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Sanhedrin 8:3-4

Sanhedrin 8:3

If the son stole money from his father and ate on his father’s property, or stole from others and ate on others’ property, or stole from others and ate on his father’s property – in all of these cases, he does not become a ben soreir u’moreh (“stubborn and rebellious son”) until he steals money from his father and eats on others’ property. Rabbi Yosi bar Rabbi Yehuda says the son must steal from both his father and his mother.

Sanhedrin 8:4

If the father wants to have the son tried as a ben soreir u’moreh but the mother doesn’t, or vice versa, he is not a ben soreir u’moreh until both want. Rabbi Yehuda says that if the mother was not fit to marry the father, the son cannot be a ben soreir u’moreh. If one of the parents was missing a hand, or was unable to walk, speak, see or hear, the son cannot be a ben soreir u’moreh. This is because Deuteronomy 21:19-20 specifies that “his father and mother take hold of him” – excluding people missing a hand; “they bring him out” – excluding people who cannot walk; “they say” – excluding people who cannot speak; “This, our son” – excluding people who cannot see (to identify him); “he does not listen to our voice” – excluding people who cannot hear (their son’s response). They warn him in the presence of a court of three and he is punished with lashes. If he continues to behave improperly, he is judged by a court of 23. He is not stoned unless the original three judges are present, based on the words “this, our son,” meaning “the one who was lashed in your presence.” If the son ran away before the senence was pronounced and subsequently outgrew the age of a ben soreir u’moreh, he is exempt from punishment; if he ran away after the sentence was pronounced and outgrew the age, he remains liable.

Author: Rabbi Jack Abramowitz