Kingdom Service Questions (1961)

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KINGDOM SERVICE QUESTIONS

KINGDOM SERVICE QUESTIONS

How This Booklet Is to Be Used

This booklet is the property of the

congregation.

It is to be retained in the congregation permanent file. Its counsel is for the guidance of the congregation committee in handling matters with members of the congregation. It can be referred to as the basis for reaching decisions and complying with the Society's policy, but it is not to be studied at any meeting, nor placed in general circulation among the publishers.

Printed 1961, by

Watch Tower Bible and Tract Society of Pennsylvania

Brooklyn, New York

Printed in U.S.A.

KINGDOM

SERVICE QUESTIONS

Serving Jehovah conscientiously, the overseers are fully aware of their great responsibilities in looking after the interests and welfare of Jehovah’s sheep, t he congregations. The Society has endeavored to provide every form of guidance and equipment so the primary work of preaching the good news of the Kingdom may progress. Jehovah’s “faithful and discreet slave” has provided spiritual food and instruction from the Scriptures in abundance, and all overseers must carefully familiarize themselves with the instructions in the Bible, The Watchtower, and such publications as Preaching and Teaching in Peace and Unity and Qualified to Be Ministers, which serve as sources of instruction on how to handle the needs of the congregations and the field service. The Watchtower of January 15,1958, and June 15, 1959, (which please read) brought forcefully to the attention of the overseers their responsibilities in the theocratic organization. All overseers should keep those requirements before their minds.—Matt. 24: 45-47; Titus 2:1-8, 15; 1 Pet. 5:1-11.

While the Society regularly publishes information for the use of all dedicated servants of Jehovah, from time to time the problems in handling the work cause questions to arise that present complexities in applying Jehovah’s principles. A number of questions with regard to marriage problems, disfellowshiping and othei-matters have been received, and it appears advisable to provide answers in this form as a source of counsel to the overseers.

One copy of this booklet is provided to each congregation, and it must be preserved as a part of the congre-

2 gation permanent files. Each time the circuit servant visits a congregation he will check to see that the copy of this booklet is on file and in good condition. Every overseer and other members of the committee should read it and be thoroughly familiar with its contents so as to be of good service to the congregation.

ON MARRIAGE

“The Watchtower” (September 1 to October 1, 1956, and November 1 to December 1, I960) contains many details on Christian marriage. Every overseer should have studied the articles and should be able to make reference to them readily at all times. Supplementary to the articles published in “The Watchtower” and as an aid to the overseers in dealing with certain cases, the following statement of policy is made.

A marriage is a marriage. A civil marriage is one that is performed by the justice of the peace or some civil officer or agent of the government authorized to perform marriages, without the addition of any religious features. A religious marriage is one that is performed in a country that recognizes and authorizes the performance of a religious ceremony by a religious clergyman or representative of a religious organization, which marriage is performed by such religious personality within a church or religious structure or within a private home. A religious ceremony conducted after the performance of a civil marriage adds nothing to its legal value or binding force. It is not necessary in order to make the married couple one. A common-law marriage1 is one that stands in contradistinction to a canon-law marriage performed by a church representative or a civil-law marriage performed by some authorized agent of the government. A common-law marriage may be entered into by a man and a woman by mutual consent only in lands or states that recognize common-law marriage, where it is as legal and binding as a ceremonial marriage. Outside of common-law states or countries recognizing such a marriage there does not exist any common-law marriage, and the living of a man and a woman together without benefit of marriage in such Romanlaw countries should not be spoken of as a common-law marriage. In Latin-Am erican countries or in religious countries where the ecclesiastical courts dictate and require a religious marriage and do not permit the political government to allow any divorces to be procured or granted, one hears of such a thing as a "consensual marriage.” This should not be confused with common-law marriage, because in such lands common-law marriage is not recognized or given any legal status. A “consensual marriage”2 is not a marriage but is a mere agreement entered into by a man and a woman consensually to live together like man and wife without benefit of legal or ecclesiastical marriage and without benefit of legal recognition, even though the law-enforcing officers of the land or the ecclesiastical authorities may close their eyes to such consensual living together as man and wife. This living together as man and wife where common-law marriage is not recognized is not a marriage. In the case of single persons it is merely a living together in fornication, or in the case of an already married person it is adultery. In cases where both parties to the living-together arrangement are already legally married and have living spouses, it is adultery on the part of both.

Real marriage is a legal status of the parties thereto. Where common-law marriage is recognized it is a legal marriage. But in order that the responsibilities accruing from real marriage may be upheld and the parties thereto may be protected, each one in his own right, as well as the children that result from such a marriage, the Watch Tower Bible and Tract Society requires that those living together in commonlaw marriage should have a legal marriage ceremony performed and that this should be definitely registered in the registry of the civil government before the Watch Tower Society will recognize the dedication of any one or both parties to the marriage and consider them worthy of water baptism and of admission to the New World society. The Watch Tower Society makes the same requirement of a man and woman living together consensually in lands where such consensual marriage2 obtains. (See also pages 6 to 8.)

GENERAL REGISTRATION OF CEREMONIAL MARRIAGES

Some have wondered how marriages are normally registered with the congregation. When a congregation publisher marries, this fact is recorded in the space provided on the Publisher's Record card that is held by the congregation. This is sufficient, except in cases where the law requires the congregation to keep a special written record if a marriage is performed in the Kingdom Hall of the congregation by the minister. The local law specifies the form and content of such special written record. However, if publishers are ceremonially married elsewhere and the ceremonial marriage is registered with the civil authorities, the only record that need be kept by the congregation would be on the Publisher’s Record card.

