Deuteronomy's "Wayward and Defiant Son": The Intellectual History of an Unsettling Text

(18) If a man has a wayward and defiant son, who does not heed his father or mother and disobeys 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 town square. (20) They shall say to the elders: “This son of ours is disloyal and defiant and he does not heed our voices. He is a glutton and a drunkard.” (21) And all the men of his town shall stone him to death. Thus you will sweep out evil from your midst, and all Israel will hear and be afraid.

(1) A wayward and rebellious son - at what time can he become a wayward and rebellious son? From the time he grows two facial hairs until his full beard grows in. ...

[The text is limited to] "a son," and not a daughter; "a son," and not a man. A minor is exempt, for he has not entered the category of bar mitzvah.

(2) At what point is he liable for execution? When he eats a pound of meat and drinks a pint-and-a-half of Italian wine; no matter what else he consumes, or under what circumstances, he does not become a "wayward and defiant son" until he eats meat and drinks wine. ...

(3) If he stole from his father and ate in his father's home; or if he stole from others and ate in another's home; or if he stole from others and ate in his father's home, he does not become a "wayward and defiant son" until he steals from his father and eats in another's home. Rabbi Yossi bar Yehudah says: until he steals from his father and his mother.

(4) If his father wants [to bring the son to court] and his mother does not want, [or if] his father does not want and his mother does want, he does not become a "wayward and defiant son" ... If one of [the parents] had a hand injury, or was unable to walk, or was mute, or blind, or deaf, he is not categorized as a "wayward and defiant son" - for it says, (21:19) "Then shall his father and his mother take hold of him," which those with injured hands cannot do. "And bring him out," which those who are unable to walk cannot do. (21:20) "And they shall say," which the mute cannot do. "This our son," which the blind cannot do. "He does not heed our voices," which the deaf cannot say.

Rabbi Yehuda says: If his mother was not identical to his father in voice, appearance, and height, he does not become a "wayward and defiant son". Why? For the verse states: “He does not heed our voices” (21:20), which indicates that they both have the same voice. And since we require that they be identical in voice, we also require that they be identical in appearance and height. ...

It was taught: There has never been a "wayward and defiant son," and there will never be one in the future, as it is impossible to fulfill all the requirements to apply this rule! Why, then, was this passage written in the Torah? So that you may expound upon new understandings of the Torah and receive reward for your study of its theoretical laws. ...

But Rabbi Yonatan says: This is not so! I have seen one. I was once in a place where a "wayward and defiant son" was condemned to death, and I even sat on his grave after he was executed.