IF he is an unbeliever.
*Waits for the No True Scotsman*
Better hope you get it right if you're ever in that situation.
Cause I doubt you can fool God.
I was wondering how long before this particular gem of a cop out was going to be presented.
Actually the New Testament gives us a system to use when we are faced with a person who claims to be a believer but is abusive toward us, either physically, emotionally, financially, whatever. Some churches do use this system, others don't.
Paul tells believers who feel that another believer is abusing them to first of all, go to the person and try to resolve the issue. If it can't be resolved that way, go to one or two elders and get their advice and involvement, privately and still between the one or two elders, you, and the other person. If the issue still can't be resolved, take it before ALL the elders and the pastor or bishop. If the other person is at fault, and it's a serious issue - and they refuse to change, the church (and you) can COUNT them as an unbeliever. This doesn't mean they ARE an unbeliever, but in our dealings with them, we may count them as one.
I was in this very situation. My exhusband claimed to be a Christian, but was physically abusive to me and to our children. At first the abuse was very sporadic, but it became more violent and more extreme over the years, eventually leading to a situation where he held a loaded gun to my head.
I did the whole church/elders/pastor thing. With the help of the elders, I left him for six months, and we enrolled in intensive counseling and finally got back together again. We did ok for a few more years, but eventually it became clear that my husband was dangerous and would not get the counseling/help he needed to change his violent behavior permanently. It was as if he simply couldn't control his "inner demons" or psychoses or whatever you want to call it.
The second time he threatened me with a gun, I left him for good and filed for divorce.
I felt absolutely no guilt in remarrying. I believe that by his actions, he left the marriage when he FORCED me to leave in order to keep our children and myself safe. He may be a Christian - that's between him and God. But I believe I had the right to "count him as an unbeliever" in my dealings with him.
As for living by the spirit of the law, rather than by the letter of the law, I believe that Jesus' teachings are very,very clear on this. This is why Jesus made examples of working on the Sabbath, and critisized the Sadduccees and Pharisees for being legalistic and harsh in their judgments and practice of the letter of the law.
It's not a cop out at all.