DECLARATION OF MARRIAGE FORM

In the September 15, 1956, Watchtower, paragraphs 9 and 10 of the second marriage article, provision is made for use of a Declaration of Marriage form. There are probably very few places outside Africa where this Declaration of Marriage form would be used, because the laws of the country govern and native tribal laws are not recognized.

If there are some cases where it is not possible to obtain a marriage certificate until some time after the formal native marriage ceremony, and in other cases not at all, in such eases the following procedure should be followed.

1. SOME WRITTEN EVIDENCE OF THE MARRIAGE SHOULD BE MADE AT THE TIME OF THE MARRIAGE (before the man and woman come together as husband and wife). The man and woman should make a written declaration in triplicate at the time of the marriage stating that they are entering into the marriage relationship. This declaration should be made before the congregation servant (or someone he designates from among the other servants) and before witnesses (who may or may not be relatives of the couple), and these witnesses will put their names to the declaration also. One copy of the declaration will be kept by the couple, one will be filed with the congregation and the other sent to the Society’s branch office. At the same time the couple will agree to obtain a proper marriage certificate as soon as possible after the marriage.

2. SOMETIMES FOR SOME REASON THE LOCAL NATIVE AUTHORITY WILL NOT ISSUE A CERTIFICATE.

In cases such as this the written declaration filed at the time of the marriage will stand as evidence of the marriage, as far as the New World society is concerned.

3. WHERE ONE OF THE MATES IS NOT IN THE TRUTH. Sometimes the unbeliever will not agree to have the marriage registered or to have any written declaration of the marriage. In such cases the believing one (the husband or wife, whichever is the case) should fill out the part of the declaration that concerns him. This should be witnessed and copies filed with the congregation and the Society’s branch office, as mentioned above.

Each new marriage should be immediately registered legally or, failing this, a Declaration of Marriage should be made out at the time of the marriage for that marriage to be recognized by the New World society. Christians who just come together without first having such proper records made would be doing so improperly. It should be noted that the making of a Declaration of Marriage does not excuse the married couple from obtaining a proper marriage certificate as soon as possible. One year from the date of the marriage the declared couple will be required to file a written report with the congregation and the Society stating whether they received the certificate or why it was not issued when applied for, giving the details. The Marriage Declaration filed with the congregation and the Society is a temporary arrangement until the marriage certificate is obtained.

Branches have received copies of the Declaration of Marriage form. In countries where it is properly used, the branches have already informed all congregations concerning how to use it. There are few countries where that form is used,

COUNTRIES WHERE NO DIVORCE IS ALLOWED

This form mentioned in the preceding paragraphs would not be used in the case of a man who has a living wife but who was living with another woman when the truth found him and there is no divorce allowed in the country. If one is living in such a condition, then we cannot declare him to be married to the second woman. Suppose a man was formerly married but left his wife because of adultery or for some other reason and then began living with another woman in a country where there is no divorce allowed by law and later he learns the truth. Though continuing to live with the second woman, he should not sign the Declaration of Marriage form, because no legal or customary marriage has taken place that needs to be registered with the civil government. The same would apply to a woman who was married to a man and then took up living with another man later and who then came in touch with the truth.

It is true that such undivorced individuals may be permitted to publish in assigned territory and to be baptized and come into the congregation in countries where there is no divorce allowed. But in such cases, instead of signing a Declaration of Marriage form, they would have to write their own confession of what they have done, showing that they are not legally married because of circumstances. In this confession they must vow their faithfulness to each other as man and wife and that as soon as the living legal mate dies, freeing the other one from obligation, or as soon as divorce is allowed by the government, they will have the legal marriage to each other performed. Such a paper would be filed with the local congregation and a copy with the Society. But the Declaration of Marriage form would not be used.

The Declaration of Marriage form applies only to persons who can marry legally but who cannot get the civil papers immediately or, perhaps, cannot get them at all if the native authority in Africa refuses to issue them.

Of course, it is proper for the congregations to check on undivorced individuals who sign statements vowing faithfulness. From time to time, perhaps every year, the congregations can check to see if the people know whether the legal mate is still alive or not. This will keep the legally bound individuals conscious of their obligations before the law of the land and before Jehovah and his organization, and we will keep the organization clean.

It is only in lands where the national government under religious pressure does not grant divorce under any circumstances that we have made a concession and have allowed undivorced persons whom the truth finds living with another mate of the opposite sex without the benefit of marriage to draw up a declaration vowing faithfulness to the latter' mate (not a Declaration of Marriage form). In lands where the government does grant divorce we have not made this concession.

The following outline may be helpful to congregations in making up written statements when they are required; but each Declaration should be made up in accord with the facts in the case:

DECLARATION VOWING FAITHFULNESS IN MARRIAGE RELATIONSHIP

COUNTRY OF ................................................

PROVINCE (STATE) OF ................................................

THIS IS TO CERTIFY that I................................................. residing at ................................................ entered into consensual (commonlaw) marriage with .......................... , before I came to

a knowledge and understanding of the Bible truth ot Jehovah God in ...................................................at ...........................................................

(date) (place)

WHEREAS the said ................................................. my mate in con

sensual (common-law) marriage, has refused to undergo the solemnization and celebration of legal marriage before the civil or otherwise legally constituted authorities,

WHEREAS I have done all within my power according to the counsel of Jehovah's Word to persuade said .........................................

my mate, to undergo said solemnization and celebration before the proper public authorities and my request has been refused,

WHEREAS I desire to continue living with said ................................

as a mate, I do recognize my present relationship with my mate as a binding tie before Jehovah God and all mankind until my mate consents to solemnize and celebrate our marriage legally before the proper public authorities or until my mate may die. Hence this statement and certificate is being made for the purpose of filing It with the ................................................ Congregation

of Jehovah’s Witnesses, with which I am associated, so that the records will show that I am living faithfully in intimate relationship with my one mate ................................................; and a duplicate

copy of it In the office of the branch of the Watch Tower Bible and Tract Society of Pennsylvania, the governing body of Jehovah's Witnesses located at ................................................, so that said

congregation of Jehovah’s Witnesses and the governing body of Jehovah’s Witnesses will recognize my binding Intimate relationship with ............................................ notwithstanding the refusal of

.......................................... to celebrate the public ceremony as required by law.

