- The Biblical exemption of a Child from fulfilling Mitzvos:[1]
From a Biblical perspective, a child is exempt from the fulfillment of all Mitzvos, whether Biblical or Rabbinic, until he or she reaches the age of bar and bas mitzvah.[2] It is precisely for this reason that the sages established the mitzvah of Chinuch, as will be explained in the next Halacha.
Age of Mitzvos for Boy:[3] When a boy turns 13 years of age, he becomes obligated in Torah and Mitzvos.[4]
Age of Mitzvos for Girl:[5] When a girl turns 12 years of age she becomes Biblically obligated in Torah and Mitzvos.[6]
Signs of puberty:[7] Even after the age of 12 or 13, a boy and girl only becomes Biblically obligated in Torah and Mitzvos if he has grown two pubic hairs, otherwise he is only Rabbinically obligated in Torah and Mitzvos. Practically, once a boy reaches the age of 13 and a girl reaches the age of 12, we assume that he has grown two pubic hairs and is thus Biblically obligated in all Torah and Mitzvos. Nonetheless, regarding all matters that relate to him fulfilling an obligation on behalf of others we are stringent to suspect that perhaps he is yet to grow two hairs and is thus only Rabbinically obligated. Accordingly, he cannot fulfill the obligation for others if it involves a Biblical command, such as Kiddush on Friday night, blowing Shofar on the first night of Rosh Hashanah, although he may fulfill their obligations for Rabbinical commands. See “Lifecycles in Halacha Volume 5 – Bar Mitzvah” Chapter 1 Halacha 14 for the full details of the subject.
- For example, Ari Levi, who just turned thirteen, puts on tefillin every day and keeps Shabbos fully. However, he would not make Kiddush for adults on Friday night, since that mitzvah is Biblical.
A gentile – Sheva Mitzvos: According to the Rishonim who rule that the age of 13 is a tradition of Moshe from Sinai, then it is possible that this age does not apply to a gentile. However, according to the reason of maturity which is learned from Shimon and Levi, then since it is a matter of nature, it seemingly applies also to a gentile.[8] According to this approach, gentiles become Bar Mitzvah at age 20 or 21, which is the age that he is fit to go to war.[9]
Reward – The Reward given to a Katan who fulfills a Mitzvah:[10] Although a minor is not formally obligated in the performance of mitzvot, nevertheless, when a child does perform a mitzvah, he receives reward for doing so. Furthermore, the very act of performing the mitzvah is considered a meaningful fulfillment in the context of the mitzvah of education (chinuch). This is not considered inferior to the case of one who is not commanded yet nevertheless performs a mitzvah, who likewise receives reward for his actions. So too, the actions of a minor—despite the lack of formal obligation—are significant and valued by Hashem to give him reward.
Punishment – Is a Katan punished for transgressing a Mitzvah:[11] A child is not given any form of punishment by a human court or Heavenly Court for any sin he commits. However, some Poskim[12] rule that once a child has reached the age of understanding what is a Mitzvah and Aveira, Onas Hapeutos, he is punished in heaven for his sins, after he passes away. Furthermore, according to all, a child can be punished for the sins of his father.[13]
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Lack of a fully installed G-dly soul while a child:[14] The completion, and main entrance of the G-dly soul into a person is at 13 years of age for a boy, and 12 years of age for a girl. It is for this reason that they are Biblically exempt from keeping the commands until this age.
