CARR 4-5

CCAR RESPONSA

Contemporary American Reform Responsa

3. Punishment of Minors

QUESTION: What is the status of the minor in Jewish law regarding punishment for serious offenses? (S. Levin, Pittsburgh, PA) ANSWER: It is clear from a wide variety ofstatements that the father is completely responsible for the acts of his minor children. So, minors would not be punished no matter what their crime, but the father would face whatever monetary penalty is appropriate (M. K. 8.4; Yeb. 99b; Hag. 2b; Git. 23a; B. M. 10b; Tur and Shulhan Arukh Hoshen Mishpat 182.1, 348.81, 235.19). In a similar vein, the father is compensated for any injury to his minor children, including the humiliation sustained by them (B. K. 86b). The value lost was figured as if they could still be sold into slavery, as was possible in an earlier period (B. K. 97b). In the case of the seduction of minor females, the fine went to the father (Deut. 22.28). If the culprit married her, he paid no fine (Ex. 20.15). In case of rape, he had to pay a fine, marry her and could never divorce her (Deut. 22.28). The Talmud increased the fine and included psychological damage (Ket. 29a). Individuals above the age of maturity (12 for girls and 13 for boys) are considered responsible and may be punished as adults, but no capital punishment is permitted until the age of twenty (Yad Hil. Genevah 1.10). If damage to property occurs due to the action of a minor, liability is incurred only if proper precautions have been taken by the owner (B. K. 29a, 55b ff; Tur and Shulhan Arukh Hoshen Mishpat 421).December 1981

If needed, please consult Abbreviations used in CCAR Responsa.