EXECUTED, to which witness my hand in the presence of the persons witnessing at mv request on this the ............ day ot

............................. 19.......

WITNESSES:

COUNTRIES WHERE DIVORCE IS GRANTED

In lands where divorce is granted it is proper for overseers to require that persons living together as man and wife without the benefit of marriage and who have living legal mates straighten out their affairs legally before applying for immersion. It is conceivable that even though the govern-inent allows divorce it is often difficult to obtain. The cost may be prohibitive or, perhaps, Ilie legal mate cannot be traced or refuses Io agree lo divorce, thus claiming the petitioner for divorce as legal male, or death or divorce-worthy unfaith fulness cannot be proved. Nevertheless, immersion must still be denied until the mailer is straightened out legally, or by the death or unfaithfulness of the legal mate. Of course, if those in this Illegal position separate and keep morally separate until they can enter into legal marriage, we can accept them lor baptism in symbol of their dedication. In any case we shall try to help them all we can spiritually and also legally, if proper. Some cases arc unquestionably pathetic and tend to disturb us emotionally, but we have to be careful not to downgrade the Bible’s high marital standard, Sometimes children have resulted from such illegal relationships, or the parties are old and have lived together for many years and separation will mean hardship, but these pitiable circumstances do not alter the Bible’s position on marriage, which position must be made plain, as well as our adherence to the Bible’s principles. Until these persons can straighten out their affairs they can attend meetings but are not counted as publishers in the congregation.

MARRIAGE PROBLEMS

It frequently happens that a woman wanting to be immersed is living in a common-law marriage or in a consensual marriage with a man who is known to have sexual relations with other women. The woman desiring immersion loves the man, is willing to pledge her faithfulness to him and depend on him for the support of numerous children, but wonders if she is free Scripturally to marry such a man ceremonially to satisfy the requirements of the Society. Such a woman may marry the man who is her partner in a commonlaw or a consensual marriage, but she does so with the knowledge that she is legally marrying a morally unclean man, and she will have to resign herself to this fact. As his legal wife she can demand that he discontinue relations with other women, but if he refuses she has to bear the grief and dissatisfaction, because he is the head of the house and she cannot control his actions in this regard. By becoming his legal wife by civil marriage, she becomes the only woman entitled to sex relations with him.

Carrying this situation one further step and thus out of the common-law or the consensual category, a sister who is le-gaily married to a man has the right to remain with her legal husband even though he does have relations with other women. As head of the house the husband is not fully controllable by her in this regard, and she has to put up with the vexation of all this, doing so for the sake of his support of her and her children. If she chooses to continue living with him and accept his support of her and the children, then she must render him wifely dues that belong to him. She is not adulterous in doing so, because she is legally married to him. She is not an adulteress, but he is an adulterer. So she is clean and not unacceptable for the New World society.

What about the marriage where the wife is unfaithful?

Just as tire wife with an adulterous husband is not obliged to divorce him but takes into consideration the benefits that she derives from having him as her husband, both for herself and any children they may have, so the believing husband is not obliged to divorce his wife for committing adultery. He may forgive her if she is repentant and humbles herself to beg his forgiveness and God’s. If he does not forgive her but lets her be disfellowshiped if she belongs to a congregation he must separate from her without having further sexual relations if he intends to use her unfaithfulness as ground for legal and Scriptural divorce. If he continues to have sexual relations with her he shows his forgiveness and he may still retain her as his wife for his own sexual needs and for the sake of any children who need mothering. He still retains his headship over her and must support her in reward for the sexual gratification that she affords him and for the care of the children if any. If the wife is not in the truth, then, of course, it does not matter to the congregation to which the husband belongs. He is committing nothing illegal by retaining the adulterous wife.

What if a dedicated person where divorce is not granted begins to Jive consensually with another even though he is legally married to a wife? Although he would be disfellowshiped for this, what steps would he have to take to straighten out his marital situation on returning to the organization for reinstatement?

No new consensual arrangements may be entered into after dedication. The dedicated person doing this, of course, would be disfellowshiped, and the organization would not have any control over what he did while in the disfellow-shiped state. However, before applying for reinstatement, he would have to take steps to straighten out his marital situation. Unless he had got a legal divorce, likely requiring that he go to another country, and married this individual legally there, the organization would not be able to accept him while he is living in this consensual arrangement. If he got a legal divorce and legally remarried according to the law of any country, so as to satisfy the requirement of Caesar, he would not be reinstated in less than three years from the time that he legally married. He would have to be found living properly in this new marriage arrangement granted by Caesar. If a disfellowshiped person still living in a consensual arrangement makes a plea for reinstatement, he should be told that he will not be accepted while still living in this illegal consensual arrangement, since he got into it while claiming to be a dedicated servant of Jehovah. He would have to separate from this consensual arrangement and live singly or go back to his legal wife and arrange to live with this mate, if such an arrangement was possible. Of course, on his own initiative he could get a legal divorce and be legally remarried, as outlined above, but he would have to wait a long time for reinstatement.

