To not marry with idolaters: That we should not marry with the nations — and Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Forbidden Intercourse 12:1), “Not with the seven nations and with the other nations” — as it is stated (Deuteronomy 7:3), “You shall not marry with them.” And the matter of marriages is that he give his daughter to [the idolater’s] son or his son to his daughter, and as the verse elucidates, “you shall not give your daughter to his son, and his daughter you shall not take for your son.” And all the more so one who mates with them [himself], as he himself is included in this prohibition. And we say in Tractate Avodah Zarah 36b [that it is] by way of marriages that the Torah forbade. But even though this verse of “You shall not marry them” is written specifically about the seven nations and in their being converts — and so is it understood by our Rabbis, who said in the Gemara (Yevamot 76a), “In their being converts, they have marriages, in their being gentiles, they do not have marriages” — in that which the Scripture restates [that which is already understood], “you shall not give your daughter to his son, and his daughter you shall not take for your son,” it [comes to] include the seven nations and all of the other nations even in their being gentiles. But the seven nations are forbidden even in their being converts because they were the main [source] of idolatry and its first foundation, whereas the other nations are permitted by conversion. But one who has sexual relations on occasion, such as a man who has sexual relations privately with his harlot — this is only a rabbinic prohibition, and it is the prohibition of nashgaz (the Hebrew initials of the four types of women included: menstruant, maidservant, gentile, harlot) mentioned in Avodah Zarah 76a.
It is from the roots of the commandment [that it is that] since most of the masses — in their stupidity — are drawn after the counsel of their wives, if one marries the “daughter of a foreign god,” she will draw him to worship idolatry. And also because her children that are born from her will be raised towards idolatry. And woe to the one who disqualifies his seed.
From the laws of the commandment is that which they, may their memory be blessed, said (Sanhedrin 81a) that zealots would attack one who has sexual intercourse with an Aramean (gentile) publicly in the eyes of ten or more Israelites. And the proof of the thing is the story of Pinchas and Zimri. But the zealot is nonetheless only permitted to attack him at the time of the promiscuous act, and like in the story that happened; as it is stated (Numbers 25:8), “and the woman through her belly.” But if he separated [from her], we do not kill him, but [rather] bring him to the court and they administer lashes [upon] him, since he did the act publicly. [If] the zealots did not attack him and the court did not administer lashes [upon] him, we know from the words of tradition that he is [punished] by excision, as it is written (Malachi 2:11-12), “and he who husbands (read here as, “who has sexual intercourse with”) the daughter of a foreign god. The Lord will excise the man that does it.” And a gentile who has sexual relations with an Israelite — if she is a married woman, he is killed over her; but, if not, he is not killed. But a Jew who wantonly has sexual relations with a gentile woman — even [if it is] by way of harlotry — she is nonetheless killed, since a mishap happened to an Israelite through her, like the law of an animal. And this thing is explicit in the Torah, as it is stated (Numbers 31:16-17), “They were the ones that were with the word of Bilaam against the Children of Israel, etc. and any woman that could know a man sexually they killed.” [This] and the rest of its details are elucidated in Avodah Zarah and Yevamot and Kiddushin. (See Mishneh Torah, Laws of Forbidden Intercourse 2.)
And it is practiced in every place and at all times by males and females. And one who transgresses it and marries with the seven nations in their being converts — meaning to say, that he specifies a woman from them for a wife for his son, or he gave his daughter to one of them — the father has violated a negative commandment. But he is not lashed, as there is no act [involved] with it, whereas the son who did the act of sexual relations is lashed. And with the other nations, and so [too,] with the seven nations, in their being gentiles — one who specifies a woman from them to regularly have sexual relations with her, is lashed by Torah writ — from the first relations after he specified her — and she is killed. And if he did not specify her, but only has sexual relations with her once in the way of harlotry, he is struck with lashes of rebellion, by rabbinic writ.
