The Rebellious Son

(18) If a man has a wayward and defiant son, who does not heed his father or mother and does not obey them even after they discipline him, (19) his father and mother shall take hold of him and bring him out to the elders of his town at the public place of his community. (20) They shall say to the elders of his town, “This son of ours is disloyal and defiant; he does not heed us. He is a glutton and a drunkard.” (21) Thereupon the men of his town shall stone him to death. Thus you will sweep out evil from your midst: all Israel will hear and be afraid.

(1) A wayward and rebellious son: at what age does he become liable [to be stoned]? From the time that he produces two hairs until the beard is full by which is meant the hair of the genitals, not that of the face, but the Sages used euphemisms , for it says, “If a man has a son” (Deut. 21:18) a son, but not a daughter; ‘a son’, but not an adult man. The minor is exempt, since he does not come within the scope of the commandments.

(2) When does he become liable [to be stoned]? Once he has eaten a tartemar of meat and drunk half a log of wine. Rabbi Yose said: “A maneh of meat and a log of wine. If he ate it in a company [celebrating] a religious act; or at a gathering for the purpose of intercalating the month; if he ate the second tithe in Jerusalem; if he ate the carrion or terefoth (meat that was not slaughtered in a kosher fashion), abominable and creeping things, or untithed produce, or the first tithe from which terumah had not been separated, or unredeemed second tithe, or unredeemed sacred food; if his eating involved a religious act or a transgression; if he ate any food but did not eat meat or drank any drink but did not drink wine, he does not become a ‘stubborn and rebellious son, unless he eats meat and drinks wine, for it is written, “This our son is stubborn and rebellious, he will not obey our voice;] he is a glutton and a drunkard” (Deut. 21:20). Although there is no clear proof for this, there is at least a hint, as it is says, “Do not be among wine drinkers, among gluttonous meat eaters of flesh (Proverbs 23:20).

(3) If he stole from his father and ate it on his father’s property, or of strangers and ate it on the property of the strangers, or of strangers and ate on his father’s property, he does not become a “wayward and rebellious son,” until he steals from his father and eats on other’s property. Rabbi Yose bar Yehudah said: “Until he steals from his father and mother.”

(4) If his father wants [to have him punished], but not his mother; or his father does not want [to have him punished] but his mother does, he is not treated as a ‘wayward a rebellious son’, unless they both desire it. Rabbi Judah said: “If his mother is not fit for his father, he does not become a ‘wayward and rebellious son”. If one of them [his father or his mother] had a hand cut off, or was lame, mute, blind or deaf, he cannot become a “wayward and rebellious son”, because it says “his father and mother shall take hold of him” (Deut. 21:19) not those with a hand cut off; “and bring him out”, not lame parents; “and they shall say”, and not mute parents; “this our son”, and not blind parents; “he will not obey our voice” (Deut. 21:20), and not deaf parents. He is warned in the presence of three and beaten. If he transgresses again after this, he is tried by a court of twenty three. He cannot be sentenced to stoning unless the first three are present, because it says, “this our son” (Deut. 21:20), [implying], this one who was whipped in your presence. If he [the rebellious son] fled before his trial was completed, and then his pubic hair grew in fully, he is free. But if he fled after his trial was completed, and then his pubic hair grew in fully, he remains liable.