“The Watchtower” says a consensual mate who cannot get the man to legalize the marriage can sign a written statement that she will be faithful to this consensual partner as to a husband. Does this same arrangement apply to a consensual man who cannot get the woman to legalize the marriage and still wants to live with her because of having children by her?

If the consensual mate refuses to learn the truth and does not want to become a member of the New World society, the man should present to the congregation committee evidence to show that he has made a conscientious effort to persuade his consensual partner to marry him. If the committee is convinced that he has done so, then he may sign the declaration vowing faithfulness in marriage relationship and could continue living with the woman in the de facto marriage arrangement. This would permit the raising of these children in the discipline and authoritative advice of Jehovah.—Eph. 6:4.

If a man is living in bigamy when he and the woman lie lives with learn the truth, is there any way for him to divorce his legal wife so that he might marry his present woman companion legally and then be accepted for baptism?

Yes, we leave it up to undedicated persons to straighten out their own marital affairs and then present themselves clean to the congregation for baptism. He would have to take steps to take care of any legal matters to make it possible for him to get his marital affairs straightened out. If he asked advice, we could only tell him what the Scriptures have to say as to marriage and divorce, and thus counsel righteously. But we could not insist upon his following a strict course of action. If he wanted to get an unscriptural divorce from his first mate, regardless of her circumstances, this would be his responsibility. If he asked us, however, we would suggest that he approach the legal mate and see just what her situation was. She may have committed adultery and thus there would be a basis for Scriptural divorce. It may be that she has lived singly, however, and has not remarried and has not committed adultery. If she wants to give him a release, so to speak, by making out a written statement to the effect that she has no objection to his getting a divorce and wants to divorce him on account of his adultery, he can take this and give it to the committee. Then he can get a divorce on any truthful grounds and be free to marry the woman he has been living with adulterous-ly. This is not mandatory, but this is what we would counsel righteously if he inquired.

The fact that there are children involved in the second union has no bearing on the matter; except, of course, if he decides to separate from the second woman, he would have a moral responsibility to take care of these children.

In a country where divorce is possible there is a person who has learned the truth while living with a consensual partner, having had children by this union. He still has a legal mate Jiving behind the Iron Curtain but cannot contact her. Could these two who have just learned the truth be accepted for baptism while living under this arrangement ?

They would have to follow the same procedure as in the case of a couple living in bigamy. They must get their mari-I al affairs straightened up legally before they will be accepted for baptism.

In cases where death or remarriage of the first wife cannot be proved because the mate is in a land where no communication is possible and the man takes advantage of the statute of limitations to declare the first wife legally dead, tells the committee he cannot know if she is dead or remarried but takes action to legalize his present marriage, may the committee recognize his second marriage (now legalized) ? What must he do if the first wife should reappear?

If a person cannot communicate with his mate or other relatives because of international political conditions and he believes the mate has died, he may take steps to have the law of the land pronounce the missing mate dead. When he is legally free to remarry he may do so, but he will take full responsibility for the outcome. Jehovah knows the facts and will determine whether the person is suitable for life in the new world oi' not. If a mate legally declared dead should put in appearance again and want her legal mate restored to her, the matter would have to be straightened out legally. He could not have two mates, and would have to be disciplined by the congregation if he cohabited with two different women. He should have sexual relations with only his legal wife if he wishes to have good standing with the organization. (See The Watchtower, October 1, 1956, page 590, paragraph 17.)

A couple have lived together for over twenty years without legal marriage. They are faithful to each other, but they cannot marry legally for lack of a “birth certificate.” They learn the truth. Both parties are free and do not have other mates. What procedure should be followed?

There are very few countries where this would occur. If it did arise, the situation could be treated as consensual couples are in countries where one cannot get a divorce. Both or the one in the truth would sign a declaration vowing faithfulness as a person living consensually, and could be accepted for baptism.

(In a country where divorce is possible, but only at high expense out of reach of ordinary persons, if persons living consensually cannot legalize the marriage because of lacking finances to pay the cost of divorce from the former mate and do not wish to separate, is there any remedy for them?

No, unless they could get a legal divorce in another country where the expense was not so high. We allow no consensual arrangement in a country where divorce is possible.

What action shall the congregation take in cases of incest?

A case has come to our attention where a man is living in a consensual state with his fleshly sister and children have resulted from the relationship. Persons in this situation cannot be recognized by the New World society. This is incest. It is true that Abraham married his half sister, but this is no Christian standard. The law of Moses was against one’s marrying one’s sister, whether a half sister by one’s father or mother or whether a full sister. (Lev. 18:9) According to the principle of the thing the Jewish remnant that became Christian on the day of Pentecost would certainly be against such brother-and-sister marriage, because Christianity does not lower the standard of the Mosaic law but, rather, elevates it. We recall how Paul objects to the man’s committing fornication with his father’s wife, he not stating whether she was the man’s own mother or merely his stepmother. Whether she was the one or the other, the principle of the thing is wrong because it was the laying bare of the nakedness of one’s father. (Lev. 18:8) Hence the sense of the Scriptures is against Christian recognition of this couple who are living together in incest. Whether incest is legal or illegal by the standards of the national government is beside the point. Furthermore, for us to allow them to continue in what would be defined as incest, legally and Scripturally, would be to set a bad example for others, granting others an allowance to take up an incestuous course. If either of them wants to be admitted to the New World society, such one must break off all sexual connection. They can live together as brother and sister according to the flesh, but not with sex relations. Caesar’s laws on marriage of relatives must also be taken into consideration, and where that law bans marriage between cousins it is proper for the Christian while living under that particular local government to comply with the laws of Caesar. (See Leviticus 18:6-16.)

Is It Scripturally proper for a man to divorce his wife and later decide to marry her and then marry her again?