לֹא לְהִתְחַתֵּן בְּעוֹבְדֵי עֲבוֹדָה זָרָה – שֶׁלֹּא נִתְחַתֵּן עִם הָאֻמּוֹת. וְכָתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (מאיסורי ביאה יב א) לֹא עִם שִׁבְעָה עֲמָמִים וְלֹא עִם שְׁאָר הָאֻמּוֹת, שֶׁנֶּאֱמַר (דברים ז ג) וְלֹא תִתְחַתֵּן בָּם. וְעִנְיַן הַחַתְנוּת הוּא, שֶׁיִּתֵּן בִּתּוֹ לִבְנוֹ אוֹ בְּנוֹ לְבִתּוֹ, וּכְמוֹ שֶׁבֵּאֵר הַכָּתוּב (שם) בִּתְּךָ לֹא תִתֵּן לִבְנוֹ וּבִתּוֹ לֹא תִקַּח לִבְנֶךָ. וְכָל שֶׁכֵּן הַמִּזְדַּוֵּג עִמָּהֶם, שֶׁהוּא בְּעַצְמוֹ בִּכְלַל הָאִסּוּר, וְאָמְרִינַן בְּמַסֶּכֶת עֲבוֹדָה זָרָה (לו, ב) דֶּרֶךְ חַתְנוּת אָסְרָה תּוֹרָה, וְאַף עַל פִּי שֶׁהַכָּתוּב הַזֶּה דְּלֹא תִתְחַתֵּן בְּשִׁבְעָה עֲמָמִים הוּא דִּכְתִיב וּבְגֵרוּתָן דַּוְקָא, וְהָכִי מַשְׁמַע לְהוּ לְרַבָּנָן שֶׁאָמְרוּ בַּגְּמָרָא (יבמות עו, א) בְּגֵרוּתָן אִית לְהוּ חַתְנוּת, בְּגַיּוּתָן לֵית לְהוּ חַתְנוּת, בַּמֶּה שֶׁחָזַר הַכָּתוּב בִּתְּךָ לֹא תִתֵּן לִבְנוֹ וּבִתּוֹ לֹא תִקַּח לִבְנֶךָ יְרַבֶּה שִׁבְעָה עֲמָמִים וְכָל שְׁאָר הָאֻמּוֹת בָּאִסּוּר אַף בְּגַיּוּתָן, אֲבָל שִׁבְעָה עֲמָמִין נֶאֶסְרוּ אַף בְּגֵרוּתָן לְפִי שֶׁהָיוּ עִקַּר עֲבוֹדָה זָרָה וִיסוֹדָהּ הָרִאשׁוֹן, וּשְׁאָר עֲמָמִין מֻתָּרִין בְּגֵרוּת, וְאִסּוּר זֶה יִהְיֶה דַּוְקָא כְּשֶׁהוּא מְיַחֲדָהּ לוֹ לְאִשָּׁה, אֲבָל הַבָּא עַל הַגּוֹיָה דֶּרֶךְ מִקְרֶה, כְּאָדָם שֶׁבָּא עַל זוֹנָתוֹ שֶׁלֹּא בְּפַרְהֶסְיָא, אֵין בָּזֶה אֶלָּא אִסּוּר דִּבְרֵיהֶם, וְהוּא אִסּוּר נשג"ז (נדה, שפחה, גויה, זונה), הַמֻּזְכָּר בַּעֲבוֹדָה זָרָה (שם).
To not marry with idolaters: That we should not marry with the nations — and Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Forbidden Intercourse 12:1), “Not with the seven nations and with the other nations” — as it is stated (Deuteronomy 7:3), “You shall not marry with them.” And the matter of marriages is that he give his daughter to [the idolater’s] son or his son to his daughter, and as the verse elucidates, “you shall not give your daughter to his son, and his daughter you shall not take for your son.” And all the more so one who mates with them [himself], as he himself is included in this prohibition. And we say in Tractate Avodah Zarah 36b [that it is] by way of marriages that the Torah forbade. But even though this verse of “You shall not marry them” is written specifically about the seven nations and in their being converts — and so is it understood by our Rabbis, who said in the Gemara (Yevamot 76a), “In their being converts, they have marriages, in their being gentiles, they do not have marriages” — in that which the Scripture restates [that which is already understood], “you shall not give your daughter to his son, and his daughter you shall not take for your son,” it [comes to] include the seven nations and all of the other nations even in their being gentiles. But the seven nations are forbidden even in their being converts because they were the main [source] of idolatry and its first foundation, whereas the other nations are permitted by conversion. But one who has sexual relations on occasion, such as a man who has sexual relations privately with his harlot — this is only a rabbinic prohibition, and it is the prohibition of nashgaz (the Hebrew initials of the four types of women included: menstruant, maidservant, gentile, harlot) mentioned in Avodah Zarah 76a.
