviously do not apply if the man’s brother has died (Deut. 25:5-10). They rather pertain to adulterous relations. Adultery is committed when at least one of the person’s involved is married to someone else.4
It follows that if a divorce occurs without divine sanction, God does not recognize the dissolution of the marriage. The issue with the unlawful union of Herod Antipas and Herodias was more than the mere fact that she was his brother’s wife. Rather, she was his brother’s wife. The problem was “on account of Herodias, the wife of his brother Philip, because he had married her.” Under Roman law, one could not marry someone else’s spouse without a legal divorce. A person was allowed only one spouse at a time. It was not civil law but a prophet of God who declared this marriage of a divorced man and a divorced woman, “unlawful.”
Was it unlawful to marry a half-niece?
Since Herodias was the daughter of Aristobulus, the half-brother of Herod Antipas and Philip (all having different mothers), did this constitute incest? In Roman society an uncle marrying his full-niece was uncommon and considered improper, but there was no law against it (Tacitus, Annals 12.6).5 Technically, however, Herodias was the half-niece of the two half-brothers, and the respective marriages were apparently sanctioned under Roman law. John did not seem to be bothered that Herodias was “the wife” of Philip, so the issue with the other brother’s marriage does not appear to have been a question of incest.
Unlawful Divorce and Unlawful Remarriage
The teachings of Jesus provide the best commentary, enabling us to understand what is “lawful” (divinely sanctioned) and “unlawful” (without divine sanction) in regard to marriage, divorce, and remarriage, and what was wrong with the situation John bravely confronted that cost him his life.
The ministry of John the baptist was mostly “beyond the Jordan” (John 1:28; 3:26; 10:40), the territory governed by Herod Antipas.6 A couple of years after John’s death, Jesus was “beyond the Jordan” when some Pharisees publicly asked him about the legality of a husband divorcing his spouse for any cause (Matt. 19:1-2; Mark 10:1-2). This was in the political jurisdiction of Herod Antipas, a divorced man married to a divorced woman, wielding the power of life and death. The trap they were attempting to set makes the straightforward and courageous response of Jesus even more impactful. Like John, he implicitly regarded such a relationship unlawful.
Have you not read that the One having created from the beginning made them male and female … On account of this the man will leave his father and mother and will be united with his wife, and the two will be one flesh, so that they are no longer two but one flesh. What therefore God united together, let no one separate…. Moses, due to your obstinacy of heart, permitted you to divorce your wives, but from the beginning it was not this way. But I say to you, whoever has divorced his wife, except for sexual infidelity, and has married another, is committing adultery …” (Matt. 19:4-9).7
Conclusion
While Roman law permitted divorce and remarriage for any number of reasons, God’s marriage and moral laws are not as lax. According to Romans 7:1-3 and 1 Corinthians 7:39, death severs the marriage bond, so the widow or widower does not commit “adultery” in a subsequent marriage. Otherwise, unless a divorce is caused by sexual infidelity, it is without divine sanction and therefore another sexual union is adulterous. This most clearly explains why the marriage of Herod Antipas and Herodias was unlawful.
--Kevin L. Moore
Endnotes:
1 Unless noted otherwise, scripture quotations are the author’s own translation. The entire incident is recorded in Mark 6:14-29, with parallel accounts in Matt. 14:1-12; Luke 3:18-20; 9:7-9.
2 The mother of Herod Antipas was Malthas (a Samaritan), the mother of Philip the tetrarch (Philip I or Philip II?) was Cleopatra of Jerusalem, and the mother of Aristobulus was Mariamne I (of the Hasmonean dynasty).
3 The historian Flavius Josephus was a Romanized Jew who divorced three previous wives and was married to a fourth. He reports: “Herod the tetrarch had married the daughter of Aretas; and had lived with her a great while …. However he fell in love with Herodias, this last Herod’s [Philip’s] wife …. One article of this marriage also was this, that he should divorce [ἐκβαλεῖν] Aretas’s daughter …. But Herodias, their [Aristobulus and Agrippa’s] sister, was married to Herod [Philip], the son of Herod the Great …. Herodias took upon her to confound the laws of our country, and divorced [διαστᾶσα] herself from her husband, while he was alive, and was married [γαμεῖται] to Herod [Antipas], her husband’s brother by the father’s side. He was tetrarch of Galilee” (Ant. 18.5.1, 4).
4 Biblically defined, adultery involves voluntary sexual intercourse between a married person and someone other than his or her lawful spouse (cf. Lev. 18:20; 20:10; Deut. 22:22; Prov. 6:32; Matt. 5:28; John 8:3; Heb. 13:4).
5 In 49 Claudius married his full-niece Agrippina the Younger, which earlier had sparked a debate in the Senate on the legality and propriety of such a union. Vitellius argued on the emperor’s behalf: “This is quite alien to the propriety of our day. Rather let a precedent be now set for the taking of a wife by an emperor. But, it will be said marriage with a brother's daughter is with us a novelty. True; but it is common in other countries, and there is no law to forbid it…. Custom adapts itself to expediency, and this novelty will hereafter take its place among recognized usages” (Tacitus, Annals 12.6).The Senate then passed a decree legitimizing uncles marrying nieces (Cassius Dio, Hist. 61.31.6-8). Later Domitian divorced his wife Domitia and then lived with his niece Julia “as husband with wife” (Cassius Dio, Hist. 67.3.2).
6 See K. L. Moore, “Beyond the Jordan,” Moore Perspective (9 June 2021), <Link>.
7 Note the transition in the Greek text of v. 9 from the aorist tense (completed action: “divorced … married”) and the present tense (continuing action: “is committing adultery”). The Byzantine Majority Text continues, “and the one having married her who has been put away is committing adultery.” See also Matt. 5:31-32; Mark 10:1-10; Luke 16:18.
Works Consulted:
Josephus, Antiquities of the Jews, in Josephus Complete Works, trans. William Whiston (Grand Rapids: Kregel, 1980): 382-83.
George Long, “Incestrum,” in William Smith, ed., A Dictionary of Greek and Roman Antiquities (London: John Murray, 1875): 633.
Brent D. Shaw and Richard P. Saller, “Close-Kin Marriage in Roman Society?” New Series 19.3 (Sept. 1984): 432-444.
Susan Treggiari, “Roman Incest,” review of P. Moreau’s Incestus et prohibitae nuptiae, in The Classical Review 54.1 (March 2004): 203-205.
Related Posts: Jesus on Divorce and Remarriage, Divorce and Remarriage (Part 2)
Image credit: https://www.biblicalarchaeology.org/daily/artistic-representations-of-herods-royal-throne/