Yes, he could do so if she had not married anyone else thereafter. This would be true whether the divorce was on Scriptural ground or not. He would not be Scripturally free to marry another if the divorce was not for adultery, and hence he should work for a reconciliation. He would have to remarry her legally, however, before he could have sexual relations with her. If the wife was divorced for adultery and she is disfellowshiped, he would have to wait until she was reinstated before he could marry her.—Deut. 24:1-4.

A couple got a divorce but not on the ground of adultery. As they have children of minor age they decided to continue living in the same house without having any sexual relations so as to rear the children until they become adults. What is the Society’s position toward their living together without giving each other any conjugal dues?

They would not be allowed to continue living together without being married legally, but would have to live in separate houses. If they wanted to live in the same house they would have to remarry legally.

Could we permit a brother who has Scriptural ground for a divorce but who lives in a country where no divorce is granted to go to another country where there is legal divorce and get his divorce and get married and live there, even though his home country would not recognize it?

Yes, it would be permissible to do this. He could get a divorce in any country allowing a complete divorce action freeing him for remarriage and then get married and live there or even return to his home country to reside. This would be allowed, since Caesar has actually granted the divorce and has given him a marriage certificate showing that he is married, even though the country in which he lives would not grant him a divorce and the privilege of remarriage. He, of course, would have to assume the responsibility for any complications that might develop because of the marriage not being recognized by his home country.

Could a person who has a legal separation go to another country and get legally divorced and remarried there even though the government of his country would not recognize the remarriage?

This would not be necessary in cases of those not yet dedicated who are already living in consensual marriage if they wanted to sign the written declaration vowing faithfulness. However, if one wishes to contract a new marriage after dedication and baptism because his legal mate is living adulterously and there is a basis for a proper divorce, he could get the legal separation and go to a country where the legal separation is recognized as a divorce action, get divorced and remarried there and return to live in his own country. The congregation can allow recognition of the marriage document issued by the representatives of Caesar in the other country. But if the government of his country ever chose to make trouble for the person or prosecute him because of the status of his marriage, the individual would have to bear the full responsibility for it, just as people found living in consensual marriage and accepted for baptism after signing the declaration vowing faithfulness in marriage relationship would have to bear the responsibility for theirs. Persons living together under such de facto marriage status would not qualify to hold a responsible position in the congregation.

In countries where divorce is allowed, Is it permissible to divorce on grounds other than adultery, since it is usually easier to get a divorce on grounds other than adultery?

The Scriptures show that the only reason for a divorce is adultery. According to Jesus the correct Christian procedure is that the innocent mate divorce the unfaithful one. (Matt. 19:9) If the divorce can be obtained on the ground of adultery, it should be in the record that this is the ground. If a person wants to go ahead on his own responsibility to get a divorce on unscriptural grounds, it would be his responsibility to establish before the congregation committee that his mate was actually guilty of adultery before he would be free to remarry. It would be necessary to provide an affidavit in which the facts were established and the committee would need to be convinced that the divorce actually rested on the ground of adultery. Thus, Caesar’s law is satisfied by the legal action taken and the adultery committed allows for I he marriage to be fully dissolved under God’s law.

In eases of divorce where there has been no adultery, the individuals are not Scripturally free to remarry and should therefore use discretion in their associations with persons of the opposite sex. It would be entirely unchristian for one who is not free to marry to act in such a way as to lead one of the opposite sex to believe he was free to marry. The congregation committee may counsel individuals concerned if circumstances seem to call for it.

A worldly man married to a dedicated sister commits adultery. She wishes to divorce him on the basis of his confessed adultery, but he refuses to co-operate in allowing her to get the divorce on any grounds because of damage to his reputation, business, and so forth. But he Is willing to divorce her on unscriptural grounds. If he does divorce her thus with her consent, would she be free to remarry?

Yes, this would be possible. It is advisable to bring the evidence of the adultery to the congregation judicial committee's attention before the divorce is consummated. Otherwise, she must bring the evidence of adultery to the committee before getting married to another person. The evidence of adultery must be from two or three witnesses, or it must be established on sound evidence presented in the court proceedings that proved the act of adultery on the part of the guilty one. Confession from a mate may be accepted as sufficient evidence of adultery. Also, proof that the mate stayed all night with a person of the opposite sex in the same house under improper circumstances may be accepted by the committee; in these latter two cases the innocent mate should file a written signed statement, witnessed by a member of the committee, with the congregation as to this matter. The conscience of the innocent mate is charged with the responsibility for the decision that establishes the adulterous ground for the divorce in these two instances.

If a dedicated, repentant person guilty of adultery was not disfellowshiped but placed on probation by the committee and his wife divorced him, when would he be free to remarry?

Not before his probation is over, if he wants to marry the one with whom he committed adultery. But he is not obliged to marry the woman with whom he committed adultery, for which he could have been disfellowshiped. If he remarries or closely associates with the one with whom he was involved in adultery before the probation period is over he should be disfellowshiped. He has shown himself unreliable and without true repentance and respect for the marriage vow. This also discourages collusion of man and wife or misuse of mercy shown by the congregation, in a plan to get rid of the mate and to marry another while still staying within the organization.

If a dedicated man commits adultery, is repentant, confesses to his wife and the committee but the wife refuses to forgive him and separates from him, resulting’ in the committee’s placing him on probation, can he take the initiative in getting a legal divorce sometime later, and would he be free to remarry?

