AGUEST SAIDNot to take anything away fro what dear PSacto posted, I would like to respond to your questions, dear VDH (the greatest of love and peace to you, both!):
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what is divorce?
"Divorce" is the situation whereby a marriage comes to an end by a means other than death, dear one. There is "lawful" divorce, and "unlawful" divorce.
Initially, lawful divorce was only that which came about as a result of fornication or adultery, where a man could legally leave off caring for a wife under such circumstances. This changed due to the hard-heartedness of Israel (on the part of both men AND women), such that men could eventually gain a "certificate" of divorce (from the priest) and leave off a wife on other grounds (i.e., contentiousness, contrariness, failure to care for her children/household, etc., and eventually, showing just how far the men's hard-heartedness had gone, "just because"). It was not available to women, as women were only permitted one husband.
Christ re-established the initial law when he said that any man who divorced his wife "except on the grounds of adultery/fornication" and married another... committed adultery. In addition, he made the wife so loosed "a subject of adultery" should she take another husband (i.e., it was the husband who initially illegally loosed her who was at fault - this was because women were dependent upon men for livelihood, so she pretty much had no choice BUT to remarry. Her doing so made HER an adulteress, however).
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If a wife decides she no longer wants to be married and determines never to allow her husband access to intimacy, would she be divorcing him?
You are thinking of "constructive" divorce, yes? But that would not be the case. The marriage "vow" is supposed to be a lifelong vow... regardless of what occurs in the marriage, save adultery, fornication, or death. Hence, "A wife is bound to her husband all the days he is alive."
Now, can she LEAVE him? Yes, she can. If he is no longer agreeable to dwelling with HER (and beating/abusing her, withholding HIS affections, etc., constitutes not being "agreeable")... she is "loosed" from his law; however, she so long as he is ALIVE... she is still HIS wife... to the extent he is responsible for caring for her. If, then, she marries another (for whatever reason, including needing to be cared for), she commits adultery; again, however, it's on him that she does because it's because of him that she left. And if he takes another wife... he, too, commits adultery and the woman he takes shares in that with him.
Can he leave her? Again, yes... because she is not holding true to HER vow; however, if she has not committed adultery/fornication, then his taking another wife would constitute adultery, as well as him making her a potential candidate for adultery.
BUT... what one must understand is that none of this is an unforgivable sin. Adultery is not blasphemy and thus, one CAN be forgiven by means of the blood of the Lamb. One need only ask; however, most DON'T ask... because most don't know/believe they are committing adultery. This is because our modern society and outlook has changed this truth... because of its desire not to be JUDGED... by the over-pious, self-righteous clergy and their associates who wrongfully use their so-called "relationship with Christ" and its PRIVILEGES. Rather than using such to FORGIVE, which is the purpose FOR such privileges - to RELEASE the "captives" [to sin] - they use it to judge, condemn, place burdens on others that they themselves can't carry... and ultimately "ruining" the consciences of the sheep... so that these DON'T go and ask forgiveness... because they don't believe they are worthy OF forgiveness!
This was not and IS not the GOOD news... of the kingdom and blood of Christ.
Those who belong to Christ, however, know... or SHOULD know... that our Lord directed US to "STOP judging" and to go RELEASING. Showing mercy and FORGIVING sins. Because ALL of us are sinners, in one manner or another... and the Most Holy One of Israel does not "rank" sin. Hence, as when the woman "caught in the act of adultery" was brought to HIM, his same words apply to us, that "Let the one of you WITHOUT sin cast the first stone."
It is not our job, then, to worry about or concern ourselves with another's sin in this regard; true, if we simply cannot overlook a matter involving sin... due to our own concern about "law" and/or one who has been sinned "against" (say, perhaps a child)... we should speak to our brother in the manner given us by our Lord at Matthew 18:15-20; however, in MOST cases we can simply DO as HE did... and just FORGIVE the sin. Let OUR love cause US to surpass the "law"... rather than bemoan that someone else has transgressed it. Matthew 6:14 (Note, the words "against you" do NOT appear in the Greek. So it is NOT just another's sins against us that we can... and should... forgive. As "ambassadors substituting for Christ, we have authority to forgive ALL sins... and so should. John 8:10-11; 20:22, 23; Luke 6:37
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This is actually happening to a consistently kind and generous personal Christian friend who I have known many years (37 years old), and whose wife claims to be a Christian, witnesses, serves in the church etc. It seems to me that there is no marriage except what is on paper, no touching, no kissing, nothing...in over 2 years. She has rejected counseling. He is distraught.
