Q&A: Why is a minor exempt from the commandments?
Why is a minor exempt from the commandments?
Question
Have a good week, Rabbi,
you previously said that every commandment has two layers: the command itself and the essence. Does a minor’s exemption from the commandments relate only to the layer of command, while on the level of essence he still belongs to it? Or is he unrelated on both levels? I thought maybe one could infer from the prohibition against directly causing a minor to transgress that the minor does belong on the level of essence, because otherwise why would there be any prohibition against causing him to do so at all?
Answer
The Pri Megadim writes this in his general introduction. And indeed, in the simple sense it seems that the essence does apply even to a minor, and only the command does not. Just as a woman fulfills positive time-bound commandments even though she is exempt, because the essence applies to her as well. More than that, I have written in the past that with commandments grounded in reason, a minor who understands them is even punished for them by Heaven. See, for example, the article here (search there for “mishap and disgrace”): https://mikyab.net/%D7%9B%D7%AA%D7%91%D7%99%D7%9D/%D7%9E%D7%90%D7%9E%D7%A8%D7%99%D7%9D/%D7%A1%D7%91%D7%A8%D7%95%D7%AA-%D7%AA%D7%95%D7%A8%D7%A0%D7%99%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%9E%D7%93%D7%9F-%D7%94%D7%94%D7%9C%D7%9B%D7%AA%D7%99/
Discussion on Answer
Of course. The medieval authorities already write that the prohibition against directly causing a minor to transgress does not depend on the age of education. The only exception is Terumat HaDeshen, but his words are puzzling, since the law of education is rabbinic. It seems that in his view, directly causing a minor to transgress is also a rabbinic prohibition.
By the way, above you asked about counting for an adult, so I’ll note that it seems there is also a law of education for an adult. Therefore, a minor who becomes an adult in the middle of counting the Omer can continue counting with a blessing even according to the view of Baal Halakhot Gedolot. I wrote this in one of the columns, as well as about someone who became an adult in the middle of Yom Kippur. Even as an adult he counts by virtue of the law of education. If I remember correctly, I mentioned there that people pointed out to me that Rabbi Ben-Zion Abba Shaul also wrote this. The rationale is that all the laws that apply to a minor also apply to an adult; only the reverse is not true. Just as the Talmud says regarding a gentile versus a Jew.
I mean in a situation where the minor is committing a prohibition without someone directly causing him to do it. Is it proper to stop him even in that situation?
Halakhically it is ruled that if a minor is eating forbidden carcasses, we are not commanded to stop him. Once he reaches the age of education, there are opinions that say yes (if there is education regarding prohibitions). But as a matter of principle, it is certainly reasonable that there is.
According to this, is it proper to stop a minor below the age of education from committing a prohibition?