While we could not prevent him from getting a legal divorce if he felt this expedient, if he wishes to become free to remarry after his probation ends, he should prevail upon his innocent mate to obtain the divorce in order to comply with Matthew 19:9, which requires the innocent one to act to free both of them. If she does not want to divorce him and be Scripturally free to remarry but wants to hold claim to him even though she knows of his adultery, he cannot get Scripturally free to remarry. If she wants to be free to remarry, she should take the initiative in obtaining the divorce.

If the man did take steps to obtain a legal divorce against the wishes of his wife and then remarried, he would have to be disfellowshiped for a second case of adultery because Scripturally the innocent woman may claim him as her husband if she wishes to do so. However, if before obtaining a divorce he can get a written statement from his wife, signed by two witnesses, to the effect that she does not want to be married to him on account of his act of adultery and is pleased to have him get a legal divorce, and he files this statement with the congregation committee prior to the divorce, it would be allowable for him to marry again following the completion of his probation period. We would accept her giving of the statement as an innocent one’s putting away

-I the unfaithful mate for Scriptural reasons, though he .k'Iually Institutes the legal process. In some cases the worn-mi may not be financially able to pay for costs of a divorce mid .she may feci it a burden the unfaithful man should bear.

Otherwise, if no reconciliation were possible, the man would have to wait for his wife to die or to become guilty of adultery, and only then would he be Scripturally free to enter Into another marriage. Post-divorce adultery by either party would reinforce the legal divorce and really dissolve the marriage ties, but would make disfellowshipment liable.

A married couple separate. Later the man divorces his wife on unscriptural grounds and after that it becomes known to the wife and the congregation that during the separation he was guilty of adultery. Would either the man or the woman become Scripturally free to remarry?

No, because there was no action by the innocent one to pul the guilty one away on the basis of his immorality, as shown by the words of Jesus at Matthew 19:9. The woman may exercise her Scriptural claim to the man if that is her desire. She may even want him back as a husband, wishing to remarry him legally. Under the circumstances, there is no possibility of her getting a divorce from him on Scriptural ground since only one legal divorce is permitted, and this legal divorce was filed against the innocent on grounds that do not allow for freedom to remarry. The guilty divorcer puts himself under the same limitation as to remarriage as he puts his innocent mate by the type of divorce action he institutes. The man in this case shows lack of repentance for his adultery and has to be disfellowshiped. If he does remarry or otherwise commits immorality while disfellowshiped the committee must consider the divorcer as now having given force or effect to the legal divorce in dissolving the marriage tie, according to which he proves himself an adulterer and his former innocent legal wife becomes free to remarry. Of course, his death would also make her Scripturally free. On the other hand, only death or adultery of the woman would bring the divorcer Scriptural freedom to remarry, even in his disfellowshiped state. (Also read pages 93 to 96 of The Watchtower, February 1, 1961.)

A man who had obtained an unscriptural divorce comes to learn the truth. After he obtained the unscriptural divorc®, but before coming to know the truth, he committed adultery. Because his adultery occurred before he learned the truth, would that free him to remarry?

According to Jesus, the innocent mate must be the one to put away the unfaithful one. One who is guilty of adultery is not in a Scriptural position to put away his innocent wife, so the man would not be Scripturally free to marry even prior to his learning the truth. If, though, after divorce and in ignorance of the truth and of God’s requirements, he committed immorality, which in his case would be adultery, his conduct would result in the legal divorce’s taking effect as a dissolver of the legal marriage, and his former legal wife would acquire freedom to remarry. Hence, if he now came to a knowledge of the truth, he would be free to remarry, even if his former legal wife had not yet used her Scriptural freedom to remarry.

Are there ever circumstances other than adultery that would allow for a person to get a legal divorce on un-scriptural grounds? If one does get an unscriptural divorce, does this jeopardize his or her privileges in the congregation ?

The Society does not counsel that the divorce courts should be resorted to for settling marital difficulties that arise, whether one’s mate is in the truth or out of the truth. One may feel that his circumstances are such that it is expedient to get a legal divorce, and if he does lie must bear the responsibility for this. Paul does not advise divorce at 1 Corinthians 7:10, 11. As far as jeopardizing his privileges of service by getting a legal divorce under these circumstances, the committee would have to weigh each case. If there was extreme abuse or hardship in the home threatening the spiritual and mental balance of the faithful mate, especially where the other is not in the truth so that there is no recourse to the congregation for correcting the oppressive mate, then it may be that the committee would not see that his course of action in getting a legal divorce would require that he give up his special privileges in the congregation. In this case, the divorce actually would amount to only a legal separation in the eyes of the organization.

A brother would be expected to exercise headship in his home and likely most circumstances that develop even to the point of separation could be taken care of apart from >i legal divorce. So, in most instances, if a brother resorted lo r‘'<ling an unscriptural divorce from his wife he would be ii-moved from his position of service. The committee must be convinced that he has justifiable reasons; otherwise it would be assumed that he did not have his household in proper order and was unable to actually cope with the situation. < if course, if the wife left him and there was only a separa-llon without his being unduly to blame, she is a free moral agent and site could separate from him without this reflecting l■.really upon his qualifications. Thus he likely would not need to step down from his position of service, as the situation may not have come about because of his not exercising proper headship over his family. His wife may have left because of rebellion against his headship. In a situation like Iliis, we would be primarily interested in how he was exercising headship over his children.

ANNULMENT

H a couple marry and never have sex relations, could they get a divorce or annulment and be free to marry someone else since they did not have relations?

No, they would not be free to remarry. When vows are taken, it is then that a couple become husband and wife. The sex act is not needed to make the marriage Scriptural.

If an adult married couple get an annulment, would they be Scripturally free to remarry?

No, unless it was obtained on Scriptural ground. If there was Scriptural ground, then it would be advisable to get a regular divorce, if that were possible- in the country. The congregation committee must be given satisfactory evidence of the Scriptural ground for the action before the congregation could accept the new marriage.

