If you are a person who believes that strict adherence to all laws is the best way to live communally, I have some news for you. Your position would have resulted in preventing Christmas. Here is how.
In ancient times, marriage was less a romantic notion about life choices and couples' aspirations than it was a contract between two families. The deal worked like this: families with daughters arranged with families with sons to transfer responsibility for the daughters to the families of sons in exchange for a price, a dowry. In exchange, the families with sons received a young woman of child bearing potential to provide subsequent generations. The arrangement was a betrothal contract. It promised that responsibility for the daughter would be transferred to the family with sons.
The betrothal contract was binding. The sons had no choice. The daughters had no choice. They were bound by the betrothal contract to carry out the arrangements that their respective families had reached. As soon as the daughter of the one family reached the age of child-bearing, the betrothal contract of with the son's family was enforced. There were few ways out of the betrothal contract. Most were unlawful. The sons or daughters could vacate themselves. They could run away. If they did, however, they could never return. Such a crime was punishable by death. The female could become impregnated by another male, thus breaking the betrothal contract. Again, however, the crime was punishable by death. In fact, in such a case, the groom-to-be son of the one family was obligated under the law to be the first to cast a deadly stone at the otherwise bride-to-be daughter of the offending family. The betrayal brought shame on the daughter's entire family, and, not incidentally, her own death.
This situation is particularly applicable to the nativity story of the Gospel according to Matthew. While betrothed, but prior to marriage, Mary, who was obligated by her family to marry Joseph, was found to be with child. The law was very clear. Joseph was obligated under the law to see to it that Mary was stoned to death. In fact, he was obligated to be the first to cast the deadly stone. Joseph was in a tense position. He did not want to see Mary die. He resolved to break the law by dissolving the contract between his family and hers. (This was an illegal act!) In Matthew's Gospel account, Joseph, not Mary, is warned in a dream, by no less than an angel of the Lord, to honor the contract, despite Mary's betrayal, and take her as his wife. (Another illegal act!)
In the briefest of accounts, Joseph breaks the law and takes Mary as his wife. If he were a man of honor under the law, he would have cast the first rock at her public stoning. If Joseph had done what he should and ought to have done, there would have been no nativity, no birth, no Jesus. Had Joseph held to the letter of the law, there would be no Christmas.
So, if we want to protect Christmas, let us do so with compassion, understanding and creativity. Let us not demand a strict adherence to the letter of our Christian orthodoxies or ecclesial laws, rules or regulations. Had Joseph rigidly clung to those obligations, Mary and Jesus would have died. It is only through compassion, mercy, imagination, forgiveness and grace that we have Christmas at all. Thanks to the unlawful Joseph, Jesus is born to Mary. Christmas is saved!
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