By Rabbi Yirmiyohu Kaganoff
Question #1: His own Lulav?
“Am I required to purchase for my son his own lulav?”
Question #2: Three-year old Tzitzis?
“At what age should my son start wearing tzitzis?”
Question #3: Minor Kohanim
“I know that one must be very careful that a kohen, even an infant, does not become contaminated with the tumah of a meis. Yet I rarely see a child under bar mitzvah duchen. Is this consistent?”
Question #4: Kiruv Kohanim
“We are in the process of being mekarev a fellow who is a kohen. He enjoys joining us for our family outings, and we love to visit museums. Could this present potential halachic issues?”
Answer:
In the beginning of parshas Tolados, the Torah mentions the birth and upbringing of Yaakov and Eisav. In what many consider the most controversial passage in his commentary on Chumash, Rav Hirsch criticizes the education that Eisav received. This provides an opportunity to continue our discussion on some of the aspects of the mitzvos of chinuch that we began a few weeks ago.
In this context, we find the following passage of Gemara:
“A minor who knows how to shake a lulav in the way that halachah requires is obligated to fulfill the mitzvah of lulav; one old enough to put on a talis properly is obligated in tzitzis; if he is old enough to protect his tefillin, his father must purchase for him tefillin; when he knows how to talk, his father teaches him Torah and the Shma” (Sukkah 42a; see also Arachin 2b and Tosefta, Chagigah Chapter 1).
We see from the Gemara that we should begin teaching a child Torah and training him to observe mitzvos at the earliest age possible for him to perform the mitzvah correctly. One of the first lessons of mitzvas chinuch that we see here is that the mitzvah is not simply to demonstrate to a child a few times before his bar mitzvah how the mitzvah is performed. The mitzvah is to train him from when he begins to be able to perform the mitzvah properly, and we then begin to encourage him to observe the mitzvos. Thus, as soon as he begins to speak, we should have him recite pesukim. When old enough to wear a talis properly, we should train him in the mitzvah of tzitzis, and when old enough to perform the mitzvah of lulav properly, we should train him to observe that mitzvah.
Why are tefillin different?
When the Gemara mentions that a child should begin to observe mitzvos, it teaches that his father is obligated to purchase tefillin for his son, but it does not say that the father is required to buy either tzitzis or a lulav for his son. This implies that only in the case of tefillin is the father required to make a purchase, but not for the mitzvos of tzitzis or lulav. Why are tefillindifferent?
The answer is that someone cannot observe the mitzvah of tefillin properly without owning his own pair, and it is obvious that a child would not have the means with which to purchase tefillin. Therefore, the mitzvah of chinuch requires the boy’s father to purchase a pair of tefillin for him.
However, Chazal did not require the father to purchase the four species or tzitzis for his son. Why not? In the case of the four species, the son should be able to perform the mitzvah by using his father’s, and it is therefore unnecessary to require the father to purchase his son a set (Tosafos, Arachin 2b).
What about tzitzis?
Regarding the mitzvah of tzitzis, Tosafos rules that, even for adults, Chazal did not require one to purchase a four-cornered garment in order to fulfill the mitzvah. Rather, someone wishing to wear a four-cornered garment is required to have tzitzis attached to it. In the days of Chazal, one did not purchase a garment with tzitzis, or even purchase tzitzis threads to place on a garment. Clothing was made at home, and tzitzis threads, which require being manufactured for the sake of fulfilling the mitzvah, were spun at home. Therefore, there was no requirement to purchase tzitzis for a child, but, that when the household provided all its members with home-made clothing, it provided the men-folk, including those under bar mitzvah, with four-cornered garments and spun tzitzis to attach to them (Tosafos, Arachin 2b).
“Protecting” tefillin
The Gemara rules that when a child is old enough to “protect his tefillin,” we should purchase for him a pair of tefillin. What does it mean that he is old enough to “protect his tefillin”? Some understand this to mean that he understands that he should not bring his tefillin into the bathroom (Rashi, Sukkah 42a). Others understand this to mean that he can keep a guf naki, meaning that he is old enough to be careful not to release flatulence while wearing tefillin, which is prohibited because of bizuy mitzvah, treating mitzvos with disdain (Rashi, Brachos 5b; Shulchan Aruch, Orach Chayim 37:2). There is obviously a major difference between these two approaches: A fairly young child can be entrusted not to bring tefillin into a bathroom, whereas someone considerably older may still have difficulty maintaining control and awareness to remove his tefillin when he feels that his stomach is somewhat unsettled.
Contemporary practice
Following the second approach mentioned above, which is the conclusion of the Shulchan Aruch, common practice today is that we do not have a child wear tefillin until he is almost the age of bar mitzvah. This is because we are concerned that he will be unable to keep a guf naki. Therefore, we wait until the child is almost the age that he is required min haTorah to wear tefillin, and only then do we train him how to wear tefillin.
