Power of Midrash ~ Midreshei Halachah III ~ Two rebels among us

(18) If a man has a son, rebellious and disobedient, who does not listen to his father's voice nor his mother's voice and even after they discipline him he does not listen, (19) his father and mother shall take hold of him and bring him out to the elders of his town at the gates of his place. (20) They shall say to the elders of his town, “This son of ours is rebellious and disobedient, he does not listen to our voice, he gluts and guzzles!” (21) Thereupon the men of his town shall stone him to death. Thus you will sweep out evil from your midst: all Israel will hear and be afraid.

If a man has a son (rebellious and disobedient) (Devarim 21:18) - and not if there is a son for the son. "A son" - and not a daughter. "A son" - and not a man. A minor is exempt, for he is not obligated in (the observance of) mitzvot. "Sorer" ("who turns astray") "umoreh" ("and who teaches"): two times. Sorer: an imbecile. [He turns astray from the Torah] Umoreh - and he teaches himself a different way. "He gluts and he guzzles" - Just because he ate his father's money he is [branded] a rebellious and disobedient son [and so] must die?! Rather, he is judged based on his future behavior - better he die while innocent and not culpable [for more severe sins]. His father desired a captive woman and brought an accuser into his home, and his son turned out rebellious and disobedient. His end is to kill him in an unnatural way, as it states (v. 22) "And if there be in a man a sin whose judgment is death, then he shall be put to death..."). Another interpretation: "sorer": against the words of his father, "umoreh": against the words of his mother. "sorer": against the words of the Torah; "umoreh": against the words of the prophets. "sorer": against the words of witnesses; "umoreh": against the words of judges. R. Yashiah said: Three things were told to me by R. Zeira in the name of the men of Jerusalem: A sotah (a woman suspected of infidelity) — if her husband wishes to forgive her, he may do so. A sorer umoreh — if his father and mother wish to forgive him, they may do so. An elder who rebels against beit-din — if his colleagues wish to forgive him, they may do so. And when I came and presented this to R. Yehudah ben Beteira, with two he agreed, and with one he did not agree. With (what was stated concerning) sorer umoreh, and with sotah, he agreed. With an elder who rebels against the beit-din, he did not agree — because this would multiply disputes in Israel. "Does not listen to the voice of his father and the voice of his mother": Is it possible [that this applies] even if his father and mother told him to light a candle and he refused? [No] the text says "he does not listen" here — [and] "he does not listen" elsewhere (v. 20) (gezeirah shavah). Just as "he does not listen" there — "gluts and guzzles" so, "he does not listen" here — "gluts and guzzles". R. Yossi ben R. Yehudah says: He is not liable (for this) until he steals (what he consumes) from his father and from his mother. "And they discipline him": with blows [whipping]. "And he does not listen to them": This teaches that he is flogged in the presence of three.

"And his father and mother shall take hold of him" (Devarim 21:19): We are hereby taught that he is not liable unless he has a father and a mother. These are the words of Rabbi Meir. Rabbi Yehudah says: If his mother were not fit for (similar to) his father, he does not become "rebellious and disobedient." "And they shall take him out to the elders of his city and to the gates of his place": This is a mitzvah [only] on the elders of the city. "And they say to the elders of the city: This one, our son" - this one who was whipped before you - this teaches if one of them [judges] had died, he was not stoned. If one of them [the parents] had a limb cut off, or lame, or mute, or deaf, or blind - he does not become "rebellious and disobedient" as it says "they seize him" - and not someone without a limb. "And bring him out" - and are not lame. "And they say" - and not mute. "This one, our son" - and not blind. "Does not listen to our voice" - and not deaf. They warn him before three (judges) and whip him. If he reverted to his wrong, he is judged by twenty-three, but he is not stoned unless there be among them the first three, it being written "This one, our son," who was whipped before you. "Gluts and guzzles": glutting on flesh and guzzling wine. Even though there is no proof for this, there is intimation of it in (Proverbs 23:20) "Do not be among the guzzlers of wine, among the glutters of flesh for themselves" and in (Ibid. 21) "For the guzzler and the glutter will be poor, and the slumberer will wear tatters."

(Devarim 21:21) "Then all the people of his city shall stone him": Now do all the people of his city stone him? The intent is, rather, in the presence of all the people of his city. "with stones": I might think, with many stones; it is, therefore, written "with a stone." I might think with one stone; it is, therefore, written "with stones." How so? If he does not die with the first stone, he will die by a second. R. Yossi said: Now is this one stoned because he ate a tartimar of flesh and drank half a log of wine? Rather, the Torah probed to the "end" of this one, and said: "Let him die innocent, and let him not die guilty." For the death of the wicked is beneficial for them and beneficial for the world. What is bad for the righteous is bad for them and bad for the world. Wine and sleep for the wicked is good for them and good for the world; for the wicked, bad for them and bad for the world. Quiet for the wicked is bad for them and bad for the world; for the righteous, good for them and good for the world. The father of this one desired a yefath toar (a woman of beautiful form), and he brought the Satan into his house and his son became a sorer umoreh, whose end is to die a violent death, it being written (following) "And if there be in a man a sin whose judgment is death, then he shall be put to death." "and you shall remove the evil": Remove the doers of evil from Israel.

"When a man has a son, rebellious and disobedient". Son - close to adulthood, but not an adult; a minor is exempt, since he did not come under mitzvot. From here the sages have said: when does he become a rebellious and disobedient son? From the time between two hairs [appear below] and all the hair below encircles, encircling the chord and not encircling the eggs. And all this period does not extend over three months.

"He does not listen to the voice of his father and the voice of his mother - He does not become "rebellious and disobedient" unless both of them want it.

"They discipline them" - they warn him in front of two and whip him in front of three, and if after he was whipped he does not listen to the, they force him to go to the beit din, as it is written "and his father and mother seize him." (v. 19)

If one of them lost a limb, or was lame, or was mute, or was blind, or was deaf he does not become "rebellious and disobedient", as it is written "his father and mother seize him." And not people without a limb. "And bring him out" and not lame; "and they say to the elders of his city" and not mute; "this is our son" and not blind; "he does not listen to our voice" and not deaf.

"Gluts and guzzles" - he does not become a "rebellious son" unless he ate meat and drunk wine, since it says "gluts and guzzles", and it is written "do not be among those who guzzle wine and glut on meat" (Prov. 23:20)

And when does he become liable [to be a "rebellious son"]? From the moment he eats half a portion of meat and drinks a log of wine, of Italian wine.

"All the people of his town will stone him with stones" - And because this one ate half a portion of meat and drunk a log of wine he is stoned? Rather, the Torah is getting to the end of a "rebellious" son's mind, that [the] end is to come to the possessions of his father, and he [the father] searches for his [the son's] learning and finds nothing, and he [the son] goes out to the crossroads to rob people; and so the Torah says 'it is better if he dies innocent rather than guilty'.

"disputes": These are (questions concerning) giving the draught to the sotah, the breaking of the heifer's neck, and the cleansing of the leper.