- ✍️ Telling a child to transgress a prohibition:[1]
It is [Biblically[2]] forbidden for any person to instruct any child to eat non-Kosher food [or transgress Shabbos[3] or any other prohibition[4]], even if the child is completely below the age of understanding, [such as a mere one-day old infant]. It is [Rabbinically[5]] forbidden to even ask a child to transgress a Rabbinical prohibition, with exception to the cases to be explained in Halacha C-G.[6] [It is even prohibited to hint to a child regarding this matter, such as by phrasing one’s words in a way that the child will understand that he should do some transgression.[7] Furthermore, even indirect instruction—such as telling the child, “There is no prohibition for you to do such-and-such,” or similar language intended to prompt the action—is forbidden.[8]] *See from the Rav’s Desk at the end of this Halacha for a full analysis on this subject!
Pesik Reishei – Asking a Child to Perform an Act That Inevitably Results in a Prohibition:[9] With regard to asking a child to perform an action that will result in a prohibited outcome by way of p’sik reisha (an inevitable consequence), the Poskim are divided. Some Poskim rule that it is forbidden to instruct a child to perform an act when a prohibition will inevitably occur as a result, even if the prohibited act is indirect. Other Poskim maintain that such an instruction is permitted, since the child is not being asked to perform the prohibition itself [as we rule by Amira Lenachri]. Practically speaking, the prevailing approach is to be stringent and refrain from doing so. However, in a case where the child has no awareness whatsoever that any prohibited action will result from what he is being told to do, and his conduct is thus comparable to mis’asek, there is greater room to be lenient.
Examples of “Lesafos Lo Issur” — Actively Causing a Jewish Child to Transgress
- 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.
- 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.
[1] 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.”; Admur 343:7 “And all this applies when one feeds a prohibited item to an infant for our own needs; likewise, if one tells him to do for us some act that is prohibited even if only by rabbinic law.”; Rashbatz in Piskeiy Nida ; Kisei Eliyahu 343:2; Kaf Hachaim 343:6; Piskeiy Teshuvos 343:4; 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; Toras Hakatan 18
[2] 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.”; Piskeiy Teshvuos 343:2; 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; Toras Hakatan 18:1]
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 [and in 343:6], 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 consistently 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. Vetzarcuh Iyun! See Kovetz Iyunim Tiferes Shimshon 3 p. 150
[3] 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
Instructing a child before Shabbat to perform a transgression on Shabbos: One may not direct a child, even prior to Shabbat, to carry out an act on Shabbat that constitutes a transgression. [Biur Halacha 266:6; Piskeiy Teshuvos 343:3]
[4] Mishneh Berura 343:4; Rishonim and Poskim ibid
[5] Piskeiy Teshuvos 343:3
[6] Admur 343:7-8
[7] Implication of Poskim that doing so is within the realm of Lesafos Lo Issur; Sefer Shevisaso Shel Katan 2:3; Piskeiy Teshuvos 343:4
[8] Rashbatz in Piskeiy Nida ; Kisei Eliyahu 343:2; Kaf Hachaim 343:6; Piskeiy Teshuvos 343:4
[9] See Pnei Meivin 198; Beis Yitzchak 44; Chelkas Yoav 1; Maor Hashabbos 4:13; Chut Shani 4:95; Teshuvos Vehanahgos 1:230; 3:82; Orchos Rabbeinu 1:144; Piskeiy Teshuvos 343:4 footnotes 64-66