Minor kohanim
At this point, let us address one of our opening questions.
“I know that one must be very careful that a kohen, even an infant, does not become contaminated with the tumah of a meis. Yet I rarely see a child under bar mitzvah duchen. Is this consistent?”
This question needs to be dealt with as two different headings. The first topic is the prohibition of causing someone to violate a halachah. The second topic is understanding how the mitzvah of chinuch applies to the specific mitzvah of birkas kohanim. I will first discuss the topic of causing a minor kohen child to become tamei.
Causing someone to violate the Torah
It is prohibited min haTorah to be the direct cause of a child violating a prohibition of the Torah (Yevamos 114a). For example, providing a child with non-kosher food or bringing a minor kohen into a house that contains tumas meis causes the child to violate what the Torah says. The Torah prohibits doing this, even when the child himself is too young to be responsible to fulfill the mitzvah and is not commanded to observe it. As a matter of fact, this law applies min hatorah even to a newborn (Magen Avraham 343:2). It also applies even when a child is, unfortunately, being raised in a non-observant way. Therefore, it is forbidden for someone who has a babysitting job to feed a Jewish child non-kosher food, or to serve non-kosher food to a Jewish child in a school cafeteria. Similarly, it is prohibited to dress a baby in a blanket or clothes made of shatnez (Shu"t Beis Yehudah, Yoreh Deah #45).
Tumah is worse
In the particular instance of causing a kohen to become tamei, there is an additional violation, specific to this mitzvah. The Rambam rules that it is forbidden for someone to make an adult kohen tamei and, at times, this may involve violating a prohibition min haTorah (Rambam, Hilchos Aveil 3:5). The Rambam rules: "If the kohen is unaware that what he did is forbidden, and the person who made him tamei knows that it is, then that person violates the lo saaseh. If the kohen knows that it is forbidden, then the other person violates only lifnei iveir lo sitein michshol, do not place a stumbling block before a blind person (Vayikra 19:14).” Chazal interpret this pasuk to mean that one may not give someone bad advice, nor cause him to violate a prohibition.
Kiruv kohanim
Thus, we can now also address another of our opening questions. “We are in the process of being mekarev a fellow who is a kohen. He enjoys joining us for our family outings, and we love to visit museums. Could this present potential halachic issues?”
In a different article published in this column many years ago, I discussed at length the shaylos that exist concerning whether a kohen may visit a museum. (A copy of that article, entitled Finding a Compatible Place for an Extended Family Outing, is available on the website RabbiKaganoff.com.) Based on our current discussion, we are now aware that the same issues exist if I cause a kohen to enter a museum. Thus, taking a nephew who is a kohen on a family trip to a museum may involve the same halachic problem, and I should consult my rav or posek. Bringing our friend the kohen involves the same halachic issues, notwithstanding the fact that he, himself, has no concerns about the matter. As we saw above in the Rambam, it is actually a more serious problem for me when I know that the kohen is not concerned about the prohibition.
What if the child does it on his own?
The Gemara (Yevamos 113b-114a) relates that Rav Yitzchak bar Bisna lost the keys of the beis medrash in a reshus harabim, an area into and from which it is prohibited min haTorah to carry on Shabbos. Thus, there was no way to unlock the doors and use the beis medrash on Shabbos. Rabbi Pedas suggested that Rav Yitzchak bar Bisna bring some children to play in the area where the keys were lost, hoping that one of them might find the keys and bring them to the beis medrash. According to Rabbi Pedas, one is not obligated to prevent a child from violating a mitzvah of the Torah, provided that one does not ask or enable the child to do so. In other words, although it is prohibited to cause a child to violate a mitzvah, we have no obligation to prevent the child from violating a mitzvah, nor are we prohibited from placing a child in a place where he may choose to violate a mitzvah on his own.
The rishonim ask why the mitzvah of chinuch does not require preventing the child from violating Shabbos. Here I will present three widely-held approaches to answering this question.
Under age
One answer is that Rabbi Pedas’ rule that we are not required to prevent children from choosing to violate prohibitions applies only when they are very young -- meaning that the child is below the age of chinuch, when we are required to educate him about the mitzvah (Tosafos, Shabbos 121a, s.v. shema). Thus, Rav Yitzchak bar Bisna brought only fairly young children to play in the area where the keys were lost. It would be prohibited, according to this approach, to cause older children who understand that we do not carry on Shabbos to carry the keys in a reshus harabim. This approach is quoted by the Rema (Orach Chayim 343).