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[1] Admur Basra 4:2; 37:3; 39:1 [regarding Tefillin]; 55:6; 128:49; 199:9 [regarding Birchas Hamazon]; 271:7 [regarding Kiddush]; 616:8 [regarding Yom Kippur]; Admur Hilchos Talmud Torah 1:1 “Even though a minor is exempt from all mitzvos”; See Michaber O.C. 616:2; E.H. 155:12-15 [regarding Miun] and 169:10 [regarding Chalitza]; Rambam Shevisas Asur 2:11 regarding fasting on Yom Kippur; Ishus 2:10; Mishneh Avos 5:21; Mishneh Nida 5:6 p. 45b “At age 12 her vows become valid”; Shut Harosh 16:1; Rashi Avos 5:21; Orchos Chaim Tefila 73; Magen Avos of Tashbeitz Avos ibid in name of Midrash; Maharil 51; Birkeiy Yosef 55; Igros Kodesh 5:76; Likkutei Sichos 10:70; 15:291; Reshimos Choveres 19 and 21 and 59; Shaareiy Bar Mitzvah pp. 76-94; Encyclopedia Talmudit Vol 4 Erech Bar Mitzvah footnotes 1-4; Nitei Gavriel 1:1 footnote 1 in length; Shevach Yakar 38:1; See Toras Hakatan Chapter 34 and 37
[2] The reason: As prior to this age his G-dly soul has yet to enter into his body. [Admur in Basra 4:2]
[3] All Poskim ibid
The source: 1) Some learn that the age of Bar Mitzvah is a tradition of Moshe from Sinai, and is not sourced in the written Torah. [Teshuvos Harosh Kelal 16; Maharil 51; See Likkutei Sichos 10:70; 15:291; Igros Kodesh 5:76] 2) Others learn that it is learned from the verse in Vayishlach [Bereishis 34:5] regarding Shimon and Levi who are called “Ish”, which shows that when one turns 13 years old he is called an Ish, and a woman, being that she has greater maturity, she is Bas Mitzvah a year earlier, at age 12. [Rashi Avos 5:21; Rashi Nazir 29b; Rav Ovadia Bartenura Avos ibid; Tosafos Yom Tov Avos ibid; Machzor Vitri Avos; ibid; See Likkutei Sichos 10:70; Igros Kodesh 5:76; Reshimos Choveres 21 in length]
[4] The reason: The reason that a boy becomes obligated in Mitzvos in age 13 is because at this age his G-dly soul completes its entry into the body. [Admur in Basra 4:2]
[5] Admur 616:8 regarding Yom Kippur; Michaber O.C. 616:2; E.H. 155:12; Rambam Shevisas Asur 2:11 regarding fasting on Yom Kippur; Ishus 2:1; Mishneh Nida 5:6 p. 45b “At age 12 her vows become valid”
[6] The reason a girl turns Bas Mitzvah a year before a boy: A girl becomes obligated in Mitzvos a year earlier than a boy is because Hashem granted extra understanding [Bina] to a woman. This means that her mental maturity is faster than a man, and she thus reaches the age of obligation, one year earlier. [Nidda 45b; Likkutei Sichos 11:331; Igros Kodesh 6:199; Toras Menachem 27th Elul 5742 p. 2269; See Torah Temima on Bamidbar 30:4]
[7] Admur 37:3; 39:1 regarding Tefillin; 55:6; 128:49; 199:9 regarding Birchas Hamazon; 271:7; M”A 271:2; M”B 271:3; Rav Poalim 1:10; Kaf Hachaim 271:9; See Michaber E.H. 155:15 regarding Miun and 169:10 regarding Chalitza
[8] Igros Kodesh 5:76, brought in Shulchan Menachem 3:333; See Likkutei Sichos 10:70
[9] Reshimos Choveres 19
[10] See Mahariy Mintz 1; Chikrei Lev O.C. 74; Noda Beyehuda Tinyana Y.D. 164; Maharam Shock O.C. 269; Machaneh Chaim E.H. 2:34; See Toras Hakatan Chapter 37
[11] See Halacha 10 and Toras Hakatan Chapter 39:1-28
[12] Noda Beyehuda Tinyana Y.D. 164, brought in Pischeiy Teshuvah Y.D. 376:3
[13] Rambam Teshuvah 6:1
[14] Admur Basra 4:2; See Kaf Hachaim 225:11