מִשָּׁרְשֵׁי הַמִּצְוָה. לְפִי שֶׁרֹב הֲמוֹן הָעָם, דֶּרֶךְ טִפְּשׁוּת יִמָּשְׁכוּ אַחַר עֲצַת נְשׁוֹתֵיהֶם, וְאִם יִשָּׂא אָדָם בַּת אֵל נֵכָר תִּמְשְׁכֵהוּ לַעֲבֹד עֲבוֹדָה זָרָה, וְעוֹד כִּי גַּם בָּנֶיהָ הַנּוֹלָדִים מִמֶּנּוּ תְּגַדֵּל לַעֲבוֹדָה זָרָה, וְאוֹי לוֹ לַפּוֹסֵל אֶת זַרְעוֹ.
It is from the roots of the commandment [that it is that] since most of the masses — in their stupidity — are drawn after the counsel of their wives, if one marries the “daughter of a foreign god,” she will draw him to worship idolatry. And also because her children that are born from her will be raised towards idolatry. And woe to the one who disqualifies his seed.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (סנהדרין פא, א) הַבּוֹעֵל אֲרָמִית בְּפַרְהֶסְיָא, לְעֵינֵי עֲשָׂרָה יִשְׂרָאֵל אוֹ יוֹתֵר קַנָּאִים פּוֹגְעִין בּוֹ, וּרְאָיָה לַדָּבָר מַעֲשֵׂה פִּנְחָס וְזִמְרִי, וּמִכָּל מָקוֹם אֵין הַקַּנַּאי רַשַּׁאי לִפְגֹעַ בּוֹ, אֶלָּא בִּשְׁעַת מַעֲשֶׂה הַזִּמָּה, וּכְמַעֲשֶׂה שֶׁהָיָה, שֶׁנֶּאֱמַר (במדבר כה ח) וְאֶת הָאִשָּׁה אֶל קֳבָתָהּ, אֲבָל אִם פֵּרַשׁ אֵין הוֹרְגִין אוֹתוֹ, אֲבָל מְבִיאִין אוֹתוֹ לְבֵית דִּין וּמַלְקִין אוֹתוֹ, מִכֵּיוָן שֶׁעָשָׂה הַמַּעֲשֶׂה בְּפַרְהֶסְיָא. לֹא פָּגְעוּ בּוֹ קַנָּאִין וְלֹא הִלְקוּהוּ בֵּית דִּין יָדַעְנוּ מִדִּבְרֵי קַבָּלָה שֶׁהוּא בְּכָרֵת, דִּכְתִיב (מלאכי ב יא) וּבָעַל בַּת אֵל נֵכָר יַכְרֵת ה' לָאִישׁ אֲשֶׁר יַעֲשֶׂנָּה. וְגוֹי הַבָּא עַל בַּת יִשְׂרָאֵל, אִם הִיא אֵשֶׁת אִישׁ נֶהֱרָג עָלֶיהָ, וְאִם לָאו אֵינוֹ נֶהֱרָג. אֲבָל יִשְׂרָאֵל הַבָּא עַל הַגּוֹיָה בְּזָדוֹן, וַאֲפִלּוּ דֶּרֶךְ זְנוּת הִיא תֵּהָרֵג מִכָּל מָקוֹם, מִפְּנֵי שֶׁבָּא לְיִשְׂרָאֵל תַּקָּלָה עַל יָדָהּ כְּדִין הַבְּהֵמָה, וְדָבָר זֶה מְפֹרָשׁ בַּתּוֹרָה, שֶׁנֶּאֱמַר (במדבר לא טז יז) הֵן הֵנָּה הָיוּ לִבְנֵי יִשְׂרָאֵל בִּדְבַר בִּלְעָם וְגוֹ'. וְכָל אִשָּׁה יֹדַעַת אִישׁ לְמִשְׁכַּב זָכָר הֲרֹגוּ. וְיֶתֶר פְּרָטֵי דְּבָרִים אֵלֶּה, מְבֹאָרִים בַּעֲבוֹדָה זָרָה, וּבְסַנְהֶדְרִין, וּבִיבָמוֹת, וְקִדּוּשִׁין [הלכות איסורי ביאה פ"ב].