In the case of a minor girl who runs oil with and marries a worldly man, may the parents who are in the truth have the marriage annulled, considering the case as fornication rather than actual marriage, since they are responsible for the child and did not consent to the marriage? In some places this type of a run-away marriage is illegal according to the law of the land, if one (or both) of the persons is under age and does not have the consent Ilie <m<> with whom he is now living a pure life. No change Jioulil hi' made in such a position.

We cannot compare the polygamous arrangement with I he situation that often arises in lands practicing monogamy, where a man comes to a knowledge of the truth while in a third or fourth marriage. The difference is that he is not living in polygamy; his former wives were legally divorced before the man learned the truth.

In a land that does not recognize plural marriages, is it necessary for the second or third or other living reputed wife to get a legal annulment of the marriage?

In countries where plural marriages are not recognized legally, the second and subsequent marriages without prior divorce are void. Only the first marriage is recognized. Where one already has an outstanding legal marriage relationship, any marriage that is entered into thereafter or additionally Is toinily illegal. If a marriage license is obtained to cover such a one in a legal marriage, it is not worth the paper it is written on. In such case, while the law courts may permit annulment actions to be brought if the wronged party to the plural marriage desires to prosecute such action, it is not legally necessary that any action at all be brought in the United States and in all English-speaking countries, since the illegally married one may treat it as void, worthless and not worth the paper the license is written on. Sculpturally there must be a parting, and the one innocently drawn into this relationship must pull away from the prosecutable offender who is guilty of committing adultery. In countries where it is a crime to have two marriages on record without divorce, those involved must take steps to clear the matter up legally.

If the innocent person is in the truth and the offending party to the bigamous or polygamous marriage is not, the innocent one in the truth need not get a divorce or an annulment of the bigamous or polygamous marriage, because it is void.

The person who discontinues living in a plural marriage relationship after coming to a knowledge of the truth and who makes a dedication to God becomes eligible for baptism and admittance in good standing into the New World society. Thereafter, by showing the proper qualifications, such one may become eligible for service privileges, even though no legal action is taken to straighten out the matter of having of the parents. Would this minor girl be Scripturaliy free to marry later on?

Whether the parents have the marriage annulled or nol is for them to decide. They do not have to. If the couple are legally married and there exist no reasons for objecting, the parents feeling the daughter is mature enough, then they may permit the marriage if the State recognizes the legality of it, since probably it was entered into by falsifying her age. In this case the committee would have jurisdiction. If the girl is dedicated and baptized and now shows repentance, she could be placed on probation. If not repentant she could be disfellowshiped on the grounds of lying about age and rebellion against parental authority. If the parents feel that the daughter is not ready for marriage, they may properly have it annulled. Then it would be considered and dealt with as a case of fornication and would not stand in the way of the girl’s marrying legally and Scripturaliy at a later date. However, the congregation committee would investigate to see if the girl was repentant. If there was genuine repentance, the parents would be allowed to place the erring child on probation. If not, she would be disfellowshiped.

POLYGAMY

A polygamist who comes to a knowledge of the truth in a land where polygamy is legal should be restricted to the living wife who has the seniority. While sexual connections with all but such wife would be adulterous ones, the marriage relationship with I he first wife or the living wife with seniority would Ire a Scripturaliy proper one. In spite of the number of wives the polygamist has, he is still Scripturaliy married to his first wife, if alive, and since she is the wife of his youth, he should stick with her rather than selecting another. If he does restrict himself to the living senior wife, then he may be appointed as an overseer or ministerial servant if he meets the other qualifications besides thus having only one living wife.—Prov. 5:18.

The situation may arise where an African has come into the truth and has already put away all but his second wife or his third wife. In the light of this memorandum should he now put away his present wife in order to resume married life with his first wife? No, this is not necessary, in that he has in effect divorced his first wife and all other wives except been once associated with a bigamous or polygamous person. All this is especially true in countries where polygamous mar riages are not recognized, such as the United States, Canada, Great Britain, and so forth.

Regarding lands where polygamy is legally recognized and practiced, a question is raised using Africa as an illustration, namely:

Suppose an African has four wives and one of them is supposed to be in the truth and the others not. Would it not be better for him to keep her, if he wishes, even if she is not the first wife?

If this wife is living in polygamy with the African and she is not the first wife, then she cannot be said to be in the truth and she cannot be baptized. She merely has interest in the truth and is favorably inclined to it. She must clear herself morally before she can really come into the truth and be accepted as in good standing in the New World society. Marriage is marriage, and if she faces the truth she must recognize that the African’s first wife or his senior living wife has the true claim to him as husband in the eyes of God in addition to the eyes of the law of the land. If she recognizes this truth, then she will not try to crowd out this proper legal and Scriptural wife of the African but she will recognize her position and willingly step aside in order that the legal Scriptural wife may enjoy her dues. She will also seek to free herself from living in fornication with the African. So she will co-operate with the African in getting the freedom that he, if he wants to become a Christian member of the New World society, should willingly and gladly grant her. Thus she will help him spiritually by exalting God’s requirements with respect to human marriage. So it is not the interest in the truth on the part of one of the polygamous man’s wives that determines the matter but the true legal obligations and the spiritual requirements.

If the senior wife of a polygamist comes into the truth, would she be free as the proper wife to remain as wife to the man though he continued practicing polygamy, he not being dedicated?

Yes, she could continue living with him as her legal and Scriptural husband and the others would be viewed as merely living with him in adultery as far as she and the congregation .ii>- concerned.

