The Prohibition of Instructing a Minor to Transgress: Scope, Severity, and Halachic Basis
Question
I am seeking clarity regarding the parameters and severity of the prohibition against telling a child to perform an act that is prohibited for an adult—such as on Shabbos or with respect to any other prohibition in the Torah. I understand that it is forbidden to ask a child to do a prohibited act. However:
- Is this prohibition based on the mitzvah of chinuch (education)?
- Does it apply only to the father, or to any adult?
- Does it apply only to biblically prohibited acts, or also to rabbinic prohibitions?
- Is the prohibition itself biblical or rabbinic in nature?
- Does it apply only to a child who has reached the age of chinuch, or even to very young children?
Answer
It is forbidden for any adult, not only the father, to instruct any minor, even a very young child and even below the age of chinuch, to perform any act that is prohibited for an adult. This prohibition applies to both biblical and rabbinic prohibitions. According to most Rishonim and Poskim, the prohibition to instruct a child to violate a biblical prohibition is itself of biblical status. The prohibition is not based on chinuch, but on an independent Torah commandment known as “לא תאכילום” (lo ta’achilum), which the Sages understood to prohibit adults from actively causing minors to transgress.
Explanation
This concept is known in halachic terminology as ספייה בידיים (safiya b’yadayim), meaning actively causing a minor to transgress. Unlike chinuch, which focuses on guidance and correction, safiya b’yadayim treats the adult’s action as a direct violation of Torah law. Consequently, anything that is forbidden for an adult to do is likewise forbidden for him to cause a child to do, whether through action or instruction, and when the underlying prohibition is biblical, the severity of the prohibition remains biblical as well.
The foundation of this prohibition is found in the Gemara (Yevamos 114a), which teaches that it is forbidden for an adult to feed non‑kosher food to a child. The Gemara derives this from three separate biblical contexts: the prohibition of eating non‑kosher creeping creatures, the prohibition of consuming blood, and the prohibition for Kohanim to become defiled through contact with the dead. In each case, the Torah’s language is expounded by Chazal to include not only a prohibition on the individual, but also a prohibition upon adults to actively cause minors to transgress. In particular, the verse “לא תאכלום” is traditionally read as “לא תאכילום”—do not feed them. Although these verses explicitly address only three categories of prohibitions, the Rishonim and Poskim explain that they are not isolated cases. Rather, they serve as paradigms from which a general principle is derived. From these examples, Chazal establish that it is forbidden for an adult to actively cause a child to violate any prohibition of the Torah. This includes all biblical prohibitions, not merely those mentioned explicitly in the verses. Thus, the prohibition is comprehensive in scope and applies across the entirety of Torah law.
This prohibition is fundamentally distinct from the rabbinic mitzvah of chinuch. Chinuch is an educational obligation intended to train a child to observe mitzvos so that he will continue to do so upon reaching adulthood. It is primarily incumbent upon the father, applies only once the child has reached an age of understanding, and is rabbinic in nature. By contrast, the prohibition of לא תאכילום is not educational at all. It is an independent prohibition that applies to all adults, regardless of parental relationship, and applies even to children who are far below the age of chinuch, including infants.
Because this prohibition is not rooted in chinuch, it applies universally and without regard to the child’s cognitive ability. Even if the child has no understanding of the act and no halachic responsibility, the adult who causes the transgression bears full responsibility. For this reason,
even a one‑year‑old child may not be instructed to perform a prohibited act.
However, a further question arises regarding whether there is a distinction between actively feeding a child a prohibited item and merely instructing the child to perform a prohibited act himself. One might argue that instructing a child resembles amira le‑nochri, which is generally a rabbinic prohibition. However, many Rishonim and Poskim reject this comparison. They maintain that instructing a child to transgress constitutes direct causation and is therefore included in the biblical prohibition of לא תאכילום. According to this view, the adult’s verbal instruction is functionally equivalent to physically feeding the child the prohibition.
