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Lo Ta’achilum? 6                          The Rambam (Maachalot Assurot 17:27), however,
                                                  unequivocally disagrees: 8

        Enabling a minor to violate a Rabbinic prohibition   ןרוסיאש  םירבד  וליפאו  רוסא  םידיב  וליכאהל  לבא"
                                                                             "…םירפוס ירבדמ
        One possible answer is that it is permitted for an
        adult to engage in Sefiyah Beyadayim on Yom Kippur   “But [for an adult] to directly feed a minor [a
        because the Yom Kippur restrictions are only Rabbinic   forbidden food] is forbidden, and even if [the food is
        in origin. Of course, this answer relies on two major   only] forbidden Rabbinically.”
        assumptions, both of which require analysis. First, it   The Torah (Vayikra  16:29) commands that on
        assumes that it is permissible for an adult to administer   Yom  Kippur,  “teanu  et  nafshoteichem,”  “You  shall
        a Rabbinic prohibition to a minor. Second, it assumes   afflict  your  souls.”  Beyond  this  general  injunction,
        that the Yom Kippur restrictions are only prohibited   the Torah does not explicitly proscribe the five
        Rabbinically. Let us explore, in turn, each of these   restrictions of the day. The Talmud (Yoma Chapter 8)
        assumptions.                              extrapolates the five restrictions from various verses

        The Talmud (Yevamot 114a) states that even   and establishes that the severe punishment of Kareit,
        according to the stringent opinion that an adult   spiritual excision, which results from violating the
        must separate a minor from violating the Torah, that   commandment prescribing affliction (Vayikra 23:29),
        is true only regarding a Biblical law, but an adult is   applies only to violating the prohibition against
        not obligated to prevent a minor from violating a   eating and drinking, but not to the other restrictions.
        Rabbinic  prohibition. The  Rashba (Yevamot  114a)   Since the Torah’s punishment of Kareit applies to
        posits that this same hierarchy, namely that Rabbinic   the restriction against eating and drinking, it is clear
        prohibitions are one level more lenient than Biblical   that at least this restriction is Biblically prohibited.
        prohibitions, is also maintained according to the   However, the Rishonim debate the status of the other
        opinion  that  the  Halacha  follows,  that  adults  are   four restrictions. Indeed, there are indications in the
        not obligated to prevent minors from violating even   Talmud that the other four restrictions do not share
        Biblical prohibitions. Only directly causing a minor   the same origin as the restriction against eating and
        to violate a Torah prohibition is forbidden, but it   drinking.  Without  any  Biblical  sources,  the  Talmud
        is permissible to directly cause a minor to violate a   records several leniencies with regard to the other four
        Rabbinic prohibition. Based on this logic, the Rashba   restrictions: a king and a bride are permitted to wash
                                                          9
            7
        rules  that one may cause a minor to violate a Rabbinic   their faces;  a postpartum woman is permitted to wear
                                                             10
        prohibition if doing so is for the benefit of the minor.   leather shoes;  a person suffering from a scalp ailment
        6 An analysis of Rashi’s explanation of the Talmud in Yoma serves to sharpen the question. When the Talmud initially assumed that adults are not
        permitted to directly administer the Yom Kippur restrictions to minors, Rashi (“Inshi”) explains that this assumption is based on the prohibition of Lo
        Ta’achilum as recorded in the Talmud in Yevamot. Thus, when the Talmud reverses its initial assumption in its conclusion, it is unclear how it addressed
        the prohibition of Lo Ta’achilum, of which it was acutely aware initially, according to Rashi.
        7 See, however, Shu”t HaRashba 1:92.
        8 Rav Ovadiah Yosef (Yabia Omer YD 1:4:4) suggests that the dispute between the Rambam and the Rashba about whether or not an adult is per-
        mitted to administer a Rabbinic prohibition to a minor depends on the nature of Rabbinic prohibitions in general. All agree that Torah prohibitions
        are Issurei Cheftza, intrinsically, objectively forbidden. The Rambam believes that Rabbinic prohibitions are also Issurei Cheftza, and the prohibi-
        tion against administering forbidden substances to minors should therefore apply to them as well. The Rashba, however, contends that Rabbinic
        prohibitions are only Issurei Gavra, prohibitions on the person, not Issurei Cheftza, prohibitions on the object. In other words, the Rabbis do not have
        the power to turn an object that is intrinsically permitted according to Torah law into something that is intrinsically forbidden. They can only forbid a
        person from engaging with that object. Thus, it follows that there can be no prohibition for an adult to administer a Rabbinic prohibition to a minor
        because Rabbinic prohibitions are intrinsically permitted and are only forbidden regarding the person. Since the person in question is a minor, who is
        not obligated in Mitzvot, it would not make sense to prohibit the adult from administering the Rabbinic prohibition to him.
        9 Yoma 73b
        10 Yoma 73b





        ןנברמ אברוצ                                                        רופיכ םוי תוכלה · 91
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