8A. The prohibition in assisting a child in transgressing a prohibition

  1. Assisting a child in transgressing a prohibition:[1]

Throughout this chapter, we have emphasized that 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. 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 “Lesapos 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. 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 food.[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 restriction 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!

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[1] See Admur 343:5-10

[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).”; 266:10; Michaber 343:1; Rambam Machalos Assuros 17:27; Yevamos 114a; Terumos Hadeshen 62; Encyclopedia Talmudit ibid p. 194; Likkutei Sichos Vol. 7 Sicha 1

[3] Admur ibid; 262:10; Shut Rabbeinu 41 in end; Kaf Hachaim 343:19; Likkutei Sichos Vol. 7 Sicha 1

[4] Admur ibid; 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 [Vayikra 11:42] “Do not feed them” which h the Sages learned to mean that one may not feed a prohibited food to Ketanim, Lehazhir Gedolim Al Haketanim. [Yevamos 112a] 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] Ramban Vayikra 21:1; Mishneh Berurah 343:4 as is learned from the Talmud [Yevamos 112] which brings three verses which teach that it is forbidden for a Gadol to help a child transgress; Encyclopedia Talmudit ibid footnote 506; Rebbe in Likkutei Sichos Vol. 7 Sicha 1

Other opinions: Some Poskim rule that by prohibitions other than non-Koshe 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]

[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.

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