Translation:Shulchan Aruch/Even ha-Ezer/16

Paragraph 1- If a Jew had sexual relations with a gentile in a marriage way, or if a Jewish girl had sexual relations with a gentile in a marriage way, they would receive biblical lashes, because the verse states, “you shall not marry them.” There are those who disagree with this. If one has sexual relations with a gentile in passing manner, however, he would only be rabbinically liable for having relations with a gentile and a zonah. We would give him mardus lashes. If he had designated her for sexual relations, he would be rabbinically liable for having relations with a nidah, maidservant, gentile and zonah. If he was a kohen, even if he had a passing sexual relationship, he would receive biblical lashes for having a relationship with a zonah.

Paragraph 2- If one has sexual relations with a gentile and no zealots killed him and the court did not whip him, his punishment of kares is explicit in the Prophets, as the verse states, “Because Yehuda has profaned the holiness of God whom he loves, and he had sexual relations with the daughter of a strange God, God shall cut off the man that does this and he will not have anyone who calls or answers for him.” This means if he is a Jew he will not have a child who calls among the Rabbis nor answers among the students. This sin has a negative outcome that does not exist with any other prohibited relations, in that any child born from a maidservant or gentile is not his child, as opposed to children of other prohibited relations. The prohibition of publicly having sexual relations with a gentile where the rule that zealots may kill him, as is discussed in Choshen Mishpat Siman 425, is considered a prohibition of prohibited relations, and the rule that one should get killed rather than transgress would apply, just as it does for other prohibited relatives.

Paragraph 3- If a maidservant immersed in the mikvah for the sake of slavery, she is prohibited from marrying a free man, regardless if she was that man’s slave or another’s slave. One who has sexual relations with her would receive mardus lashes.

Paragraph 4- If one is caught having a relationship with his maidservant, we would remove her from him and sell her. We would distribute the proceeds to poor Jews. We would whip him, shave his hair and excommunicate him for 30 days.

Paragraph 5- If a Jewish child was mixed up with the child of a maidservant, they are both uncertain and each one would be considered an uncertain-slave. We would compel the owner of the maidservant to free both of them. If the other child was the child of slave’s master, when they become adults they would each free each other and they would both be permitted to marry in.

Paragraph 6- If the mixed children were females, they are both uncertain-maidservants. If one had sexual relations with either of them, any child would be an uncertain-slave. Likewise, if the child of a gentile got mixed up with the child of a Jew, they would immerse both of them for the sake of conversion and each one would be an uncertain-convert.