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Text Excerpt
מתני׳ בן סורר ומורה, מאימתי נעשה בן סורר ומורה?
Mishnah: The Torah describes the punishment given to a son who steals money from his parents to eat a gluttonous meal of meat and wine in the company of lowly men. If his parents bring him to court for this act, he is exhorted to desist and is punished with lashes. If he repeats the same misdeed and is again brought to court by his parents within the same 3-month period, he is considered a stubborn and rebellious son [ben sorer umoreh]. He is liable to receive the death penalty, which in this case is execution by stoning. From when does a stubborn and rebellious son become liable to receive the death penalty imposed upon a stubborn and rebellious son?
משיביא שתי שערות, ועד שיקיף זקן התחתון ולא העליון, אלא שדברו חכמים בלשון נקיה. שנאמר: ״כי יהיה לאיש בן״ – בן ולא בת, בן ולא איש. קטן פטור, שלא בא לכלל מצות.
From when he grows two pubic hairs, which are a sign of puberty and from which time he is considered an adult, until he has grown a beard around. The reference here is to the lower beard surrounding his genitals, and not the upper beard, i.e., his facial hair, but the rabbis spoke in euphemistic terms. As it is stated: “If a man has a stubborn and rebellious son” (Deuteronomy 21:18), which indicates that the penalty for rebelliousness is imposed upon a son, but not upon a daughter; and upon a son, but not upon a fully grown man. A minor under the age of 13 is exempt from the penalty imposed upon a stubborn and rebellious son, because he has not yet reached the age of inclusion in mitzvot.