Daily Mitzvah (Rambam)

The 52nd prohibition is that we are forbidden from marrying heretics.1

The source of this commandment is G‑d's statement,2 "do not intermarry with them," which then explains what kind of intermarriage is referred to — "do not give your daughters to their sons, and do not take their daughters for your sons."

Tractate Avodah Zarah3 states clearly, "the Torah prohibition applies where there is marriage."

There are variations regarding the punishment for one who transgresses this prohibition. If he has relations with her in public, the punishment is carried out by one who kills him while he is in the act — as Pinchas did to Zimri.4 Our Sages said5 [regarding this law]: "a man who has relations with a non-Jew — the zealous are allowed to kill him." This is true only upon certain conditions: that the act was done in public and the act is still in progress, just as it happened [with Pinchas and Zimri].

If, however, nobody knows of the act, or he separated from her before the zealous could kill him, his punishment is kares. This kares is not explicitly mentioned in Scripture. Our Sages asked,6 "what if the zealous do not kill him?" They explain that he receives kares, as it is written,7 "[Yehudah has rebelled...] because Yehudah, who was holy to G‑d, has profaned himself; because he loved and had relations with the daughter of a foreign god. G‑d will give kares to the one who does this, [he will neither be] a student nor a teacher." [In reference to this] our Sages said, "from here we learn that he receives kares."

Whenever it is determined that a man has had relations with a non-Jewish woman, and there were witnesses and a warning,8 he is lashed by Torah law. One should understand this.

The details of this law are explained in Avodah Zarah9 and Sanhedrin.10

Footnotes

1.

I.e., all non-Jews, regardless of whether they worship idols or not. See Hilchos Issurei Biyah, 12:1. Kapach, 5731, note 74.

2.

Deut. 7:3.

3.

36b.

4.

Num. 25:6-8.

5.

Sanhedrin 81b.

6.

Ibid. 82a.

7.

Malachi 2:11-12.

8.

And, as mentioned above, there was marriage.

9.

36b.

10.

82a.

The 53rd prohibition is that we are forbidden from marrying male descendants of Ammon and Moav — even after they have converted to Judaism.

The source of this commandment is G‑d's statement,1 "An Ammonite or Moabite [man] may never enter the congregation of G‑d."

One who transgresses this prohibition receives lashes — i.e., when a male Ammonite or Moabite convert has relations with a Jewish woman within marriage, both receive lashes by Torah law.

The details of this law are explained in the eighth chapter of Yevamos2 and the end of Kiddushin.3

Footnotes

1.

Deut. 23:4.

2.

76b.

3.

74b.

The 55th prohibition is that we are forbidden from distancing ourselves from Egyptians by refusing to marry them once they have converted to Judaism.1

The source of this commandment is G‑d's statement,2 "do not despise the Egyptian."

The details of these two mitzvos, i.e., that of the Egyptian and that of the Edomite,3 are explained in the eighth chapter of Yevamos and the end of Kiddushin.4

Footnotes

1.

This is only in the third generation following the conversion. During the first two generations, one is forbidden from marrying them. See Hilchos Issurei Biyah, 12:19.

2.

Deut. 23:8.

3.

N54.

4.

Op.cit.

The 54th prohibition is that we are forbidden from distancing ourselves from the descendants of Esav once they have converted to Judaism — i.e., we are forbidden from refusing to marry them after their conversion.1

The source of this commandment is G‑d's statement,2 "do not despise the Edomite, since he is your brother."

Footnotes

1.

See note to N55.

2.

Deut. 23:8.

The 354th prohibition is that a mamzer1 is forbidden from having relations with a Jewish woman.2

The source of this commandment is G‑d's statement,3 "a mamzer may not enter the congregation of G‑d."

One who transgresses this prohibition receives lashes.

The details of this mitzvah are explained in the eighth chapter of Yevamos and the end of Kiddushin.

Footnotes

1.

An illegitimate child, product of a sexual prohibition punishable by kares. See end of N353.

2.

In Hilchos Issurei Biyah, 15:2, the Rambam rules that he would receive lashes only if he had relations with her after kiddushin.

3.

Deut. 23:3.

The 360th prohibition is that a man whose reproductive organs have been damaged to the extent that he cannot father children is forbidden from having relations with a Jewish woman.

The source of this commandment is G‑d's statement,1 "a man with crushed testicles or a cut member may not enter the congregation of G‑d."

If he had relations with a Jewish woman after kiddushin, he receives lashes.

The details of this mitzvah are explained in the ninth chapter of Yevamos.

Footnotes

1.

Deut. 23:2.

The 361st prohibition is that we are forbidden from damaging the reproductive organs of any male, including all species of animals, as well as humans.

The source of this commandment is G‑d's statement1 which follows mention of [animals whose reproductive organs were] crushed by hand or by instrument, pulled loose, or severed — "in your land you may not do this."

[Our Sages2 gave] the explanation of this verse: "among you [i.e., by Jews] it may not be done."

One who transgresses this prohibition — i.e., who castrates one from any species — receives lashes.

In the chapter Shemonah Sheratzim,3 our Sages said, "What is the source for the prohibition of castrating a man? The verse, 'in your land you may not do this' — i.e., among you.4 Even the second one to damage a reproductive organ5 transgresses this prohibition, as Rabbi Chiya bar Abun said in the name of Rabbi Yochanan: 'everyone agrees that the second one to make [a meal offering] into chometz [also] transgresses, since it is written,6 "do not bake it chometz," and7 "do not make it chometz." The second one to damage a reproductive organ transgresses since it is written, "crushed by hand or by instrument..." If one transgresses for crushing by hand, it is obvious that one transgresses for crushing with an instrument! But this comes to include even one who crushes with an instrument after they were already crushed by hand — that he too transgresses.' "

The details of this mitzvah are explained in a number of passages in Shabbos and Yevamos.

Footnotes

1.

Lev. 22:24.

2.

Sifra, Emor, 7:11.

3.

Shabbos 110b.

4.

Rather than literally, "in your land," i.e., of Israel. The prohibition actually applies outside Israel as well. See Hilchos Issurei Biyah, 16:10.

5.

Literally, "one who castrates after one who castrates."

6.

Lev. 6:10.

7.

Lev. 2:11.