Sources:
See regarding the general prohibition of Sefiyah Beyadayim: Admur 343:5 “All of the above applies only with regard to the obligation to separate a child from a transgression. However, to actively feed a child a prohibited item with one’s own hands is Biblically forbidden for every person, even if the child is not at all capable of understanding, as it is stated: “Do not eat them”—which the Sages expounded to mean: “Do not feed them to minors.” This prohibition applies even to matters prohibited only by Rabbinic law. It is forbidden to feed a child such items even if the child needs them, and even if the child is ill, so long as there is no danger to life, just as it is forbidden to do so for an adult. Similarly, it is forbidden to accustom a child to desecration of Shabbat or Festivals, even through acts prohibited only due to shevut (Rabbinic prohibitions).”; Admur 266:10; Shut Rabbeinu 41; Michaber 343:1; Rambam Machalos Assuros 17:27; Yevamos 114a; Terumos Hadeshen 62; M”B 343:4 “As for forbidden food—everyone is prohibited from it, and if the infant eats it, the infant has no understanding at all. And this matter is prohibited by the Torah, for we derive it from what is written regarding creeping creatures: “You shall not eat them” (lo tochelum), and the verse is read thus, and the Sages received it as an exposition to mean: “You shall not feed them to minors.” And likewise regarding blood it is written: “Any soul among you shall not eat blood,” and the Sages received this as an exposition to mean: “Do not feed [blood] to minors.” And likewise regarding the impurity of priests it is written: “Say and you shall say,” and the Sages said: “Say”—to the adults, that they should say [it] to the minors. 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. Therefore it is forbidden to give a child any food that is forbidden, or to give it to him to play with, lest he come to eat it, for this is considered as though one feeds him directly by hand. [This is the ruling of the Magen Avraham], even [in such a case], etc., and [one may not avoid this] by saying [to do so] to a non‑Jew.”; Encyclopedia Talmudit ibid p. 194; Likkutei Sichos Vol. 7 Sicha 1
See regarding that the prohibition is Biblical: Admur ibid; 262:10; Shut Rabbeinu 41 in end; Bach 343 and Taz 343 that so applies according to Tur; Rashba Shabbos 153, brought in Tehila Ledavid 343:7; Achiezer 3:1 in name of Noda Beyehuda; M”B ibid; Kaf Hachaim 343:19; Likkutei Sichos Vol. 7 Sicha 1; Other opinions: Some Poskim rule that the prohibition to cause a child to eat non-Kosher food is merely Rabbinical. [P”M 343 M”Z 2 in opinion of Tur and possibly Rambam]
See regarding that the Biblical prohibition applies to all Issurim: Implication of Admur ibid “To provide a child a prohibited item with one’s own hands is Biblically forbidden” which implies that it includes all Issurim and not just non-kosher food; Implication of Shut Admur 41; Implication of Yevamos ibid as learn many Rishonim, Achronim, and Rebbe in Likkutei Sichos; Rashba Shabbos 153, brought in Tehila Ledavid 343:7; Ramban Vayikra 21:1; Mishneh Berurah 343:4 and Shaar Hatziyon 434:12 as is learned from the Gedolei Harishonim on Talmud [Yevamos 112] which brings three verses which teach that it is forbidden for a Gadol to help a child transgress “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.”; Encyclopedia Talmudit ibid footnote 506; Rebbe in Likkutei Sichos Vol. 7 Sicha 1 “And only from the combination of all three of these matters do we learn, by means of the common denominator, that in all prohibitions the adults are warned with regard to the minors.”
Other opinions: Some Poskim rule that by prohibitions other than non-Kosher foods, the prohibition to cause a child to sin is merely Rabbinical. [Levush 343:1; P”M 343 M”Z 1; Pesicha Koleles 2:9 in opinion of Tur; Encyclopedia Talmudit ibid footnote 508]
Opinion of Admur: Admur does not explicitly write that the above prohibition of feeding a child an Issur extends to all other prohibitions in the Torah, although it is implied from his beginning wording which states “To provide a child a prohibited item with one’s own hands is Biblically forbidden” which implies that it includes all Issurim and not just non-kosher food. The same is implied from Shut Rabbeinu ibid
See regarding that the prohibition applies to even instructing the child to do so: 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.”; 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
See regarding that the prohibition to even instructing the child to do so is also Biblical: 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.”; 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]
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, 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
