(2008/5768)
The Torah states (Devarim 24:16), “Lo Yumetu Avot Al Banim UVanim Lo Yumetu Al Avot Ish BeCheto Yumatu,” “A parent shall not die for a transgression of his child nor shall a child die for the inappropriate behavior of his father; every person is judged in accordance with his or her actions.” However, there are two Halachot in our Parashah and a third in Parashat Re’eh which seem to punish a minor for actions for which he or she was not responsible. The Torah (21:18-21) describes the Ben Sorer UMoreh, the rebellious child who consumes large quantities of meat and wine. The child’s parents are obligated to bring him to Beit Din, who executes the child. The principle employed is “Nidon Al Sheim Sofo,” he is judged based on what we anticipate he will do. To support his meat and wine habit, he will steal and ultimately kill. Beit Din eradicates this child before he commits such crimes. What happened to the principle of “Ish BeCheto Yumato?”
Further in our Parashah (23:3), the Torah describes the Mamzer, the child of an illegitimate relationship between a man and woman, for which the penalty should be death. For example, if a woman has separated from her husband, but has not received a Get from him, and produces a child with another man, that child is a Mamzer (male) or Mamzeret (female) and may not marry another Jew other than a fellow Mamzer or Mamzeret. Why is the child punished for something that he or she obviously had nothing to do with?
Finally, in Parashat Re’eh (13:13-19), the Torah describes the Ir HaNidachat, a city in which the majority of the inhabitants engaged in idolatrous practices. The law requires every citizen of that city be killed by the sword. Rambam (Hilchot Avodat Kochavim 4:6) writes, “UMakin Et Kol Nefesh Adam Asher Bah Lefi Cherev Taf VeNashim,” “Every citizen including women and children are to be executed.” I echo the question posed by Ramah, “BaMeh Asham HaTaf SheLo Avdu,” Why should an innocent child be put to death?
If one looks at Halachah, one finds that there are numerous responsibilities which a child has vis-à-vis his or her parents. A child faces the Mitzvah of Kibud Av VaEim, Yirat Av VaEim, not to strike or curse a parent, etc. We do not see much documented about the responsibilities of a parent toward a child. Yes, a parent is obligated to educate his or her children. But that is about it. There is a special Rabbinic enactment mandating that parents feed their children until age 6. Beyond that, sustenance of a child is considered Tzedakah. (Perhaps this is the origin of granting a tax deduction for a dependent.) Yet, from the way we live, it appears that our entire life revolves around our children. We structure our day-to-day lives around our children. A parent will do anything to protect a child.
Perhaps the laws of Ir HaNidachat, Mamzer and Ben Sorer UMoreh are designed to keep the parents in line. At times, an adult may be willing to engage in transgression and accept the consequences upon himself or herself. However, if he or she knows that his or her child will be impacted by their action, he or she might refrain from improbable behavior. The repelling factor is a powerful one and is driven by the fact that a parent will do anything to protect a child.