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Marriage and its obstacles in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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WALTER JACOB

Avoda Zara 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 Sephardim .

This new and friendlier outlook towards Christians and Moslems had definite limits, both in commenrcial transactions and in communal festivities.(Tos. to Avoda Zara 57; Yak, Hil. Ma-akhalot Asurot 40.7: Ribash, Responsa, 255, 256; Moses Schick, Responsa, Yoreh Deah 15). The restrictions definitely prohibited both sexual relations with non-Jews and mixed marriage. Marriages of Jews with Christians or Moslems were clearly prohibited by Maimonides and others(Yak, Hil. Ishut 4.15; Hil. Isurei Bi-ah 12.1; Hil. Melakhim 8.7: Tur, Even Ha-ezer 16.1; Shulhan Arukh, Even Ha-ezer 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 7ur invalidated such marriages on Rabbinic rounds. 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 (Shulhan Arukh, 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 Hil. Sanh. 18.6).

Rabbi Simon of Duran reported that the government permitted the Jewish community to stone Jews who had illicit sexual relations

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