DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.18 MB)
At What Age is a Person Subject to the Torah’s Punishments?

The Torah assigned certain punishments for intentional violations of its laws. In some instances, a violator is subject to court-administered punishments, such as Malkot (lashes) or execution, and in other cases, a violator is subject to punishment directly by God, such as "Karet." The Gemara defines "Karet" as premature death, Heaven forbid, specifically, dying by the age of fifty.

Before the age of Bar Misva or Bat Misva – thirteen years of age for boys, twelve for girls – a child is not subject to any punishments. Because of their young age, it is the parents’ responsibility to educate and train them in religious observance, and it is therefore the parents who bear liability for the child’s mistakes. For this reason, it is customary for a father to recite a Beracha on the occasion of a child’s Bar Misva or Bat Misva, "Baruch She’petarani Me’onsho Shel Ze" ("Blessed is He who has absolved me from this [child’s] punishment"). One recites this Beracha without "Shem U’malchut" (the phrase "Hashem Elokenu Melech Ha’olam").

Once a child reaches the age of Misva obligation (twelve or thirteen), he or she is subject to the Torah’s punishments. Already at the age of thirteen (or twelve in the case of a girl), a child who intentionally violates Shabbat, for example, is liable to capital punishment by Bet Din (assuming he had been warned and there were witnesses to the event), and he is likewise liable to Malkot for violating certain other transgressions. Interestingly enough, some scholars suggest that the age of thirteen, at which a boy becomes liable to corporal punishment, is the underlying reason for why specifically thirty-nine lashes are administered when Malkot is warranted. One becomes eligible for Malkot at the age of thirteen, and Malkot are administered for three kinds of transgressions, represented by the terms "Het," "Avon" and "Pesha." This is signified by the number thirty-nine, the product of thirteen and three.

Once a child reaches the age of Bar Misva or Bat Misva, he or she is also subject to the obligations of Korbanot. In situations requiring a sin-offering, a child is obligated to bring a sacrifice already from the age of twelve or thirteen.

There is a dispute among the Rabbis as to when a person becomes subject to the punishment of "Karet." The Hatam Sofer (Rabbi Moshe Sofer of Pressburg, 1762-1839) and the Hacham Sevi (Rav Sevi Ashkenazi, Amsterdam, 1660-1718) claimed that at the age of Bar Misva or Bat Misva a child becomes subject to all punishments, including "Karet." Although the Midrash speaks of the age of twenty as the point at which one becomes subject to divine punishment, these authorities note that this does not appear in the Talmud, and that we must not take the Midrash’s comment literally. According to this view, a thirteen-year-old who intentionally eats Hametz on Pesah, for example, is liable to "Karet."

Many other scholars, however, including the Hid"a (Rav Haim Yosef David Azoulai, 1724-1806) – in numerous places in his writings – and the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), disagree. They demonstrate from several sources, in both the Talmud Bavli and Talmud Yerushalmi, that a person is not subject to "Karet" for violations committed before the age of twenty. On the basis of this view, some have proposed an explanation for an otherwise perplexing account in the Gemara of a transgressor who was given sixty lashes. Eligibility for the punishment of "Karet" begins at the age of twenty, and this punishment applies to the three categories of "Het," "Avon" and "Pesha," and therefore the court administered sixty lashes (20x3) for a "Karet" violation.

Nowadays, of course, we cannot bring a Korban (sacrifice) to atone for our wrongdoing, and the courts do not have the authority to administer punishment. We must remember, however, that sin requires atonement, and that already from the age of twenty we are subject to the entire range of punishments. It therefore behooves us all to perform sincere Teshuba, which has the ability to atone for all sins, even the most severe violations, and pray to the Almighty for forgiveness.

 


Recent Daily Halachot...
If the Hazan Forgot to Recite Ya’aleh Ve’yabo During the Repetition of the Amida on Rosh Hodesh
Should Two Kaddishim be Recited if a Shiur is Given Immediately Before Arbit?
Reciting “Yiheyu Le’rason Imreh Fi” at the End of the Amida
The Kaddish Before Baruch She’amar
The Value of Praying “Vatikin” and Studying Torah Before Prayer
The Importance and Significance of Birkat Ha’lebana
The Custom Among Syrian Jews Regarding the Text of “Ve’la’minim” and Other Portions of the Amida
Adding Prayers for Forgiveness and for One’s Livelihood in “Shema Kolenu”
If One Mistakenly Recited “Morid Ha’tal” Instead of “Mashib Ha’ru’ah U’morid Ha’geshem”
Should a Mourner be Called for an Aliya if He is the Only Kohen in Attendance?
May Birkat Kohanim be Recited if a Non-Jew is Present
If a Kohen Was Mistakenly Called for the Second Aliya; Calling Kohanim for Later Aliyot
How Should the Aliyot be Arranged in a Minyan of Only Kohanim, or if There is Only One Yisrael?
Birkat Kohanim – The Hazan’s Announcement of “Kohanim”; If There is One Kohen or No Kohanim Present
Birkat Kohanim in a Place Without a Sefer Torah; One Who Enters the Synagogue During Birkat Kohanim; Reciting Birkat Kohanim Several Times in One Day
Page of 239
3585 Halachot found