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I am an Italian noahide.

As is known, the Torah prohibits marriage between Jews and Gentiles, and in general sexual intercourses between them. There is, except for my mistake, the exception concerning the first sexual intercourse between a Jew and a "yefat toar" (see Devarim 21 : 11-14).

In this regard Rambam states, in Mishneh Torah-Melachim uMilchamot 8:3

"This license is permitted whether the woman is a virgin or not, even if she is married, for the gentiles' marriages are not recognized."

The reference to the lawfulness of this intercourse even if the Gentile woman is married, "for the gentiles' marriages are not recognized", has left me rather perplexed, as we read in Devarim 22:22:

“If a man is found lying with a married woman, even both of them shall die the man lying with the woman and the woman. So shall you clear away the evil from Israel.”

In this passage we read "married woman", not "married Jewish woman".

I therefore ask myself: but if Rambam's statement is correct, without prejudice to the general prohibition of sex between Jews and Gentiles, does a sexual intercourse between a Jewish man and a Gentile woman married to a Gentile man not constitute adultery according to Halakhah? And if it is not adultery, how can this exegesis be reconciled with Devarim 22:22, which precisely speaks of "married woman" and not of "married Jewish woman?"

Amos74
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  • Isn't your question answered by your sources? If the text refers to a "married woman" but a non-Jew's marriage is not recognized as a valid marriage, then how can 22:22 be talking about anyone but a woman whose marriage is recognized, i.e. a Jewish woman? Also, you haven't said if the Jewish man is married. – rosends Dec 26 '19 at 23:58
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    Later on in Melachim uMilchamot (9:5), the Rambam says non-Jewish marriage is in fact valid, and his seemingly contrary statement in chapter 8 is not meant literally (see Lechem Mishneh, ad loc.). Rather, the Rambam in chapter 8 means that the status of non-Jewish marriage is in a different halachic category that can be superseded in the case of y'fas to'ar (aside from y'fas to'ar, relations between a Jewish man and a married non-Jewish woman are biblically prohibited). – Fred Dec 27 '19 at 03:26
  • Possible duplicate? https://judaism.stackexchange.com/q/106165/ – DonielF Dec 27 '19 at 04:00
  • Yes because in the yefat toar its precised that it's possible despite that she's married – kouty Dec 27 '19 at 05:49
  • @rosends For the configuration of adultery it is irrelevant, on the halachic level, whether the man involved is married or not, as it is relevant only the status of the woman, who must be another man's wife or arusah – Amos74 Dec 27 '19 at 12:25
  • @amos so if a Jewish man sleeps with a married Jewish woman he has committed adultery whether or not he is married? – rosends Dec 27 '19 at 13:05
  • @rosends exactly – Amos74 Dec 27 '19 at 13:16
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    Sometimes it is best to answer a question by another question. Notice that the Biblical event mentioned there (Joseph's reaction to the advances of his Gentile master's Gentile wife) would have made little logical sense if Jews would indeed have been allowed to engage in such activities. –  Jan 01 '20 at 04:34

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