Wednesday, June 29, 2022

Stop in the name of the law TB Yevamot 114

Even though a minor is exempt from observing the commandments because is legally not competent, parents have the obligation to teach him/her to observe faithfully the mitzvot. The child’s education will be the bridge that will allow a smooth transition from being a minor and exempt from observing the commandments to a bar/bat mitzvah.

Today’s daf TB Yevamot 114 raises a very interesting question. When a nonfamily member sees a minor violating a mitzvah, should he intervene and stop the child? “A minor who eats meat from unslaughtered animals or violates other prohibitions, the court is not commanded to prevent him from doing so. -קָטָן אוֹכֵל נְבֵלוֹת אֵין בֵּית דִּין מְצֻוִּוין לְהַפְרִישׁוֹ” (Sefaria.org translation) Or do we say the court is commanded to prevent them from doing so. Here the court means any nonfamily member.

The Gemara brings case after case trying to see whether an adult is commanded to prevent a minor violating a mitzvah. There is agreement that the person doesn’t have to intervene if the child is violating a rabbinic prohibition and is not doing the prohibition on behalf of the adult. The Gemara never comes to a consensus what should an adult to if he sees a child violating a Torah prohibition.

Because of this lack of consensus, Rishonim have different opinions on the proper procedure. The Rashba permits a person to feed something that is forbidden by the rabbis (דברי סופרים) to a young child. Isaiah di Trani ben Mali (the Elder) (c. 1180 – c. 1250) and others hold that there is no distinction between a court and a parent. Neither have been command to prevent the child from transgressing a commandment. Rambam and others hold that a father is obligated to prevent the child from violating commandment because he is commanded to educate his child. Although preventing a child from violating a mitzvah isn’t derived from the Torah (דאורייתא), many Rishonim hold that the source is a rabbinic institution (דברי סופרים) so that the child will not become used to violating the law and cling to the prohibition when he becomes of age. (Isaiah di Trani ben Mali and the Rashba)

 

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