⚖️Daily Halacha: Lesafos Issur Beyadayaim – Assisting a child in transgressing a prohibition

Lesafos Issur Beyadayaim – Assisting a child in transgressing a prohibition:[1]

 

Introduction:

The mitzvah of chinuch—educating a child to observe Torah and mitzvot and reprimanding a child who transgresses a prohibition—is, in general, a Rabbinic obligation only upon the child’s father, and only after the child has reached the a1ge of Chinuch. The sole Biblical obligation of education rests upon a father to teach Torah to his son. All other aspects of chinuch, including training a child to observe mitzvot and refrain from prohibitions, are Rabbinically mandated. Nevertheless, there exists one notable exception in which the Torah itself imposes a Biblical prohibition with regard to a child’s transgression. This prohibition is known as “Lesafos Lo Issur”—the prohibition against actively feeding or causing a child to transgress an issur. In this case, the Torah explicitly forbids an adult from actively causing a child to violate a prohibition, such as feeding the child forbidden food or directly instructing the child to perform a forbidden act. Unlike the general laws of chinuch, this prohibition is Biblical in nature and applies not only to the father, but to every Jew, without distinction, and applies to a child of any age. The parameters, scope, and practical applications of this Biblical prohibition—and how it differs from the general Rabbinic obligation of chinuch—will be explained at length in this Halacha.

 

 

  1. The general rule:[2]

It is Biblically[3] prohibited for any[4] individual [including his mother[5]] to actively feed a child with his hands a [Biblically] forbidden matter.[6] This applies even if the child is completely below the age of comprehension, [including even a one-day old child].[7] Furthermore, it is forbidden to even give the child food which contains merely a Rabbinical prohibition [as will be explained in D]. [This Biblical prohibition applies not only to prohibited foods but to all other prohibitions as well.[8]] It is thus forbidden to accustom[9] the child to transgress Shabbos or Holidays even regarding Rabbinical matters. See the Addendum Sicha for Parshas Emor published at the end of this Chapter for a full treatise on this subject!

 

  1. Telling a child to transgress a prohibition:[10]

It is [Biblically[11]] forbidden for any person to tell any child to eat non-Kosher food [or transgress Shabbos[12] or any other prohibition[13]], even if the child is completely below the age of understanding, [such as a mere one-day old infant]. It is forbidden to even ask a child to transgress a Rabbinical prohibition, with exception to the cases to be explained.[14]

Examples of “Lesafos Lo Issur” — Actively Causing a Jewish Child to Transgress

  1. Feeding forbidden food

An adult may not place non-kosher food directly into a child’s mouth or feed it to the child with a spoon, even if the child is an infant who has no awareness whatsoever. This applies equally to Biblical prohibitions (e.g., pork or milk and meat together) and Rabbinic prohibitions (e.g., food cooked by a non-Jew where prohibited). It is forbidden for an adult to give a child forbidden food to eat on their own, even if the adult does not literally feed the child. Handing the food to the child constitutes “actively causing” the transgression and falls under the Biblical prohibition of lesafos lo issur.

  • Reuven has a young nephew named Daniel, the son of his brother Shimon. Shimon and his family are not observant, and Daniel regularly eats non‑kosher food in his parents’ home. One day, Daniel, who is only three years old, visits Reuven. During the visit, Reuven is holding a sandwich containing cheese with meat. Even though Daniel is accustomed to eating such food and has no understanding of mitzvot, it is strictly prohibited for Reuven to place the sandwich into Daniel’s mouth or to feed him with his own hands, whether directly or with a spoon. It is even forbidden for him to make the sandwich available for him. This prohibition applies despite the fact that Daniel is not frum, is below the age of comprehension, and would otherwise eat this food on his own. Feeding him constitutes lesafos lo issur—actively causing a child to transgress—which is Biblically forbidden.
  • Example: A kindergarten teacher named Rivkah works in a Jewish kindergarten that includes children from non‑religious homes. Some of the children come to school with non‑kosher sandwiches, and others come without any food. Even though the children and their families are not observant and the children regularly eat such food at home, it is Biblically forbidden for Rivkah to provide a non‑kosher sandwich to a child or to instruct the child to eat it. Likewise, she may not take a sandwich containing a prohibited mixture (such as meat and milk together) and place it before the child with the intention that the child eat it. Doing so constitutes lesafos lo issur—actively causing a child to transgress—which is prohibited regardless of the child’s age, level of understanding, or religious background.

 

  1. Asking a child to violate Shabbos

An adult may not ask a child—regardless of age—to perform a melachah on Shabbos, such as turning on a light, carrying in a public domain, or extinguishing a flame. This applies even if the melachah is only Rabbinically prohibited and even if the child is far below the age of chinuch.

