- Laws applicable if the child is below the age of Chinuch:[1]
Education in fulfillment of Mitzvos:[2] A child who has yet to reach the age of education, as will be defined in Halacha 4, is not required to be educated by his father, or any other individual, in fulfilling positive commandments. However, as will be explained there, this age of education is unique to each commandment. Hence, once the child has reached the level of understanding appropriate for a specific mitzvah, he becomes obligated to be educated in that specific Mitzvah, but is yet to be obligated to be educated in other Mitzvos for which he remains of immature age. [With that said, and as explained in Halacha 2, this does not mean that there is any restriction against educating a child in mitzvot prior to his reaching the formal age of education for a given commandment. On the contrary, there are many mitzvot in which it is customary and praiseworthy for a child to be educated from the youngest of ages, even before he has officially reached the age of chinuch. This early education serves to familiarize the child with the performance of mitzvot and to instill proper habits, as will be explained in the forthcoming chapters by each individual Mitzvah.]
Reprimanding – Educating in negative commands and Stopping the child from transgressing:[3] A child who has not yet reached the age of understanding—that is, a child who does not comprehend at all when he is told that a certain act is forbidden as will be explained in Halacha ??—is not subject to an obligation upon the father to forcibly[4] prevent him from transgressing, or even reprimand him for doing so. Accordingly, the father is not required to restrain the child from eating forbidden foods, desecrating Shabbos[5], or, if the child is a kohen, to remove him from a cemetery, even when such acts involve a biblical prohibition. [This applies even if the child is performing a transgression in public.[6]] This is because the child lacks any understanding of the matter from which he is being restrained, and thus such prevention does not constitute meaningful education. [However, there are a number of matters relating to prohibitions in which it is customary to be careful from the very day a child is born, not as an obligation of formal chinuch, but in order to ensure that the child is surrounded by an atmosphere of holiness. Thus, for example, many are careful not to play non‑Jewish music in the presence of an infant, nor to place images of non‑kosher animals before him, even from the moment of birth. Although the child is far below the age of chinuch, these practices are observed in order to cultivate a sanctified environment and to immerse the child in holiness from his earliest moments. Furthermore, as explained at length in Chapter One and as will be reiterated below, although one is not obligated to prevent a child from transgressing when the child is below the age of chinuch, it nevertheless remains a biblical prohibition to actively provide the child with the means to transgress or to instruct him to do so. Additionally, when a child transgresses on behalf of an adult, the age of the child is irrelevant, and one is obligated to protest and stop the child’s actions, as was explained in Chapter 1 and as will be reiterated below.]
Non-Kosher foods – Refraining a Child from Eating Forbidden Foods: Although one is not obligated to forcibly prevent a child from eating forbidden foods, one should nevertheless refrain the child from doing so whenever possible, irrelevant of the child’s age. This is because forbidden foods are understood to have a negative effect on a child’s nature, even when the child is a mere infant.[7] Accordingly, not only should the father endeavor to prevent the child from eating forbidden foods, but even other bystanders should do so when possible, despite not being obligated to do so according to the strict letter of the law.[8] [Even when a child requires food for medical reasons, every possible effort must be made to provide a kosher alternative. This is because consuming non-kosher food can nevertheless have a negative impact on the child’s character. This principle is evident from the ruling that even a pregnant[9] or nursing[10] mother who must eat non-kosher food for medical reasons should avoid doing so whenever possible, and if she does partake of non-kosher food, she should refrain from nursing the child.[11]]
Gentile – Must one stop a gentile from causing a child to sin:[12] If a child has not yet reached the age of chinuch—defined as being below the age of understanding, as will be explained in Halacha 5—the father is not obligated to prevent a gentile from feeding the child forbidden food, or prevent the gentile from causing the child to perform any other prohibition. Nevertheless, it remains forbidden to instruct or request the gentile to do so, as will be explained below. [Nevertheless, as explained previously, although there is no formal obligation to do so, one absolutely should prevent a child from eating non‑kosher food whenever possible, whether the child is eating on his own or is being fed by a gentile, and hence one should stop the gentile from doing so.[13] The same principle applies to other prohibitions that affect a child’s spiritual purity or modesty, from which the child should likewise be shielded to the extent possible.]
A child who is transgressing for the sake of another Jew:[14] If a child of any age transgresses in order to benefit an adult Jew who is already bar mitzvah, every Jew is rabbinically obligated to stop or reprimand the child. This duty applies regardless of the child’s age[15] and is not limited to the child’s parent or guardian. See Halacha 7F and 8D in length for the full details of this matter and as to cases of exception to this rule.
