When the Pharisees sought to trap Christ by questioning Him about divorce, He directed them to Moses’ law, which allowed a husband to dismiss his wife due to their hardness of heart. However, Christ clarified that this was not the divine intention from the beginning, stating that whoever weds a divorced woman (και ό άπολελυμένην γαμήσας μοιχάται) commits adultery (Matt. 19:3-9), thereby equating the acts of adultery of both husband and wife (cf. Mk. 10:11-12).
Nonetheless, the Church's teaching concerning the equal conjugal rights of spouses, grounded in divine law and initially posited by St. Basil, faced longstanding challenges in Christian society, where pre-Christian customs lingered. These customs dictated that only husbands could dissolve a marriage upon their wives' infidelity, leaving wives to endure their husbands' unfaithfulness. St. Basil acknowledges these traditions in his rule, noting that they were still prevalent in his time.
The prevailing Roman laws prior to Christianity rendered the wife a submissive entity, entirely dependent on her husband. This legal framework prioritized the husband's rights, often disregarding those of the wife. Consequently, in the marriage relationship, the husband's rights were legally protected, and the wife’s unfaithfulness was labeled adultery and punished, while a husband’s unfaithfulness often went unaddressed, leaving wives to endure the excesses of their husband’s infidelity. A shift in perspective began in the era of Augustus, as the lex Julia de adulteriis coercendis challenged numerous previous regulations, invalidating the husband’s freedom to engage with women outside his marriage. This law sought to punish all extramarital relationships. In theory, it could have instigated greater fidelity and equality in marriage as mandated by divine and natural law, conditions essential for the family’s well-being. Yet, the pervasive immorality remained impervious to Augustus' legislation and its penalties; this decay infiltrated Christian society from Roman-Pagan converts. Consequently, although all forms of marital infidelity were condemned within Christianity, there remained a tradition that punished the husband's adultery less severely than that of the wife. As a result, husbands were labeled mere fornicators, while the wives were deemed adulteresses (Basil the Great 21).
The Church Fathers fervently denounced this inaccurate perception of marital rights. In the 3rd century, Tertullian spoke against this injustice, asserting that anyone who cohabits with another flesh, apart from their spouse, is guilty of adultery (qui aliam carnem sibi immiscet super illam pristinam, quam Deus aut conjunxit in duos, aut conjunctam deprehendit). Subsequently, civil laws aligned with the Church's moral vision, as Emperor Constantine the Great instituted the death penalty for those found guilty of adultery. The Church Fathers consistently advocated for the marital rights of both spouses in their teachings. Defending the wife's right to address her husband's infidelity, Athanasius the Great stated that the sin of adultery (μοιχεία) occurs whether the husband engages in fornication (πορνεύση) with another woman or the wife with another man.
John Chrysostom reinforced this perspective with conviction, asserting that adultery exists not only when a man fornicates with a married woman but also when a husband engages with an unmarried woman (άφετήν καί λελυμένην, liberam et solutam). St. Basil, along with other esteemed fathers and teachers, acknowledges that an adulteress (μοιχαλις, adultera) refers to any unfaithful wife, and an adulterer (μοιχαλίς, adulter) refers to any unfaithful husband. This understanding is also reiterated in Basil the Great's 77th rule, where anyone who betrays their spouse is condemned for adultery (τψ της μοιχείας κρίματι), with a clear reference to the Scriptures (Matt. 19:9).
Thus, according to St. Basil's teachings, which mirror the convictions of the Church Fathers, adultery serves as grounds for divorce for both spouses. The Roman customs prevailing in St. Basil's time, which conferred exclusive marital rights upon husbands, were not endorsed by him; he merely referenced them to acknowledge their existence, indicative of the hesitance with which he discussed the matter (ούκ οίδα). This sentiment is similarly echoed in the interpretation of the 21st rule of Basil the Great.