  • Example: Levi is hosting his sister’s son, Avi, a nine‑year‑old child who is being raised in a non‑religious home and routinely turns lights on and off on Shabbos. One Friday night, Levi realizes that the light in his bedroom was accidentally left on and is disturbing his sleep. Even though Avi has no observance of Shabbos and is accustomed to performing such actions, it is Biblically forbidden for Levi to ask Avi to turn off the light. Telling the child to do so constitutes lesafos lo issur—actively causing a child to transgress Shabbos—and is prohibited even though Avi is not religious, is below the age of mitzvos, and would otherwise perform such actions on his own.
  • Example: Yaakov has a two‑year‑old son named Shlomo. On Shabbos night, Yaakov realizes that the light in the guests bedroom was mistakenly left on and is disturbing his sleep. Even though Shlomo is only two years old, and has no understanding of Shabbos or prohibited labor, it is Biblically forbidden for Yaakov or the guest to ask Shlomo to turn off the light. Instructing the child to do so constitutes lesafos lo issur—actively causing a child to transgress a prohibition—and is prohibited regardless of the child’s age or level of comprehension.

 

⚖️ Differences Between Chinuch and Lesafos Lo Issur

Category

Chinuch

Lesafos Lo Issur

Nature of Obligation

Primarily Rabbinic

Biblical (De’oraisa)

Primary Source

Rabbinic enactment of educating a child

Explicit Torah prohibition

Who Is Obligated

Generally the father

Every Jew (father, mother, relatives, guests, teachers, etc.)

Age of the Child

Applies only after the child reaches the age of chinuch

Applies to a child of any age, even a newborn

Type of Responsibility

To educate, train, and reprimand the child

To refrain from actively causing the child to sin

Focus

The child’s long‑term spiritual development

The adult’s actions toward the child

Applies When Child Has Understanding

Yes

Yes

Applies When Child Has No Understanding

No

Yes

Active Causing of a Sin

Not the primary issue

Central prohibition

Feeding Forbidden Food

Not the core concern

Biblically forbidden, even Rabbinic issurim

Telling a Child to Transgress

Outside the usual framework

Biblically forbidden

Customary Behavior of the Child

Relevant (education depends on readiness)

Irrelevant

Religious Background of the Child

Relevant

Irrelevant

Underlying Principle

Train the child to observe mitzvos

Do not become the cause of a sin

Violation Consequence

Failure of chinuch

Transgression of a Torah prohibition

 

 

Case

Child’s Age & Background

Adult’s Action

Type of Prohibition

Halachic Ruling

Reason

Feeding non‑kosher food directly

Infant / toddler, no understanding

Adult feeds child non‑kosher food with spoon or hand

Biblical or Rabbinic issur

Biblically forbidden

Actively causing a child to transgress (lesafos lo issur)

Handing forbidden food to child

Young child

Adult gives forbidden food for child to eat

Biblical or Rabbinic issur

Biblically forbidden

Giving the item is considered active causation

Non‑frum nephew eating non‑kosher

3‑year‑old, non‑observant home

Uncle feeds or provides meat‑and‑milk sandwich

Biblical issur

Biblically forbidden

Applies even if child is not frum or accustomed to the issur

Asking child to turn off light (non‑frum home)

9‑year‑old, not Shabbos‑observant

Adult asks child to turn off light on Shabbos

Biblical melachah

Biblically forbidden

Verbal instruction equals active causation

Asking one’s own child to turn off light

2‑year‑old, frum home

Father or guest asks child to turn off bedroom light

Biblical melachah

Biblically forbidden

Age and lack of understanding are irrelevant

Accustoming child to issur

Any young child

Encouraging repeated Shabbos violations

Rabbinic issur

Biblically forbidden

Causing habitual transgression is included in lesafos lo issur

Who the prohibition applies to

Any child

Father, mother, relative, guest

All prohibitions

Applies to all Jews

Unlike chinuch, this is not limited to the father

 