This is a conundrum; however, neither you nor I should assume that the wife is purposefully "withholding" anything that she is able to give, either physically, mentally, emotionally, psychologically, etc. It is something he and she are going to have to deal with, as others rarely know what's really going on in another couple's marriage. It may or may not have anything to do with the WTBTS; indeed, that harlot may only be an excuse for other underlying issues either or both have. In that light, it could be that he would face the same circumstances even were she not a witness.
And if a lack of sex/affection is his only issue, what if she had some physical event that caused the same thing? A paralyzing accident or something that caused her to be unable to provide sex. What then?
Bear in mind, what I've shared is the "letter" of the law (although reiterated by Christ under the "New" law, so...), whereas it is the SPIRIT of the law that is most important. In that light, a man is supposed to be loving his wife "as he loves his own flesh." So, he may need to put himself in HER "shoes" and try to understand WHY she isn't making herself available to him, etc. As he would want HER to do should HE be the withholding one ('cause it CAN cut the other way, dear one).
He may believe that she "owes" him, simply because she is his wife... and so her body doesn't truly "belong" to her, but to him, and so regardless of her feelings for/about him... or his for/about her... she MUST give him her body. I can tell you, though, that THAT view won't work with many women today. Indeed, unlike many men (not all, of course), WE are SO much more than our bodies. Even so, she would have to consider whether she is living up to HER vow, as well.
Bottom line: he and she need to come to terms with the void in their marriage... one way or another. The possible anger one or both have for the other, if not resolved... will fester... and lead to hatred, which, regardless of the outcome of the marriage, shouldn't happen. Especially if there are children because the manifestation of that hatred can have devastating effects on the children. Whether he continues to cope with his "loss"... or chooses to move on... is between him, her, and God/Christ (if he is a believer). He should, however, be aware of all of the potential ramifications of leaving... NOT so that he will feel guilty, but so that he will know what to ask forgiveness FOR... so as to have his conscience CLEANSED (if indeed that is the result). He should keep in mind, though, that as with forgiveness for any other sin... one cannot "use" this privilege to commit further sin.
Note, I don't mean that he can't remarry and be forgiven for that "adultery." He will not be "lawfully" remarried if he hasn't been forgiven for any sins as to the first one. Again, though, it's not blasphemy so perhaps he can receive such forgiveness - depends on what's truly in his heart when he asks, including whether HE forgives others THEIR sins... or hypocritically judges them for them. He cannot, though, leave this wife, take another, ask for forgiveness, receive it... and then, perhaps tiring of the new one... leave HER... and find another, etc., asking for forgiveness, then do it again, etc. In THAT sense, he will be "practicing" sin/adultery... because he is using the forgiveness privilege to justify. If, however, circumstances keep dictating that he has no other choice (i.e., perhaps the subsequent wife is abusive herself, etc.)... and he ends up with, say, another wife, even another... and another... for similar reasons (abuse, etc.)... then he should be comforted by the knowledge that Christ would not have US do anything HE wouldn't do himself... and he left the admonition for US to forgive... "up to 70 times 7 times."
The Most Holy One of Israel, JAH of Armies, IS merciful, dear one... except as to blasphemy, which includes trying to fool holy spirit. Which includes trying to use the "undeserved kindness (of mercy and forgiveness)" for one's own unlawful gain. That would be to "miss its purpose"! So, as with ANY thing of this nature, your friend would want to scrutinize HIMSELF... being absolutely honest with HIMSELF... checking out what's in HIM... including his true motive... before taking any kind of action regarding this marriage and/or any subsequent marriage.
Because if HE is not clean... if HIS hands are "dirty"... if HE judges others... holds hatred in HIS hearts... and/or fails to forgive others THEIR sins... then he risks having ALL of the sins he's ever been forgiven for... reinstated. In full. With no "covering."
I hope this helps and, again, peace to you!
YOUR servant, sister, and fellow slave of Christ,
SA