1.9. Widowhood and the Legal Status of the Widow

Another moment of the dissolution of a marital union is the death of one of the spouses. After the death of one spouse, the surviving party enters into new relations differing from the former ones. But the change could especially affect only the fate of the woman, as the weaker member of the dissolved union. Therefore legislation, remaining entirely silent about the position of a widower, concerns itself only with the position of a widow, seeking to secure her in her new situation. We shall dwell briefly on the position of the widow under Mosaic legislation, so as thereby to conclude the examination of the Mosaic laws on family relations.

The position of a widow is not precisely defined by the law: in general it is conditioned by family ties. If the widow had children, then of course a natural duty rested upon them—a duty which, as Michaelis expresses it, there is no need to define by law—namely, the duty to feed the mother. This duty lay chiefly upon the elder—the firstborn son, who for this purpose among other things received a double portion of the deceased father’s property. If the widow had no children, then the care for her maintenance passed to relatives. But the law is not content with leaving the care for the widow’s security to family feelings: it itself also cares for her and seeks means for her sustenance. It grants to the widow the enjoyment of the same means of sustenance that are provided and defined in the Mosaic state for all the disadvantaged, unfortunate members—the poor, foreigners, orphans, and even the Levites, who had no “portion and inheritance” in the state. Thus, the widow had a share in the tithe that every three years was set aside from all produce for the benefit of the destitute members (Deut. 14:28–29; 26:12); she had the right to gather the legally prescribed leavings in the field after the harvest, in gardens and vineyards after the fruit-picking (Deut. 24:19–21), and to participate in the religious celebrations of the people, which had among other things the aim of providing food for the needy (Deut. 16:11–14 et al.). There is historical evidence that even a portion of the spoils of war was set aside for the benefit of widows (2 Macc. 8:28–30), and this is entirely in the spirit of Mosaic legislation. Among the special provisions regarding the widow is the regulation forbidding the taking of a widow’s garment in pledge (Deut. 24:17), and in general articles of primary necessity in life, as one may conclude from the words of Job, who sees lawlessness and cruelty in the fact that “the ox of the widow is taken in pledge” (Job 24:3). In all other cases, the legislator entrusts care for the widow to individual communities, indicating to them only the general tone of relations toward her in general regulations such as the following: “You shall not mistreat any widow or fatherless child. If you do mistreat them, and they cry out to me, I will surely hear their cry, and my wrath will burn, and I will kill you with the sword, and your wives shall become widows and your children fatherless” (Exod. 22:22–24). A public curse was pronounced upon him who “perverts the justice due to the widow” (Deut. 27:19). In time of danger, the widow was permitted to deposit her property in the treasury of the Temple (2 Macc. 3:10). Regarding the widow’s remarriage, the legislation, leaving her full freedom, makes only two provisions: the first, that if a widow remains childless, she must marry her husband’s brother; and the second, that she could not marry the high priest (Deut. 25:5–6; Lev. 21:14). The explanation of this latter restriction is to be found in the exalted holiness of the high-priestly dignity, in accordance with which the high priest’s marriage must also represent the purest union with an unblemished virgin, which a marriage to a widow—as one who has already lived through her natural union—can no longer be.