[1] See Admur 343:5-10; Kovetz Iyunim Tiferes Shimshon 3 p. 150

[2] Admur 343:5 “All of the above applies only with regard to the obligation to separate a child from a transgression. However, to actively feed a child a prohibited item with one’s own hands is Biblically forbidden for every person, even if the child is not at all capable of understanding, as it is stated: “Do not eat them”—which the Sages expounded to mean: “Do not feed them to minors.” This prohibition applies even to matters prohibited only by Rabbinic law. It is forbidden to feed a child such items even if the child needs them, and even if the child is ill, so long as there is no danger to life, just as it is forbidden to do so for an adult. Similarly, it is forbidden to accustom a child to desecration of Shabbat or Festivals, even through acts prohibited only due to shevut (Rabbinic prohibitions).”; Admur 266:10; Shut Rabbeinu 41; Michaber 343:1; Rambam Machalos Assuros 17:27; Yevamos 114a; Terumos Hadeshen 62; M”B 343:4 “As for forbidden food—everyone is prohibited from it, and if the infant eats it, the infant has no understanding at all. And this matter is prohibited by the Torah, for we derive it from what is written regarding creeping creatures: “You shall not eat them” (lo tochelum), and the verse is read thus, and the Sages received it as an exposition to mean: “You shall not feed them to minors.” And likewise regarding blood it is written: “Any soul among you shall not eat blood,” and the Sages received this as an exposition to mean: “Do not feed [blood] to minors.” And likewise regarding the impurity of priests it is written: “Say and you shall say,” and the Sages said: “Say”—to the adults, that they should say [it] to the minors. And behold, from these three commandments we learn for the entire Torah that with respect to all Torah prohibitions, it is forbidden to feed them [to minors] or to command them to transgress. Therefore it is forbidden to give a child any food that is forbidden, or to give it to him to play with, lest he come to eat it, for this is considered as though one feeds him directly by hand. [This is the ruling of the Magen Avraham], even [in such a case], etc., and [one may not avoid this] by saying [to do so] to a non‑Jew.”; Encyclopedia Talmudit ibid p. 194; Likkutei Sichos Vol. 7 Sicha 1

[3] Admur ibid; 262:10; Shut Rabbeinu 41 in end; Bach 343 and Taz 343 that so applies according to Tur; Rashba Shabbos 153, brought in Tehila Ledavid 343:7; Achiezer 3:1 in name of Noda Beyehuda; M”B ibid; Kaf Hachaim 343:19; Likkutei Sichos Vol. 7 Sicha 1

Other opinions: Some Poskim rule that the prohibition to cause a child to eat non-Kosher food is merely Rabbinical. [P”M 343 M”Z 2 in opinion of Tur and possibly Rambam]

[4] Admur ibid; Shut Rabbeinu 41 “However, to feed a minor a prohibition directly is forbidden according to all opinions—not because of chinuch, but rather because it is written “You shall not eat them,” which is expounded as “You shall not feed them,” as stated in the chapter Cheresh. For the obligation of chinuch is not imposed upon the father alone, as the Rambam writes—see Orach Chaim, siman 343.”; Levush 343:1; See Yevamos ibid; Rashi Yevamos 90a

[5] See Admur 616:4; 640:4

[6] The source: This is learned from the verse regarding creeping creatures [Vayikra 11:42] “Do not feed them” which the Sages learned to mean that one may not feed a prohibited food to Ketanim, Lehazhir Gedolim Al Haketanim. [Admur ibid; Yevamos 112a] And likewise regarding blood it is written: “Any soul among you shall not eat blood,” and the Sages received this as an exposition to mean: “Do not feed [blood] to minors.” And likewise regarding the impurity of priests it is written: “Say and you shall say,” and the Sages said: “Say”—to the adults, that they should say [it] to the minors. And behold, from these three commandments we learn for the entire Torah that with respect to all Torah prohibitions, it is forbidden to feed them [to minors] or to command them to transgress. [M”B ibid; Yevamos ibid] See also Toras Kohanim end of Shemini; and beginning of Parshas Emor; See Likkutei Sichos ibid that every Jew—regardless of age—possesses the same essential G‑dly soul. From the perspective of the soul’s essence, there is no difference between a newborn child and an adult; all share an equal and identical level of essential G‑dliness. Differences between individuals exist only in the revelation and expression of the soul’s faculties, such as intellect and emotion, which are far more developed in adults than in children. This distinction is comparable to physical life‑force: the same life energy animates all bodies equally, regardless of size, while other faculties vary. Accordingly, the true difference between Jews lies only in external soul faculties, not in the soul’s essence. This principle explains why the Torah holds adults responsible not to cause a child to transgress—since, at their core, a child and an adult share the same essential sanctity. [Likkutei Sichos ibid] Alternatively, the reason for this prohibition is because the child may become used to performing the prohibition even when an adult. [Terumos Hadeshen 62; See Chasam Sofer O.C. 83; Achiezer 3:81]

[7] Admur ibid and 266:10; M”A 343:2; Kaf Hachaim 343:19; Likkutei Sichos Vol. 7 Sicha 1; See Encyclopedia Talmudit ibid footnote 509; See M”B  343 Shaareiy Tziyon 6

[8] Implication of Admur ibid “To provide a child a prohibited item with one’s own hands is Biblically forbidden” which implies that it includes all Issurim and not just non-kosher food; Implication of Shut Admur 41; Implication of Yevamos ibid as learn many Rishonim, Achronim, and Rebbe in Likkutei Sichos; Rashba Shabbos 153, brought in Tehila Ledavid 343:7; Ramban Vayikra 21:1; Mishneh Berurah 343:4 and Shaar Hatziyon 434:12 as is learned from the Gedolei Harishonim on Talmud [Yevamos 112] which brings three verses which teach that it is forbidden for a Gadol to help a child transgress “And behold, from these three commandments we learn for the entire Torah that with respect to all Torah prohibitions, it is forbidden to feed them [to minors] or to command them to transgress.”; Encyclopedia Talmudit ibid footnote 506; Rebbe in Likkutei Sichos Vol. 7 Sicha 1 “And only from the combination of all three of these matters do we learn, by means of the common denominator, that in all prohibitions the adults are warned with regard to the minors.”

