Isha Katlanit
Encyclopedia
Isha katlanit is a term used in halakha
("Jewish law") for a married woman who has become a widow twice. Such a woman, it is said, should not marry again, because marrying her carries the risk that her next husband may also die (i.e., she will become the "cause" of his death because her marriage to her two previous husbands ended when they died.)
The origin of this rule is Talmud
ic. There is a dispute in the Talmud about whether a woman becomes a katlanit ("causing death") after the death of two husbands or the death of three husbands. The conclusion is that two are enough to define a katlanit, a term of art found in post-Talmudic literature.
The Talmud presents two reasons why marrying a katlanit is risky:
Maimonides
maintains that if one has already married such a woman, he has no obligation to divorce
her according to Jewish law
. Other rabbis, including Rabbi Asher ben Jehiel
, take a more rigorous position. In their opinion, a man is not an "owner" of his life, so he has no right to endanger it. Consequently, one who married a katlanit must divorce her.
Technically, the isha katlanit rule may still be valid for those who adhere to Orthodox Judaism
. As a practical matter, however, rabbinic authorities have substantially curtailed the relevance of the principles, thanks partly to the rabbinic principle of "The Lord protects the simple
" from unusual dangers. In addition, rabbinic authorities have expressed in responsa
their concern that widows be allowed to remarry, both for their own moral benefit and for the sake of the Jewish population. Today it is accepted that deaths of old husbands (over age 70) or deaths of husbands caused by an obvious accident are not reasons to define a woman as a katlanit. Unnatural causes, though, may activate the rule.
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
("Jewish law") for a married woman who has become a widow twice. Such a woman, it is said, should not marry again, because marrying her carries the risk that her next husband may also die (i.e., she will become the "cause" of his death because her marriage to her two previous husbands ended when they died.)
The origin of this rule is Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
ic. There is a dispute in the Talmud about whether a woman becomes a katlanit ("causing death") after the death of two husbands or the death of three husbands. The conclusion is that two are enough to define a katlanit, a term of art found in post-Talmudic literature.
The Talmud presents two reasons why marrying a katlanit is risky:
- According to the first reason, the "bad luck" or "misfortune" of the katlanit may endanger her husband.
- The second reason is that her "fountain" (i.e., a euphemismEuphemismA euphemism is the substitution of a mild, inoffensive, relatively uncontroversial phrase for another more frank expression that might offend or otherwise suggest something unpleasant to the audience...
for vaginaVaginaThe vagina is a fibromuscular tubular tract leading from the uterus to the exterior of the body in female placental mammals and marsupials, or to the cloaca in female birds, monotremes, and some reptiles. Female insects and other invertebrates also have a vagina, which is the terminal part of the...
), can have a "risky nature."
Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
maintains that if one has already married such a woman, he has no obligation to divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
her according to Jewish law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
. Other rabbis, including Rabbi Asher ben Jehiel
Asher ben Jehiel
Asher ben Jehiel- Ashkenazi was an eminent rabbi and Talmudist best known for his abstract of Talmudic law. He is often referred to as Rabbenu Asher, “our Rabbi Asher” or by the Hebrew acronym for this title, the ROSH...
, take a more rigorous position. In their opinion, a man is not an "owner" of his life, so he has no right to endanger it. Consequently, one who married a katlanit must divorce her.
Technically, the isha katlanit rule may still be valid for those who adhere to Orthodox Judaism
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
. As a practical matter, however, rabbinic authorities have substantially curtailed the relevance of the principles, thanks partly to the rabbinic principle of "The Lord protects the simple
The Lord protects the simple
The Lord protects the simple is a phrase from a verse in the Hebrew Bible. In Judaism, the phrase has both a plain meaning and another meaning due to rabbinic exegesis.-From Psalms:...
" from unusual dangers. In addition, rabbinic authorities have expressed in responsa
Responsa
Responsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them.-In the Roman Empire:Roman law recognised responsa prudentium, i.e...
their concern that widows be allowed to remarry, both for their own moral benefit and for the sake of the Jewish population. Today it is accepted that deaths of old husbands (over age 70) or deaths of husbands caused by an obvious accident are not reasons to define a woman as a katlanit. Unnatural causes, though, may activate the rule.
Sources
- MaimonidesMaimonidesMoses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
. Mishneh Torah H. Issurei Bi'ah 21:31 - Bloom, Amram. Beit She’arim YD 320
- Breisch, Jacob. Helkat Ya'akov. Note: Case of woman whose first husband dies in a car accident and second in an airplane crash.
- Isserlein, IsraelIsrael IsserleinRabbi Israel Isserlein ben Petachia, also Israel Isserlin, Israel of Neustadt, Israel of Marpurk was a Talmudist, and Halakhist, best known for his Terumat HaDeshen, which served as one source for HaMapah, the component of the Shulkhan Arukh by Moses Isserles.- Biography :Even though...
. Terumat ha-Deshen 211. Note: he overrules Maimonides based on concern for the woman's moral well-being and for Jewish continuity since she would effectively be an agunahAgunahAgunah ; literally 'anchored or chained') is a halachic term for a Jewish woman who is "chained" to her marriage. The classic case of this, is a man who has left on a journey, and has not returned, or has gone into battle and is MIA...
. - Shabtai, David and Raymond Sultan. "Medical Risk Taking in Halacha" in Journal of Halacha and Contemporary Society, 2006.
- Zbihi, Pinhas. Ateret Paz Part I, V.3, EH 3, 5748. Note: Case of woman whose first husband dies in a racing car accident and, after she converted to Judaism, her second husband died. web version