Friday, August 24, 2007

Yevamos 114a - Chinuch

The gemara assumes that "ein beis din metzuvin l'hafrisho" from an issur d'rabonon, and questions whether they are chayev l'hafrisho from a d'oraysa. However, the gemara assumes (as pointed out by Tosafos Chad m'kamai, that one may not tell a child to do an issur, even if it is only d'rabonon. Similarly, if the father shows that he is happy with the child doing it, it is tantamount to telling the child to do it and is assur even by a d'rabonon. The gemara also implies that there is an issur d'oraysa to feed a child issur b'yadyim (as paskened in shulchan aruch o.c. 343).
Now, why does the gemara not address the inyan of chinuch since we are talking about the child going back to his taty from zeidy the am ha'aretz, yet there is not discussion about being mafrish him bec. of chinuch? Either we are speaking about a child who is too young for chinuch, and still if there would be a chiyuv to be mafrish a child from issur, it would apply even to a very young child. Or, chinuch is only by a positive mitzvah, not by a lo ta'aseh (see rashbah).
Also, assuming feeding a child issur is d'oraysa bec. we learn from dam, sheretz, and tum'ah to other places, is it also an issur d'oraysa to tell a child to eat it (or if he does it al da'as aviv - meaning his father indicates that he is happy that the child did it)?
My brother R' Aryeh wrote a long article on these issues - maybe we can solicit him to post a link in the comments.

2 comments:

Avi Lebowitz said...

1. The Nimukei Yosef is very clear that both when one tells a child to do an issur, and when the father shows him that he wants him to do it (before or while the child is doing the issur, to the exclusion of the father showing he is happy after it is already done - mashmaos of rashi), it is exactly the same as being ma'achil a child b'yadayim and is assur m'doraysa.
2. The Rashba brought in Nimukei Yosef suggests that the mitzvah of chinuch is only by mitzvah aseh but not to seperate the child from issur. The rationale behind this approach is that mitzvah aseh need training in order to learn how to do it, but lo ta'aseh don't need training since they are b'shev v'al ta'aseh.

Avi Lebowitz said...

Link to Article on Kashrus for Kids - BY: Rabbi Aryeh Lebowitz

http://www.freewebs.com/avilebo/Kashrus%20for%20kids.doc