Assisting the child in transgressing:[16] Although we explained above that there is no obligation upon a father—or any other individual—to stop or reprimand a child who is below the age of chinuch from transgressing a prohibition, nonetheless it remains absolutely forbidden to actively cause any child to transgress. Thus, one may not instruct a child—even an infant—to violate any prohibition, whether biblical or rabbinic. Likewise, it is forbidden to feed a child any prohibited item, or even simply place the food in his hands, whether the prohibition is of biblical or rabbinic origin, and one may not assist or enable a child in the performance of any prohibited act. It is even forbidden to instruct a non-Jew to assist a child with the performance of a prohibition irrelevant of the child’s age. However, it should be noted that there are certain limited exceptions to this rule with regard to rabbinic prohibitions, as explained at length in Chapter One, Halacha 8; see there for the full details of this matter. Likewise, it is permitted to give a child an item with which he may desecrate Shabbat, provided that the item is not given with the intent that he perform a prohibited act. See Chapter 1 Halacha 8G for the full details of this matter.
💬 Example: The Curious Toddler
A two-year-old child wandered through a family gathering and reached for a non-kosher snack that had been brought by a non-observant relative. Technically, the child was far below the age of chinuch and could not possibly understand why the food was forbidden. Nevertheless, the parents gently removed the food and redirected the child to a kosher alternative. They did so not because they were formally obligated to educate the child in Kashrus at that age, but because a Jewish child should be accustomed from infancy to eating foods that are permitted. This example highlights the distinction between the formal obligation of chinuch and the general desire to raise a child in an environment of holiness.
Child Below Age of Chinuch
| Case | Must Parent Stop Child? |
| Eating non-kosher on own | No formal obligation |
| Desecrating Shabbos | No |
| Entering cemetery (Kohen child) | No |
| Public transgression | No |
| Gentile feeding child non-kosher | No formal obligation |
| Child acting for adult Jew | Yes |
| Adult helping child sin | Forbidden |
Non-Kosher Foods
| Situation | Ruling |
| Child eating non-kosher | Prevent whenever possible |
| Infant | Prevent whenever possible |
| Bystanders observing | Appropriate to stop |
| Medical need | Seek kosher alternative first |
| Nursing mother eating non-kosher | Avoid when possible |
| Pregnant woman eating non-kosher | Avoid when possible |
[1] See Admur 343:2-3; Mishneh Berura 343:3
[2] Admur 343:2 “He is obligated by rabbinic decree to educate his son or daughter even in positive commandments once they reach the age of education.”
[3] Admur 343:3 “But a child who has no understanding at all: his father is not obligated to forcibly prevent him from eating forbidden foods or from desecrating Shabbat, even when the prohibition is from the Torah, since the child does not understand the concept of what he is being prevented from or separated from. Likewise, if he is a kohen, there is no obligation to remove him from a house that contains ritual impurity, unless he is a child who has understanding, in which case his father is obligated to remove him.”; Admur 616:2-4 “However, if the minor puts them on himself, whether one is required to protest is explained in סימן שמ״ג—see there. All of this applies to a minor who has not yet reached the age of education for the mitzvah of affliction.; M”A 343:2; Issur Viheter Shaar 48:8; Tosefes Shabbos 343:2; M”B 343:3; Kaf Hachaim 343:11; See Tosafus Erechin 3a; Ketzos Hashulchan 147 footnote 3; Piskeiy Teshvuos 343:2 and 12
Other opinions: Although from the Rama it can be understood that a father is obligated to refrain a child from transgressing even if the child is below the age of education [See Rama 343:1 “All this refers to a child who is below the age of Chinuch”], nevertheless from the Achronim [Admur ibid, Magen Avraham ibid, Mishneh Berura ibid] it is understood that this is an incorrect reading of the Rama, who refers simply to the exemption of others from reprimanding the child. However it seems from the Shach Yoreh Deah 81:26 that he learns that the father must stop his child from transgressing Biblical commands even if he is below the age of education, as the case there is referring to nursing a baby forbidden milk, and a nursing child is usually below the age of education. Vetzaruch Iyun!
[4] However, one should try to refrain him from eating forbidden foods as will be explained next. [Ketzos Hashulchan 147 footnote 3; Piskeiy Teshuvos 343:9]
[5] Admur ibid; Poskim ibid; Beir Moshe 6:20; Mishneh Halachos 3:49; 7:36; Sheilas Shaul 32; Shevet Halevi 7:104; Piskeiy Teshuvos 343:2 footnote 32 and 61
Other Opinions – Shabbos Melachah Performed by a Child Below the Age of Chinuch: The above Poskim all rule that a child who is below the age of chinuch does not require protest if he performs a melachah on Shabbos, as is the general principle by all prohibitions performed by a child who lacks mental maturity. However, some Poskim rule that Shabbat melachah is an exception to this general principle. According to this view, parents are biblically obligated to prevent their children from performing melachah on Shabbat even if the child has not yet reached the age of understanding or education. The reason given is that the Torah explicitly commands that one’s children rest on Shabbat, as stated in the verse: “You shall not do any work—you, your son, or your daughter.” Under this approach, young children are likened to one’s animals, which are likewise commanded to rest on Shabbat, and therefore parents bear a direct obligation to ensure that their children refrain from labor on Shabbat regardless of age. [Mishkanos Yaakov O.C. 118]
[6] See Mateh Efraim 589:5 Alef Lamagen 6; Piskeiy Teshuvos 343:2 footnote 30
[7] Rama Yoreh Deah 81:7 regarding an infant eating milk from a gentile, as explained in Shach 81:26; M”A 343:2; Tosefes Shabbos 343:2; Kaf Hachaim 343:11; Ketzos Hashulchan 147 footnote 4; Piskeiy Teshuvos 343:9; See Pri Chadash (Yoreh De’ah, siman 81, se’if katan 26) who already protested and cried out sharply about this matter, stating as follows: Since in our times people are not careful with these matters of forbidden foods, most children go astray, and most of the insolent individuals of our generation lack any fear of Heaven that penetrates their hearts. Even when they are rebuked directly, they are not receptive to moral instruction. And who is greater for us than Elisha ben Avuyah? For he did not come to that path because of any later deed of his own, but rather because his mother, who was pregnant with him, passed by a place where food was being cooked for idolatry. She smelled it and felt a need to eat from it, and that substance permeated him like the venom of a snake.”
