Bruce Malina
Suppose a woman comes to you asking for counsel.
Here is her situation: “I became saved after already living in sin with the father of my now two children. We are still not married. Since becoming saved, I have seen and learned why God wants us to be married before having children and living together. My partner, however, is not a believer and doesn’t see the need to ‘rush into’ getting married even though I want to honor God and do so. How do I handle this? He is a great father and I don’t see leading him to Christ by breaking apart our family?
Unfortunately, this is not an uncommon issue, is it? First Corinthians 7:14 helps us to understand that they should not divorce and that her testimony over time may lead him to Christ. She should continue living as they are and she should raise her children up to love God and others.
Is this woman biblically married, or living in fornication?
I would say that there is no such thing as 'living in fornication.' I know that statement can be troubling for some. There is a reason most modern translations don't include that word in it anymore and instead use 'sexual immorality.' Bruce Malina's work in 1972 was one of the foundational scholarly sources that made this happen. His findings were that the Greek 'porneia' is not, on the basis of traditional or contemporary usage, mean pre-betrothal, pre-marital, heterosexual intercourse of a non-cultic or non-commercial nature, i.e. what we call 'fornication' today.
To be 'biblically married', in my view, is a covenant before to fulfill the Creation Mandate. Even though I love to see the big celebration around it, it is not a mandatory moment. The church's authorization of marriages is an embraced Roman concept that became heavily foundational to church-over-family power. That same government-over-family power exists today in my view.
For being biblically married/covenant:
Does the fact they had sex mean they are married?
Does the fact they have children together mean they are married?
Does the fact that the husband is supporting his family, raising his kids, and having and is sexually exclusive with this woman (as her only sexual partner) constitute a marriage/covenant?
No - Yes - No. Sex doesn't equal marriage, the covenant to fulfill the creation mandate does. If they are fulfilling it, that's prima facie evidence haha.
Or if in Fornication:
Are they living in fornication due to the fact that the man does not consider them to be married?
Are they living in fornication because they don't have a recognized marriage by the church/state?
If they are living in fornication should the wife stay with the man or leave him as she would be living in a state of sin?
No - no - stay (not living in a state of sin). If it was a state of sin, Paul would have condemned the gentile wife's conversion and the gentile husband's non-conversion as a non-marriage. He said they should stay married, which infers that Paul agreed that a wife with kids (regardless of previous religious or non-religious views) is still considered married. The hope is that one of the parent's conversions will sanctify the kids.
If they separated:
Would the children belong to the man or woman if they are not technically married?
That's a tough one, isn't it?
I am sure there are other questions that can be addressed but I wanted to throw some out there.
And GO!