Tikvah
Editors’ Pick

October 9, 2017

The Talmudic Case of the “Wayward and Rebellious Son”

A passage that encapsulates the ethos of rabbinic Judaism.

A brief passage in the book of Deuteronomy presents the law of the “wayward and rebellious son,” whose parents may bring him before the elders of the city and testify to his bad behavior; after which the elders can sentence him to death by stoning. In the Talmud’s view, this punishment is justified because it prevents this child from growing into an adult who will commit truly heinous crimes; if executed now, “he will die innocent rather than die guilty.” The talmudic sages then go on to impose restrictions on who qualifies for this punishment: there is only a three-month age range during which the child is liable; he must demonstrate that he is, in the Torah’s words, “a glutton and a drunkard” by eating raw (or very rare) meat and drinking Italian wine; he must buy these foods with money stolen from his parents. But, writes Adam Kirsch, the rabbis don’t stop there:

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