XVliiit should. be done where a polygamist comes to a knowledge of the truth and wants to be baptized and chooses one of the wives other than the senior wife, nil hough aware of the obligation that he should keep the senior one? What if he was unaware of this requirement but knows he should have only one wife and selects one other than the senior wife? How would we look on the wife that remained if she also had some knowledge of the truth and now requested baptism?

If a man takes care of these adjustments before coming Io a knowledge of the Scriptural requirements, doing so on his own initiative without inquiring, and he selects a wife other than the senior wife, we will not require a change after his dedication and will accept him for baptism in this monogamous marital status. If before restricting himself to monogamy he asks for advice on what he should do, we will counsel righteously and suggest he retain the senior wife and put away all others. If he goes contrary to the counsel given, then lie is not doing God’s will and will not be accepted for baptism. The same principle would hold true with the junior wife who remains with the man.

In countries where polygamy is legal and where divorce by both man and woman is also legal, is it proper for a former polygamist who professes to have put away his excess wives to keep one or more of them still in his house or compound?

When a polygamist puts away his excess wives, he must provide for their living separately in another household. It may be possible for them to live with relatives, or he may be able to provide a separate house for them. This will remove temptation to resume living with any he put away and thus open the way for him to be disfellowshiped. Making these adjustments would be a good Christian example and prevents reproach because of wrong appearances. He must have only one wife at his own home. While he may at times go to see his children by former wives, he may not remain overnight in the same house with his former wives or otherwise place himself in circumstances with any of them suggesting strongly of immorality.

DISCIPLINE

Out of love for his servants, Jehovah provides for discipline and correction, and in the end it causes the yielding of peace able fruits of righteousness. He expects his servants to keep making straight paths for their feet. (Heb. 12:5, 6, 11, 13) Especially when one of God’s servants commits a serious offense, it is for his own good that the servant receives correction as a son is corrected by his father. Jehovah has provided for administering correction to dedicated sinners through his visible organization. How that correction is administered depends to a great extent on the enormity of the sin and the attitude of the offender, Jehovah looks upon the hearts of all people and is merciful to those who sincerely wish to serve him. Likewise, under Jehovah’s undeserved kindness he has permitted his organization to be kind and merciful in administering his laws.—Jude 22.

PROBATION AND D1SFELL0WSH1PING

Among Jehovah’s requirements for his organization is the instruction set out at 1 Corinthians 5:9-11 on disfellowshiping. A careful examination of the sense of offenses listed may allow for the extension of mercy to some offenders. A drunkard is not a person who has been overcome for the first time as Noah was, but he is a habitual drunkard. Likewise, the reviler is not one who in a moment of anger says a few harsh words without malice and apologizes quickly, but he must be a habitual reviler. A person who may overeat once, perhaps on the urgings of a good cook, and becomes ill therefrom would not be classed as a greedy person, but he must be a regular practicer of greediness. Even a first offender in fornication or adultery may have been suddenly overcome in an act he had not planned and may show his good heart condition by quickly going to the congregation committee to confess his error. Understanding the type of offenses Paul is speaking of helps us to see why The Watchtower has allowed an innocent mate to forgive an adulterous mate, and a congregation committee to extend mercy and not always disfellowship each transgressor.

Hence, a congregation committee may be justified in extending mercy to a first offender in these violations and would not have to disfellowship him. The enormity of the offense, whether it is a frequent practice, lack of maturity, and the attitude, sorrow and repentance of the offender should have the consideration of the committee responsible lor the cleanness and orderliness of the congregation. They may feel that in some cases the offender will benefit most by merciful correction administered as a probationary period of surveillance rather than the drastic disfellowshiping ac-lion that could be taken. One who confesses to his sin, is truly repentant and cut to the heart and seeks forgiveness of Jehovah and his organization can be extended help to assist him with his reformation in the spirit of Galatians 6:1.

''Probation” means putting an individual to the test or to iho proof. (1 Tim. 3:10, Mo; Knox; J. B. Phillips) While probation is not a Scriptural term in some translations, in the case of a violator of God’s laws the congregation committee has the right to decide mercifully to put a repentant nonhabitual offender to the proof in an effort to save him, If that seems to them to be the form of correction that is better. The case of Shimei might be referred to as a period of probation, but it was really a restriction of his privileges. (I Ki. 2:36-46) This is not the kind of probation that is applied to individuals in a Christian congregation. The probation period is a time when the congregation committee keeps its eye on the individual over a certain period of time and has him report regularly on his conduct.

What is the difference between the probation mercifully granted instead of disfellowshiping and the probation imposed after disfellowshiping?

When one is placed on probation instead of being dis-fellowshiped because he has shown heartfelt repentance, especially when the sin is a first offense, the action is viewed mainly as a surveillance period during which counsel will be given and a check will be made to see that the individual is conducting himself properly. There is no need to draw up a resolution or to show this on the Publisher’s Record card. Probations are not generally announced unless notoriety of the case would require that the congregation be informed that action has been taken. But a memorandum summarizing the facts and the decision of the committee should be placed in the confidential files of the congregation. It should be placed in a sealed envelope, to be opened only in case there is any question on the case in the future. The surveillance may or may not require that the individual resign from his privileges of service. However, if the committee find it necessary to announce it, then the person should resign or be removed, and in all cases of adultery or fornication the guilty one should resign. Even if removed, he will be allowed privileges within the congregation, and after completing the period of surveillance properly he can be used as a servant. On the other hand, probation after disfellowshipment, while opening some privileges such as giving student talks and having minor parts on the service meeting, would upon its completion not allow the man to ever hold an official appointment as a servant in the congregation because he was dis-fellows hip ed and does not have an irreprehensible record. —1 Tim. 3:2.

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