Time‑Dependent Prohibitions: The Achronim have discussed whether this negative effect applies also to permitted foods that become prohibited due to time-related restrictions, such as chametz on Passover, eating on Yom Kippur, and eating matzah on the day before Passover. [See Darkei Teshuvah 81:90; Ketzos Hashulchan 147 footnote 4] From the words of the Gemara in Yoma (82b), which discusses a pregnant woman who smelled food on Yom Kippur, it is evident that this category is also included. [Arugas Habosem O.C. 138] Nevertheless, it is certainly forbidden to be stringent in a situation involving even a possible danger to life, and the ruling must be determined according to the judgment of the halachic authority in each case. However, allowing a minor to eat before kiddush or havdalah is clearly more lenient according to all opinions, since this prohibition is merely a rabbinic safeguard enacted out of respect for the sanctity of the day. [Piskeiy Teshuvos 343:9]
[8] Ketzos Hashulchan 147 footnote 4
[9] Darkei Moshe O.C. 617:1 “One must be careful that a pregnant woman guard herself as much as possible that she does not eat pork and non-kosher meats as this will cause that her child will be God fearing”; Or Zarua 279; Yerushalmi Chagiga 9b regarding the mother of Acher that she had once eaten a non-Kosher food during her pregnancy due to having smelled it and lusted after it, and this is what caused her son to become a heretic; Sefer Shemiras Haguf Vihanefesh [Lerner] 142:1; Shevach Habris 1:24; Nitei Gavriel 3 56:5
[10] Rama Y.D. 81:7; Taz Y.D. 81:12; Shach Y.D. 81:24; Arugas Habosem O.C. 138; Sefer Shemiras Haguf Vihanefesh [Lerner] 142:1; 147:2;
[11] Shach Y.D. 81:24; P”M 81 M”Z 12; Sefer Shemiras Haguf Vihanefesh [Lerner] 147:3; Piskeiy Teshuvos 343:9
[12] Admur 343:5 “If a gentile feeds a prohibited item to a child who is not yet capable of understanding, the child’s father is not required to protest.”; M”A 343:3; Rabbeinu Yerucham Nesiv 1 in name of Rameh; See Elya Raba 343:3; Kaf Hachaim 343:15; Piskeiy Teshvuos 343:12
[13] Elya Raba ibid; Kaf Hachaim ibid
[14] Admur 334:26 “Even if he has not reached the age of Chinuch”; Bach 334; Tosafus Shabbos 121a
[15] Admur 334:26 “Even if he has not reached the age of Chinuch”; Bach 334 “This child is prior to the age of Chinuch , such as a four or five year old and we are not certain as to whether this Katan is performing the action on behalf of his father”; Tosafus Shabbos 121a
A child below the age of comprehension: This obligation applies only to a child who has reached a level of mental maturity such that he is capable of acting on behalf of others. In such a case, when it is determined that the child performed the act for the benefit of an adult, there is an obligation to protest his actions even if he is officially below the age of Chinuch. However, if the child is so young that he lacks the comprehension to act on behalf of others, then even if it appears outwardly that he is doing so, there is no obligation to object. Thus, for example, if a two‑year‑old plays with a light and turns it on or off—even if the adults had been discussing whether they wanted the light on or off—there is no requirement to protest. Since a child of that age does not possess sufficient understanding to perform actions on behalf of others, his conduct is not treated as such. [See Michaber 334:25; Rishonim on Shabbos 121a; Chikrei lev 63; Piskeiy Teshuvos 343:5 footnote 74]
[16] Admur 343:5 and 266:10; M”A 343:2; Kaf Hachaim 343:19; Likkutei Sichos Vol. 7 Sicha 1; See Encyclopedia Talmudit ibid footnote 509; See M”B 343 Shaareiy Tziyon 6