Could you email to me any information you have on Katlanis which is found at the beginning and towards the end of Maseches Yevomos? I also know someone who is married for the 4th time. I believe each of his first 3 wives died. Is there any Heter for this in terms of Katlanis? Is someone permitted to risk the danger of Katlanis if he or she so desire in order to get married. If you could answer by Monday, January 10th at the latest I would greatly appreciate it. Best wishes for your continued Hatzlacha in Harbotzas HaTorah.
We have addressed the topic of a "Katlanis" in Maseches Yevamos only in the Insights to Daf 26a, which I have included below.
Regarding your specific question, the SHULCHAN ARUCH (Even ha'Ezer 9:2) clearly rules that a man who was married to two wives who died "does not need to refrain from marrying again." This is because the reason why a woman "Katlanis" may not remarry does not apply to a man (see TAZ (#4) and BI'UR HA'GRA (#9)). A woman may not remarry because the fact that her husbands have died indicates that she has a certain Mazal which requires that she stay single and not be supported by any husband. In order for this Mazal to maintain itself, any man who marries her will have to die. A man, however, cannot have such a Mazal, since it is he who supports his wife (and even in the rare case of a woman who supports her husband, the Rabanan did not make a Gezeirah in such a rare case).
The CHELKAS MECHOKEK, based on the TESHUVOS HA'ROSH, leans towards being stringent in a case where a man's wives died from the same type of death. He concludes that in a case where a man was married to three woman who all died from the same type of death, it is proper to refrain from marrying again ("Ra'uy la'Chosh").
However, the Acharonim (see PISCHEI TESHUVAH who cites the BIRKEI YOSEF, and see the BE'ER HEITEV) refute the opinion of the Chelkas Mechokek, and rule that a man may remarry even in such a case.
If we find out more about the topic, we will let you know.
Yisrael Shaw
2) MARRYING A WOMAN WHO HAS BEEN DIVORCED TWICE
QUESTION: The Mishnah states that in the case of a man who enabled a woman to become divorced, if that woman then married someone else and then her husband died or divorced her, she is then permitted to marry the man, such as the Chacham, Shali'ach, or single witness, who permitted her to remarry in the first place. The Gemara explains that the Mishnah does not mean that the widow (in the case when a single witness enabled her to remarry by testifying that her husband died) may marry the witness after her second husband dies (but rather, only if he divorces her), nor does the Mishnah mean that the divorcee (in the case when a Chacham or Shali'ach enabled her to get divorced) may marry the Chacham or Shali'ach after her second husband divorces her (but rather, only if he dies). In those two cases, a third man is not permitted to marry her because of Rebbi's ruling. RASHI explains that Rebbi's ruling was "there is a Chazakah that she causes her husbands to die or to divorce."
It is clear from Rashi that not only does a Chazakah of two dead husbands prohibit a third man from marrying her, but also a Chazakah of two divorces prohibits a third man from marrying her. This is also the implication of the Gemara which says that the Mishnah cannot be permitting her to remarry after she was divorced twice.
How can Rashi say that being divorced twice prohibits a third man from marrying her? The Gemara later (64b) says that Rebbi's logic for prohibiting a woman after two deaths is either because of "Ma'ayan Gorem" or "Mazal Gorem" -- either her Nidah flow is a physical factor causing her husbands to die, or her inauspicious Mazal causes them to die. The Gemara says that a difference between the two reasons is a case where her husband died after Erusin, before the woman moved into her husband's house: according to the opinion that "Ma'ayan Gorem," if the husband died after Erusin, that does not count towards making a Chazakah that she causes her husbands to die.
We can understand how "Mazal Gorem" can be applied to divorce; after two divorces, it is evident that she has an inauspicious Mazal that causes her to get divorced. How, though, does "Ma'ayan Gorem" apply to divorce? If it indeed does not apply to divorce, then the Gemara there should have said that this is another difference between "Ma'ayan Gorem" and "Mazal Gorem!" (VILNA GA'ON and BE'ER HETEV, EH 9:8)
Moreover, even if the woman has established a Chazakah to get divorced, why should that prohibit a third man from marrying her? At worst, she will get divorced a third time. Why should it be Asur to marry her?
ANSWER: Even though the literal argument of "Ma'ayan Gorem" does not apply to divorce, it may certainly be suggested that the woman's physical nature is to blame for her recurring divorce; perhaps she is easily excitable. Therefore, both the opinions that "Mazal Gorem" and "Ma'ayan Gorem" agree that two divorces will give her a Chazakah that she will get divorced again, either because of her Mazal, or because her physical nature causes her to get into arguments and get divorced.
Regarding why one should not marry a woman who has a Chazakah to get divorced, it could be that it is not prohibited per se, but merely the Chachamim are giving good advice, "Etzah Tovah," not to marry a woman who has been divorced twice (YASHRESH YAKOV); the Gemara is asking that the Mishnah would not tell her that she can marry a third man l'Chatchilah if doing so goes against the better judgment of the Chachamim and is discouraged.
HALACHAH: We rule like Rebbi in a situation of a mortal danger, such as in the case of marrying a woman who has had two husbands who have died, and we follow a Chazakah after only two incidents have established that Chazakah. The REMA cites Rashi (EH 9:1) that applies this Halachah to a case of a woman who was divorced twice, but afterwards he cites TOSFOS (DH a'Gerushin) and the other Rishonim here, who, despite the implication of our Gemara, argue with Rashi and say that Rebbi prohibits remarriage only after being widowed twice, and not after being divorced twice. The Rema concludes that the opinion of Tosfos is the proper one ("v'Chen Ikar").