From the laws of the commandment is that which they, may their memory be blessed, said (Sanhedrin 81a) that zealots would attack one who has sexual intercourse with an Aramean (gentile) publicly in the eyes of ten or more Israelites. And the proof of the thing is the story of Pinchas and Zimri. But the zealot is nonetheless only permitted to attack him at the time of the promiscuous act, and like in the story that happened; as it is stated (Numbers 25:8), “and the woman through her belly.” But if he separated [from her], we do not kill him, but [rather] bring him to the court and they administer lashes [upon] him, since he did the act publicly. [If] the zealots did not attack him and the court did not administer lashes [upon] him, we know from the words of tradition that he is [punished] by excision, as it is written (Malachi 2:11-12), “and he who husbands (read here as, “who has sexual intercourse with”) the daughter of a foreign god. The Lord will excise the man that does it.” And a gentile who has sexual relations with an Israelite — if she is a married woman, he is killed over her; but, if not, he is not killed. But a Jew who wantonly has sexual relations with a gentile woman — even [if it is] by way of harlotry — she is nonetheless killed, since a mishap happened to an Israelite through her, like the law of an animal. And this thing is explicit in the Torah, as it is stated (Numbers 31:16-17), “They were the ones that were with the word of Bilaam against the Children of Israel, etc. and any woman that could know a man sexually they killed.” [This] and the rest of its details are elucidated in Avodah Zarah and Yevamot and Kiddushin. (See Mishneh Torah, Laws of Forbidden Intercourse 2.)
וְנוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת, וְהָעוֹבֵר עַל זֶה וְנִתְחַתֵּן עִם שִׁבְעָה עֲמָמִין בְּגֵרוּתָן, כְּלוֹמַר, שֶׁיִּחֵד לוֹ אִשָּׁה מֵהֶם לִבְנוֹ, אוֹ שֶׁנָּתַן בִּתּוֹ לְאֶחָד מֵהֶן, הָאָב עָבַר עַל לָאו, אֲבָל אֵינוֹ לוֹקֶה, לְפִי שֶׁאֵין בּוֹ מַעֲשֶׂה, אֲבָל הַבֵּן שֶׁעָשָׂה מַעֲשֵׂה הַבִּיאָה לוֹקֶה, וּבִשְׁאָר עֲמָמִים, וְכֵן בְּשִׁבְעָה עֲמָמִים בְּגַיּוּתָן, הַמְיַחֵד לוֹ אִשָּׁה מֵהֶן לָבוֹא עָלֶיהָ תָּמִיד לוֹקֶה מִדְּאוֹרַיְתָא בְּבִיאָה רִאשׁוֹנָה מֵאַחַר שֶׁיִּחֲדָהּ, וְהִיא תֵּהָרֵג, וְאִם לֹא יִחֲדָהּ, אֶלָּא שֶׁבָּא עָלֶיהָ פַּעַם אַחַת דֶּרֶךְ זְנוּת מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת מִדְּרַבָּנָן.
And it is practiced in every place and at all times by males and females. And one who transgresses it and marries with the seven nations in their being converts — meaning to say, that he specifies a woman from them for a wife for his son, or he gave his daughter to one of them — the father has violated a negative commandment. But he is not lashed, as there is no act [involved] with it, whereas the son who did the act of sexual relations is lashed. And with the other nations, and so [too,] with the seven nations, in their being gentiles — one who specifies a woman from them to regularly have sexual relations with her, is lashed by Torah writ — from the first relations after he specified her — and she is killed. And if he did not specify her, but only has sexual relations with her once in the way of harlotry, he is struck with lashes of rebellion, by rabbinic writ.