2,187. Converting a Foundling

Hilchos Issurei Biah 15:26

If the court had a foundling immersed for purposes of conversion, or if he immersed himself upon reaching the age of majority, he is the same as any other asufi who was found in a Jewish city. If most of the city’s residents are non-Jews, one is permitted to feed him meat from animals that were not ritually slaughtered. If most of the residents were Jews, one is obligated to return his lost property as is the case with Jews. If the Jewish and non-Jewish populations are equal, it is a mitzvah to keep him alive and to remove a heap that falls on him on Shabbos. As far as damages, we follow the general rule that applies in all cases of doubt, i.e., the burden of proof is on the one who wants to collect money from another person.

Hilchos Issurei Biah 15:27

The Rambam opines that when there’s a non-Jewish woman or a servant woman in a city who is fit to give birth, with the result that an asufi found there is considered to possibly be non-Jewish or a servant, then if he marries a female convert, there is a doubt as to whether or not his wife is actually married. One who is intimate with her is not liable because we don’t execute in a case of doubt. The Rambam likewise opines that when a shetuki marries a woman who might be prohibited as a forbidden relation, there is a doubt as to whether or not his wife is actually married because betrothal isn’t effective between prohibited relations.