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The Talmud, by Joseph Barclay, [1878], at sacred-texts.com


p. 194

CHAPTER VIII.

1. A son stubborn and rebellious. 1 "From what time is he decidedly a son stubborn and rebellious?" "From the time the two hairs have come, and up to the time the beard has sprouted; but the Sages spoke in modest language. As is usually said, when a man has a son—a son, but not a daughter; a son, but not a man; a child as yet free from coming under the rule of the commandments."

2. "From what time is he guilty?" "From the time he ate three quarters of a pound of flesh, and drank half a log of Italian wine." R. José said, "a pound of flesh and a log of wine." "He ate it in an appointed feast; he ate it in the intercalary month; he ate it during the second tithes in Jerusalem; he ate of a carcase and of things torn, abominable things and creeping things; he ate of that which had not paid tithes, and the first tithes before the heave-offering was separated from them, and the second tithes and holy things which were not redeemed; he ate of a thing which is commanded, and of a thing which is a transgression; he ate every kind of meat, but he did not eat flesh; he drank every kind of fluid, but he did not drink wine?" "He is not a son stubborn and rebellious till he eat flesh and drink wine," as is said, "A glutton and a drunkard;" 2 and even though there is no conclusive evidence, there is a memorial to the matter, as is said, "Be not among winebibbers; among riotous eaters of flesh." 3

3. "If he steal it from his father, and eat it (with permission) on the property of his father; from others, and eat it on the property of others; from others, and eat it on the property of his father?" "He is not a son stubborn and rebellious till he steal it from his father and eat it on the property of others." R. José, the son of R. Judah, said, "till he steal it from his father and from his mother."

4. "If his father desires (his punishment), and his mother does not desire it; his father does not desire it, and

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his mother does desire it?" "He is not declared a son stubborn and rebellious until both of them desire it." R. Judah said, "if his mother was not suitable for his father, he is not declared a son stubborn and rebellious." "One of them was broken-handed, or lame, or dumb, or blind, or deaf?" "He is not declared a son stubborn and rebellious," as is said, "'Then shall his father and his mother lay hold on him,' 1 which is impossible if they be broken-handed; 'and bring him out,' which is impossible if they be lame; 'and they shall say,' which is impossible if they be dumb; 'this our son,' which is impossible if they be blind; 'he will not obey our voice,' which is impossible if they be deaf. They must warn him before three judges, and then flog him." "He returned to his bad habits?" "He is to be judged before twenty-three judges, but he is not to be stoned till the three first (judges) are present, as is said, 'this our son' who was flogged before you." "He ran away before his judgment was finished, and afterwards came to puberty?" "He is free." "But if he ran away after the decision and then came to puberty?" "He is guilty."

5. A son stubborn and rebellious is judged for the sake of his future prospects. The law says, "better die when he is innocent, and not die when he is guilty." The death of the wicked is pleasant for them, and pleasant for the world; but the death of the righteous is evil for them, and evil for the world. Wine and sleep are pleasant to the wicked, and pleasant to the world; but for the righteous, it is evil for them, and evil for the world. Separation for the wicked is pleasant for them, and pleasant for the world; but for the righteous, it is evil for them, and evil for the world. Union for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world. Rest for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world.

6. If one engaged in burglary, he is judged for the sake of his future prospects. "He engaged in burglary and broke

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a barrel?" "If the owner might not kill him, he must pay for the barrel; but if the owner might kill him, he is freed from paying for the barrel."

7. These are they who are rescued 1 with their souls,—he who pursued after his companion to kill him, and one after a betrothed girl. But one about to profane the Sabbath, and one about to serve idols, such cannot be saved with their souls. 2


Footnotes

194:1 Deut. xxi. 18.

194:2 Deut. xxi. 20.

194:3 Prov. xxiii. 20.

195:1 Deut. xxi. 19, 20.

196:1 i.e. they are saved from crime by immediately depriving them of life. This summary mode of procedure was called "the rebel's beating." It was a kind of Lynch law inflicted by the people at once. John viii. 59.

196:2 As the former class of intending criminals could at once be killed, so this latter class must be guilty of the act, and they are then judged for it.


Next: Chapter IX