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I was reading Mishneh Torah, Issurei Biah, Chapter 12, where the RAMBAM says:

עַכּוּ''ם הַבָּא עַל בַּת יִשְׂרָאֵל אִם אֵשֶׁת אִישׁ הִיא נֶהֱרַג עָלֶיהָ וְאִם פְּנוּיָה הִיא אֵינוֹ נֶהֱרַג

When a gentile engages in relations with a Jewish woman, if she [the Jewish woman] is married, he [the Gentile] should be executed. If she [the Jewish woman] is single, he [the Gentile] is not executed.

My question is: Since the Gentile would be executed, if the Jewish woman is married, what is the punishment for the Jewish woman for engaging in relations or vice-versa if it was a Jewish man engaging in relations with a Gentile woman?


Note: I should add that I am not trying to justify the sin of engaging in relations outside of marriage (as someone in the comments tried to insinuate), rather, I'm merely trying to find out the punishment a Jew would face in such a situation, since it seems the punishment for a Gentile is different to a Jew's.

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  • You mean, if he is killed then we must consider this to be adultery, in which case she must also be killed? – The GRAPKE Jan 27 at 22:04
  • The Jew wouldn't be killed. According to Issurei Biah 12:2, it's not considered adultery, since it's a gentile. Anyways, I seem to have found the answer. – Yosef Jan 28 at 7:40
  • It's "adultery" for a married Jewish woman to be with any man other than her husband -- Jewish or not. – Shalom Jan 28 at 14:17
  • @Yosef Yes but then it's tarti de'sasri. If it is adultery, they should both be killed, and if it is not adultery, then neither should be killed. – The GRAPKE Jan 28 at 21:34
  • @TheGRAPKE | According to this link judaism.stackexchange.com/questions/106165/… Gentiles are "not part of the definition of adultery" and therefore the Jew would face lashes, whilst the Gentile, according to the RAMBAM, would be killed. – Yosef Jan 29 at 15:34
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I seem to have found the answer to my own question. In Issurei Biah 12:2, RAMBAM says:

The Scriptural prohibition applies only to marital relations. When, by contrast, one engages in relations with a gentile woman with a licentious intent, he is given "stripes for rebellious conduct" according to Rabbinic Law. [This is a] decree, lest this lead to marriage.

The Jew is given stripes rather than being executed, since it is not considered adultery when engaged in relations with a Gentile.

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  • I do not think this is the right reference. The Rambam is talking about the stand-alone prohibition of relations with a gentile woman, not the prohibition of a Jewish woman and infidelity. With a Jewish man that would anyhow not apply, as his prohibition is only from the woman's side, if he would have relations with a married Jewish woman. His own marital status is irrelevant, as Jewish men can theoretically have more than one wife. – MichoelR Jan 31 at 19:07

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