The Mitzvah of Hocheiach Tochiach Es Amisecha:[1]
As stated above, a fatherâs obligation of chinuch applies only until bar mitzvah; once the child becomes personally obligated in mitzvot, that rabbinic duty ends. However, this does not mean that the father suddenly becomes absolved from any responsibility of his childrenâs actions. On the contrary, from that point on, the father (and mother, like all Jews) is obligated under the biblical mitzvah of tochachah to protest wrongdoing when appropriate. Thus, far from being exempt, parentsâwho observe their childrenâs behavior more closely than anyone elseâare in fact among those most responsible and best positioned to fulfill this mitzvah. Thus, the Sages state that one who has the ability to protest the wrongdoing of members of his household and fails to do so is held responsible for their sins.[2] Nevertheless, in contrast to the Mitzvah of Chinuch, the mitzvah of tochachah applies only when the person being rebuked is halachically capable of responsibility and potentially receptive to correction. Where the individual will certainly not listen, the obligation to rebuke no longer applies, and one is not commanded to continue reprimanding him.[3]
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Father must give constant supervision to children:[4] The father is to take constant supervision over the actions of his wife and children making sure that they are following the correct path of Torah and Mitzvos. One who is lax in doing so is called a sinner.
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[1] See Admur 156:7 âOne who sees his friend sinning or following a path that is not good, it is a mitzvah to return him to the right path and to inform him that he is sinning against himself through his wicked actions, as it says (Vayikra 19:17), âYou shall surely rebuke your fellow.â If he does not accept [the rebuke], he must rebuke him again and again, even up to a hundred times, as it says, âYou shall surely rebuke. And one must rebuke only his friend, not anyone else as if the person will not listen to him, he is not obligated to rebuke him.â; Admur 608:5 âHowever, when the prohibition is explicitly stated in the Torah, even if it is known to us that this sinner will not accept the rebukeâeven if we inform him of the prohibitionânevertheless one is still required to protest and object to his actions. This is because all of Israel are guarantors for one another, and by protesting, one removes himself from that responsibility. Nevertheless, one should not rebuke him publicly more than once, and one should not repeatedly rebuke him in public, once it is clear he will not accept the rebuke. Regarding this the Sages said: âJust as it is a mitzvah to say something that will be heard, so too it is a mitzvah not to say something that will not be heard.â Nonetheless, one is obligated to rebuke him privately, even one hundred times, until the sinner rebukes him back and rejects the rebuke. Since the prohibition has been made known to him and he persists in transgressing it deliberately, every individual Jew is obligated to rebuke him, as it is stated: âYou shall surely rebukeââeven one hundred times. If the sin is committed in private, he should initially be rebuked in private; if he does not abandon his ways, one embarrasses him publicly until he repents. However, if the sin is committed openly and publicly, he is rebuked immediately, so that the Name of Heaven not be desecrated.â; Rama 608:2; Rambam Mishneh Torah Mada Hilchos Deios 6:7 âOne who sees his friend sinning or following a path that is not good, it is a mitzvah to return him to the right path and to inform him that he is sinning against himself through his wicked actions, as it says (Vayikra 19:17), âYou shall surely rebuke your fellow.â; MâB 343:7; Shabbos 54b; 55a; Shavuos 39a; Erechin 16b; Rambam Teshuvah 4:2; Semag Asei 11; Kedoshim 19:17; Hagahos Maimanis on Rambam ibid letter Gimel; Tanya Chapter 32; Encyclopedia Talmudit ibid p. 169; Piskeiy Teshuvos 343:1 footnote 17; See Toras Hakatan [Rubinovitch] Chapter 6:9-16
Background: The halachic discussion regarding until what age a father is obligated to educate his child refers specifically to the unique mitzvah of chinuch, which applies only so long as the child is below the age of bar mitzvah. Since the child is not yet independently obligated in Torah mitzvot, the Torah assigns the primary responsibility for his mitzvah observance to the father through the mitzvah of chinuch. Once, however, the child reaches bar mitzvah, the mitzvah of Chinuch naturally falls away, because the child now becomes personally obligated in all Torah prohibitions and commandments in his own right. At that point, the fatherâs role does not diminishârather, it changes category. From this stage onward, the father is no longer acting under the special framework of chinuch, but instead becomes subject to the broader, Torahâlevel obligation that applies to every Jew: namely, the mitzvah to rebuke and protest wrongdoing when witnessing another Jew transgressing a prohibition. This applies for all ages. This mitzvah, which takes effect once the sinner is of mitzvah age, is known as the mitzvah of tochachah. Accordingly, once a child reaches bar mitzvah, the father joins the general obligation incumbent upon all Jews to intervene when witnessing sin. Far from being exempt, parentsâwho observe their childrenâs behavior more closely than anyone elseâare in fact among those most responsible and best positioned to fulfill this mitzvah. In fact, this explains the Sagesâ teaching that one who has the ability to protest the wrongdoing of members of his household and fails to do so is held responsible for their sins. This liability does not stem from the mitzvah of chinuch, which no longer applies once a person reaches the age of mitzvot, but rather from the independent biblical obligation of tochachahâthe duty to rebuke and protest sin when one is able to do so. Thus, the termination of the mitzvah of chinuch at age thirteen does not mean that a parent may now ignore misconduct. On the contrary, the obligation is elevated: what was previously a rabbinic duty of training is now replaced by a biblical mandate of protest and moral correction, carrying significantly greater halachic weight.
The difference between the Mitzvah of Chinuch versus Tochacha that is upon the father: One may therefore justifiably ask: what, then, is the substantive difference between the mitzvah of chinuch and the mitzvah of tochachah, and why does the father recite the blessing of Baruch sheâpetarani once the child reaches bar mitzvah, if he nevertheless remains obligated to rebuke his child on a biblical level? The answer is that the mitzvah of tochachah applies only when the person being rebuked is halachically capable of responsibility and potentially receptive to correctionâthat is, when there is a reasonable expectation that the rebuke may lead him to change his behavior. Where the individual will certainly not listen, the obligation to rebuke no longer applies, and one is not commanded to continue reprimanding him. This limitation is inherent to the mitzvah of tochachah. This stands in sharp contrast to the mitzvah of chinuch. In the case of chinuch, a parent cannot excuse himself by claiming that the child âwill not listen.â Rather, so long as the child is below the age of mitzvot, the parent remains obligated to actively educate, guide, and, where necessary, enforce mitzvah observance, employing ageâappropriate methods to ensure compliance. Accordingly, when a child reaches bar mitzvah, the fatherâs obligation of chinuchâwhich is a unique, parental, and rabbinic dutyâcomes to an end, and the father therefore recites Baruch sheâpetarani. From that point forward, the fatherâs continued responsibility operates within the framework of tochachah, which is a general, biblical obligation shared with all Jews and subject to its own conditions and limitations.
[2] Shabbos 54b; MâB 225:7
[3] Admur 156:7
[4] Rambam Hilchos Sota, last Halacha