Saturday, December 22, 2018

halacha - Intermarriage - contradiction in punishment according to Rambam?


In Sefer Hamitzvos, negative commandment 52 about marrying non-Jews, the Rambam says



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.


[...]


If, however, nobody knows of the act, or he separated from her before the zealous could kill him, his punishment is kares.



From here it seems the Rambam holds that marrying a non-Jew punishable by kares. But in the Mishneh Torah, Issurei Biah 12 he says



When a Jew engages in relations with a woman from other nations, [taking her] as his wife or a Jewess engages in relations with a non-Jew as his wife, they are punished by lashes, according to Scriptural Law.




This seems to clearly say it's punishable by lashes.


How can these two statements be reconciled?




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