- Beis Din – Rabbinical Leaders of city:[1]
Even if a Beis Din sees a child under the age of Bar or Bas Mitzva[2] transgressing a prohibition they do not need to reprimand or stop[3] the child from doing so, if the child is doing so for his own benefit, such as eating Treif foods or desecrating Shabbos for his own needs [or is defiling himself to the dead if he is a Kohen[4]]. They are however required to reprimand the child if the child is transgressing a prohibition for the sake of another Jew or if the transgression will become public knowledge as will be explained later on.
[1] Admur 343:1 “A minor who transgresses the words of the Torah for his own enjoyment—for example, if he eats non‑kosher food or desecrates Shabbat for his own needs—the Beit Din is not commanded to separate him [from the transgression].”; Admur 301:21; 334:26; 362:17; Michaber 343:1 regarding eating Niveilos and Beis Yosef 343 that this includes all Issurim; 2nd opinion in Rama 343:1; Rama Y.D. 373:1; M”A 343:1; Tur 343; Rambam Machalos Assuros 17:27; Shabbos 12:7; Avel 3:12; Rebbe Padas Yevamos 114a; Sefer Hateruma 215; Semag L.S. 65; Rashba and Ritva Yevamos 114a; Hagahos Maimanis Shevisas Assur 2; Teshuvas Maharam Ben Baruch 200; Tosafus Nazir 29; Tosafus Yesheinim Yuma 82; Birkeiy Yosef 343:7; M”B 343:8; Kaf Hachaim 343:1 and 3 and 29; Encyclopedia Talmudit ibid p. 167 footnotes 76-82; 195 footnotes 512; See Toras Hakatan [Rubinovitch] Chapter 8:1-16; Chapter 29-30
Other Opinions: Some Poskim rule that if one sees a child who has reached the age of education transgressing a prohibition, then anyone who sees this, including and especially a Beis Din, must reprimand and stop the child. [1st opinion in Rama 343:1; M”A 640:3; Shach Y.D. 373:1; Elya Raba 640:4; P”M 640 A”A 4; Tosafus Nazir 28b; Gittin 55a; Shabbos 121a; Tosafus Yesheinim Yuma 82a in name of Yereim; Terumas Hadeshen 94; Tosafus Yisheinim Yuma 82a in name of Yireim; Rashba and Ritva on Yevamos 114a; Rashi Eruvin 96b; Chayeh Adam 66:3; See Kaf Hachaim 343:2 and 28; Encyclopedia Talmudit ibid p. 196 footnote 526] Some Poskim conclude based on this opinion that by a Biblical transgression one is to be stringent and reprimand a child which has reached the age of education even if the child is not his son. [Chayeh Adam ibid; Mishneh Berura 343:7] Other Poskim rule that if the father is not present, then even by Rabbinical prohibitions one is obligated to reprimand the child. [Kaf Hachaim 343:28] Some Poskim learn that by the three prohibitions of blood insects and impurity, not only is it forbidden for an adult to cause a child to transgress them, but furthermore if he sees a child transgressing them then he must reprimand the child, even if he is below the age of Chinuch. [Bach 343; Beis Yosef 343; Kaf Hachaim 343:3; See Likkutei Sichos Vol. 7 Sicha 1]
[2] Even if the child is over the age of Chinuch [Admur 343:1-2; 2nd opinion in Rama ibid]
[3] Here the wording of Admur is “separate” or stop while in the other two cases to be brought next he uses the term reprimand or protests, while in the next halacha regarding a father’s obligation the term “reprimand and stop” is used. vetzaruch Iyun on the difference.
[4] Setimas Admur and all Poskim ibid; Rama Y.D. 373:1; M”A 343:2; Kaf Hachaim 343:3 that so rule most Poskim and so is Setimas Hegemara
Other Opinions: Some Poskim learn that by the three prohibitions of blood insects and impurity, if one sees a child transgressing them then he must reprimand the child, even if he is below the age of Chinuch. [Bach 343; Beis Yosef 343; See Kaf Hachaim 343:3; Likkutei Sichos Vol. 7 Sicha 1]