Other opinions: Some Poskim rule that by prohibitions other than non-Kosher foods, the prohibition to cause a child to sin is merely Rabbinical. [Levush 343:1; P”M 343 M”Z 1; Pesicha Koleles 2:9 in opinion of Tur; Encyclopedia Talmudit ibid footnote 508]

Opinion of Admur: Admur does not explicitly write that the above prohibition of feeding a child an Issur extends to all other prohibitions in the Torah, although it is implied from his beginning wording which states “To provide a child a prohibited item with one’s own hands is Biblically forbidden” which implies that it includes all Issurim and not just non-kosher food. The same is implied from Shut Rabbeinu ibid

[9] This is going on Rabbinical matters of which there are opinions which rule one may have a child transgress them on an occasional basis. [Admur 343:6] However a biblical prohibition is always forbidden to ask a child to perform. [Admur 265:10] The Mishneh Berura 343:6 explains an example of this to mean to ask a child to carry a key in a public domain on Shabbos.

[10] Admur 343:5 “It is forbidden for any Jew to instruct a non‑Jew to feed the child prohibited items, since instructing a non‑Jew (amira lenochri) is forbidden with regard to all Torah prohibitions—and certainly one may not instruct the child himself to do so.”; So rule regarding even Amirah Lenachri, and certainly this would apply even more so to instructing the child directly: M”A 343:2; Rashi Yevamos 114a; Rabbeinu Yerucham Nesiv 1 p. 13; Rashba Shabbos 153; Ran Shabbos 153; Tehila Ledavid 343:7; P”M 343 M”Z 1; Mishneh Berura 343:4; See Piskeiy Teshuvos 343:3; Kovetz Iyunim Tiferes Shimshon 3 p. 150

[11] Rashba Shabbos 153; Ran Shabbos 153; Shiltei Giborim Tehila Ledavid 343:7; P”M ibid; M”B 343:4 “And this matter is prohibited by the Torah…And behold, from these three commandments we learn for the entire Torah that with respect to all Torah prohibitions, it is forbidden to feed them [to minors] or to command them to transgress.”; See Kovetz Iyunim Tiferes Shimshon 3 p. 150

Other opinions: Some Poskim rule that this prohibition is only Rabbinical. [Mishneh Lemelech in name of Rashba, brought and negated in Tehila Ledavid ibid]

Opinion of Admur: It is not clear from Admur whether the prohibition he mentions against instructing a child to perform a prohibited act is biblical or rabbinic. On the one hand, Admur discusses this prohibition toward the end of the halakhah in the context of Amirah Lenachri, which suggests that instructing a child may itself be only rabbinically prohibited. This would imply that the biblical prohibition applies specifically to actively feeding a child a forbidden substance. This reading is further supported by siman 265:10, where Admur does not indicate that a biblical prohibition is involved in simply telling a child to carry a wallet or money from place to place and refers constantly to a case in which the wallet was placed onto the child. This approach appears to follow those authorities who maintain that instructing a child is prohibited only on a rabbinic level, whereas the biblical prohibition is limited to directly causing the child to consume or perform the prohibited matter. Vetzaruch Iyun! See Kovetz Iyunim Tiferes Shimshon 3 p. 150

[12] Admur 265:10; Rishonim ibid; Poskim ibid; In Admur 343:5 the Halacha is referring to telling a child to eat non-Kosher. The Ketzos Hashulchan 147:3 adds that this includes telling a child to desecrate Shabbos. This is explicitly stated by Admur in 265:10; VeTzaruch Iyun based on this from 328:13 that implies that asking a child to transgress Shabbos in a case of danger is better than having an adult do it, hence implying there is no Biblical prohibition involved in asking him! A. Perhaps one can say that the Issur in asking a child is not in having him do the transgression but in asking him to do something which he is not allowed to do. However, in a case of danger since even a Jew may do so, asking the child is not forbidden at all, and hence there is no prohibition at all taking place, as the child is not commanded in Mitzvos and the adult was allowed to ask him. If, however, an adult transgresses, then although it is allowed and a Mitzvah, it is merely Dechuyah and is like the mashal of an amputation. Hence the advantage of asking a child is that it goes from dechuyah or Hutrah

[13] Mishneh Berura 343:4; Rishonim and Poskim ibid

[14] Admur 343:8

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