Can Beis Din enforce a child to honor or fear his parents:[1]
Despite the above obligation to honor [and fear] one’s parents, a Jewish court of law cannot [even slightly[2]] enforce the children to honor their father [or mother].[3] [Some Poskim[4], however, rule that a Jewish court of law may slightly force the children to honor their parents, although may not do so to the point that the child may die as a result.[5] Some Poskim[6] rule the above lack of ability to enforce the child only applies regarding matters of respect of his parents, however if the child is shaming his parents then a Jewish court of law may force the child to stop doing so.]
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[1] Rama 240:1 “Despite the above obligation to honor [and fear] one’s parents, a Jewish court of law cannot enforce the children to honor their father [or mother], as it is a positive command which contains reward for its fulfillment, of which the rule is that a Jewish court of law cannot enforce laws of such nature.”; Beis Yosef 240 p. 592; Tur C.M. 107; Chulin 110b; Tosafus Kesubos 86a; Rosh Kesubos 9:14; Ritva Kesubos 49b; Meiri Chulin 110b; Ravayah 915; Rabbeinu Yerucham Toldos Adam Vechava Nesiv 1 4:15; See Taz 240:1; Encyclopedia Talmudit Erech Kibud Av Vaeim Vol. 26 p. 373
Opinion of Yerushalmi: The Yerushalmi rules that one can force a person to fulfill even a positive command that contains reward by its side. [Yerushalmi Bava Basra end of Chapter 5 and Kiddushin 1:6; Brought in Taz 240:1; Rama C.M. 97:16; Beis Yosef C.M. 97 p. 255; Teshuvos Hameyuchasos Leramban 88; Yerushalmi Bava Basra end of Chapter 5; Chinuch Mitzvah 33; See Encyclopedia Talmudit Erech Kibud Av Vaeim Vol. 26 p. 373 footnote 41-42]
[2] Implication of Rama ibid; Smeh C.M. 107:2, brought [and negated] in Taz 240:1 and Gilyon Maharsha Y.D. 240:1; Beis Yosef Y.D. 248 that we do not rule like Ritzba in Tosafus Bava Basra 8a.
[3] The reason: As it is a positive command which contains reward for its fulfillment, of which the rule is that a Jewish court of law cannot enforce laws of such nature. [Rama ibid; Poskim ibid; Rav Mari in Chulin ibid] The Gemara there explains as follows: There was once an individual who was not honoring his father and was brought before Rabbi Chisda who in turn tied him up and was about to lash him, as is the rule that one can force someone to fulfill a positive command until he dies [see Kesubos 86a-b]. Rav Mari happened to pass by at that moment and he told Rav Chisda to release the man as we have learned that any positive command which has reward written by its side, a Jewish court of law cannot enforce it. [Chulin ibid]
[4] Taz 240:1; Tosafus Bava Basra 8b in name of Ritzba; Mordechai Bava Basra Remez 480; Beir Heiytiv 240:1; Yerushalmi Bava Basra end of Chapter 5 and Kiddushin 1:6; So rules regarding returning a Mashkon: Rama C.M. 97:16; Beis Yosef C.M. 97 p. 255; Teshuvos Hameyuchasos Leramban 88; Mordechai Kesubos Remez 159, Bava Basra Remez 480; Yerushalmi Bava Basra end of Chapter 5 [The Taz ibid explains that the same applies here by the Mitzvah of Kibud Av. However, the Smeh C.M. 107:2 rules that this exception only applies by a Mashkon, and does not apply to the laws of Kibud Av]
[5] The reason: As the intent of the rule that a Jewish court law does not enforce a positive command which has a reward by its side is not that they are not allowed to enforce it but that they are not required to enforce it, and in truth if they choose to enforce it than they may. [Taz ibid; Rama C.M. 97:16; Beis Yosef C.M. 97 p. 255; Teshuvos Hameyuchasos Leramban 88; Yerushalmi Bava Basra end of Chapter 5] Alternatively, as the intent of the statement is that a Jewish court of law cannot enforce the fulfillment of a positive command which has a reward by its side, to the point of death of the transgressor. However, they may slightly punish the individual to force him to fulfill the command. [Taz ibid]
[6] Mishneh Lemelech Malveh Veloveh 4:5, brought in Gilyon Maharsha Y.D. 240:1; Meiri ibid; Tosafus and Rosh in Kesubos ibid; See Lev Aryeh Chulin ibid; Avnei Nezer Y.D. 171; Encyclopedia Talmudit Erech Kibud Av Vaeim Vol. 26 p. 373
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