Napoleon's Sanhedrin and the Halakhah 39
But occasionally also saw them as simply following the practices of their ancestors(Responsum by Gershom b. Judah Or Hagola). Rashi had come to a similar conclusion, quoting the Geonim about the same time(Tos., A.Z. 2a, 57b). There were some variations in the outlook adopted toward Christians or Moslems , depending on the economic and social circumstances of the Jewish communities, as well as on the distinction between Ashkenazim and Sefardim .
This new and friendlier outlook towards Christians and Moslems was limited to commercial transactions and set clear boundaries for all religious or ritual contact(Tos, to A.Z. 57b; Yad, Hil. Ma-achalot Asurot XL.7; Ribash, Responsa, 255, 256; Moses Schick, Responsa, Yoreh Deah 15). The restrictions definitely prohibited sexual relations with non-Jews and mixed marriage. Marriages of Jews with Christians or Moslems were clearly prohibited by Maimonides and others(Yad, Hil. Ishut 4.15; Hil. Isurei Biah 12.1; Hil. Melachim 8.7; Tur, Even Ha-ezer 16.1; Shulchan Aruch, Even Haezer 16.1, 44.9). All the medieval codes contain the talmudic prohibition against mixed marriage. The codes differed in their interpretation as to whether the prohibition represented a biblical or rabbinic ordinance(based on Yev. 76a). Maimonides considered it biblical, while Jacob ben Asher in his Tur invalidated such marriages on Rabbinic grounds. The codes, like the Talmud , indicate definite punishment for intercourse with Christians or for mixed marriages. Thirty-nine lashes were prescribed for such intercourse, and if a man lived with a Gentile concubine, then the punishment was to be tripled(Shulchan Aruch, Even Haezer 16.1-2). In addition, the sinner was also to suffer divine punishment. Maimonides ’ code mentioned the Talmudic teaching that the slayer of a Jew engaged in intercourse with a non-Jew was not liable for punishment(Yad, San. 18.6).