Mitzvos Asei
A second approach to answer this question is more lenient, contending that the mitzvah of chinuch applies only to positive mitzvos, but does not apply to prohibitions (Rabbi Eliezer miMetz, the author of the Sefer Yerei’im, quoted by Tosafos Yeshanim, Yoma 82a; the same position is quoted by several rishonim to Yevamos 114a). According to this understanding, there are three levels:
1. We are prohibited min haTorah from directly causing a child to violate a prohibition.
2. We are required miderabbanan to train a child to perform mitzvos.
3. There is no requirement at all to prevent a child from performing violations of the Torah that a child is doing on his own.
Isn’t this counterintuitive?
Is this approach not counterintuitive? In general, prohibitions are treated more strictly than positive mitzvos, and the punishments for violating them are usually more severe (Terumas Hadeshen #94). Why, in this instance, is the positive mitzvah being treated more stringently than the prohibition?
Some explain that the reason is because performance of a positive mitzvah usually requires more effort, and these mitzvos will be more difficult for him to observe when he becomes an adult. Therefore Chazal required the father to make certain that his child is habituated to perform mitzvos. They did not require chinuch on lo saaseh prohibitions, since they are passive (Terumas Hadeshen #94).
Only the father
I promised that I would share with you three approaches to explain how Rabbi Pedas permitted placing children somewhere where they will likely end up performing melachah activity on Shabbos. Is there not a mitzvah of chinuch?
A third approach to answer this question understands that when Chazal introduced the mitzvah of chinuch, they obligated the father, but no one else, to train a child to perform mitzvos. Since other people have no obligation of training a child to perform mitzvos, they are permitted to place a child somewhere where he may, of his own volition, violate a prohibition (Tosafos Yeshanim, Yoma 82a; Rambam, Hilchos Maachalos Asuros 17:28). This last approach is the one followed by the Shulchan Aruch (Orach Chayim 343:1), who writes: “If a child is eating non-kosher, beis din is not commanded to prevent him, but his father is commanded to rebuke him and prevent him.” The Rema cites this opinion also.
Remember, as we taught above, that all opinions prohibit directing a child to violate a prohibition. What is permitted is placing him in a position where he will, of his own volition, violate a prohibited activity.
In conclusion, we are prohibited from causing a male child to become tamei from contact with a corpse. According to the conclusion of the Shulchan Aruch, you are not obligated to prevent a child from making himself tamei, unless the child in question is your son.
What about duchening?
At this point, let us return to the question raised above: “I know that one must be very careful that a kohen, even an infant, does not become contaminated with the tumah of a meis. Yet I rarely see a child under bar mitzvah duchen. Is this consistent?” Now, that we have explained the background to the first part of the question, let us discuss the second part: Our questioner reports not seeing many minor kohanim perform the duchening.
The Mishnah (Megillah 24a) states that a child does not duchen, which Rashi explains is because it is not respectable for a congregation to have a child bless them. Our question is whether the Mishnah means that a child should never duchen, or does it mean that he should not duchen when he is unaccompanied by an adult kohen? The issue being debated is whether the lack of dignity for the tzibur is any time a child is blessing the congregation or only when he does so by himself.
This issue is the subject of a dispute among early rishonim. Rashi (Sukkah 42a) rules that a child should never duchen, whereas Tosafos contends that it is fine for a child to duchen, as long as he does so together with adult kohanim (Tosafos, Megillah 24a s.v. Ve’ein). According to the latter opinion, it would follow that there is a mitzvah to train a minor kohen to duchen, just as there is a mitzvah to train him to perform other mitzvos. However, according to Rashi, since Chazal ruled that it is not a kavod to have a child duchen, then, clearly, there is no mitzvah of chinuch to train him to duchen. There were many places in Europe where the custom was to follow Rashi in this law. This is why our questioner has rarely seen a minor duchen. However, this is by far not a universally held practice. I have been in many places where I have seen kohanim who are under bar mitzvah duchen alongside adult kohanim.
Conclusion - Avraham and chinuch
We now know that there are specific halachic rules directing us how to educate and train children in the observance of mitzvos, and also about our interactions that might cause an adult to violate a prohibition of the Torah. It is interesting to note that the only verse in the Torah that uses the word chinuch in relation to people is in parshas Lech Lecha, and there the verse refers to training and teaching adults to perform mitzvos. There the Torah teaches about Avraham that, in order to save his nephew Lot, vayarek es chanichav, literally, he emptied out those whom he had trained. As Rav Hirsch points out, the situation of saving Lot required Avraham to change direction from what he had been doing heretofore to develop his following to serve Hashem. Prior to this point, Avraham had taken his following, his disciples, and moved them away from civilization, into the mountains, so that they would not be influenced by the nearby social environment of Canaan, which was antithetical to proper values. Avraham’s previous chinuch had involved isolationism to grow the spirituality of his students. At this moment, serving Hashem required Avraham to expose his following to improper mores, albeit only temporarily, for the sake of saving Lot.
