Children and Issurim

May one instruct a child to violate the Shabbos?

The possuk says ìà úòùä ëì îìàëä àúä åáðê åáúê (Sh’mos 20:10) and Rashi explains that this possuk teaches that adults must ensure that children (under bar mitzvah age) adhere to the laws of Shabbos.

Does this mean that all adults must prevent children other than their own from violating Shabbos?

There is a difference between prevention - chinuch (teaching) and handing an issur or instructing to perform an issur. We will be”H define each category.

Handing a child an issur d’oraisso

The possuk refers to instructing the performance of an issur or handing a child an issur. Although the possuk says your son and daughter, the halacha does not make a distinction and it is ossur for all people to hand an issur to a child.

We likewise find in the Rambam [1] that one may not give a child a non-kosher item, even if the child has no understanding. [2] This offence is of biblical nature. [3]

Consequently, instructing a child to turn on a light, cook food and sort items (borer) is ossur mid’oraisso and is surely not something lightly treated. [4]

Handing a child an issur d’rabanan

The Rambam writes that one may not hand a child an issur even if it is only ossur mid’rabanan and one may not “get the child accustomed to” violating Shabbos even with issurei d’rabanan. The Mishna Berura says [5] for example that one may not instruct a child to carry a key through a carmelis, even though it is only a reshus harabim d’rabanan.

On a side issue – handing a child a non-kosher item of rabbinic nature cannot be an issur d’oraisso because biblically the item is not ossur. Yet the poskim discuss the issue of ìôðé òååø, placing an obstacle before another person, where the issur is the obstacle. It is possible that causing someone to violate an issur d’rabanan is an issur d’oraisso of ìôðé òååø, because an issur d’rabanan is also an obstacle. [6] 

A child acting on behalf of an adult

When a child is about to violate an issur on behalf of or for an adult, the adult must prevent the child from doing so.

For example, a child sees his father trying to read a sefer in the dark and walks towards the light switch to turn it on. The father is obligated mid’oraisso to prevent him from turning on the light. [7]

When a child is about to violate an issur d’oraisso for an adult other than his parent, that adult is rabbinically obligated to prevent the child from doing so. [8] We now see that the possukìà úòùä ëì îìàëä àúä åáðê åáúê  also refers to a child acting on behalf of a parent, even though the parent did not assign the child the issur or instruct him to violate it.

Preventing a child performing an issur

The Shulchan Aruch writes [9] that beis din (rabbinical court) is not obligated to prevent children from performing an issur, even an issur d’oraisso. In this case beis din refers to every Jewish adult, i.e. if one sees a Jewish child chas v’shalom eating a cheeseburger one need not grab it from the child and prevent the consummation thereof.

The Rama, however says that there are opinions (Tosefos) who rule that adults are obligated to prevent children (that have reached chinuch age) from violating an issur (even children other than their own).

The Mishna Berura cites the Chayei Adam as presenting the following compromise: if a child is violating an issur d’oraisso all adults must prevent the child from violating an issur. If the child is violating an issur d’rabanan, only the parent must prevent the violation.

Test yourself:

• You are walking in the street on Shabbos and you see an eight year boy old pulling leaves from a tree. Must you say something?
• You see a gentile handing non-kosher gum to a child, are you permitted to remain silent?
• You see a child carrying a tissue in a carmelis, are you supposed to say anything? [10]

Chinuch

The halacha differentiates between the age of chinuch and basic understanding. Chinuch with regards to performing mitzvos such as tzitzis, sukkah, lulav etc. is according to each child and his understanding. It is hard to determine the correct age for each mitzvah and each parent should evaluate their child’s comprehension. [11]

The mitzvah of chinuch is on the father and some say the mother. [12]

As for issurim we mentioned two opinions, one opinion holds that prevention (which derives from chinuch) is only on the parents and others hold that everybody is obligated thereto. This age is different than chinuch age and when a child understands what forbidden means, he must be prevented from violating an issur. For example, a baby/child enjoys turning a light on and off. If when told that it is forbidden he/she ceases, then one must educate not to turn it on. Obviously reasoning in this case is not the issue; it is merely an act of prevention. If the child does not understand even that, prevention is not mandatory.