Can we draw the conclusion from Matthew 5:28 (But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart.) that if a married person lusted after another in their mind, then the spouse is free to divorce them per Matthew 19:9 (I tell you that anyone who divorces his wife, except for sexual immorality, and marries another woman commits adultery.”)?
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God can have a higher standard for sin, because God knows individuals' thoughts. Lacking that same omniscience, human law must base crimes (or grounds for divorce) on provable facts or actions. This has implications not just in the area of adultery, but in other areas as well -- for example, the infeasibility of making an individual who has coveted after something legally guilty of its theft, or making hating another person legally the same as taking that person's life.
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