Comentario citado sobre Deuteronómio 21:18

Introduction Chapter eight deals almost exclusively with the wayward and rebellious son mentioned in Deut. 21:18-21. According to this famous passage in the Torah, if parents have a son who does not obey their words they may take him to the elders of the city, pronounce him to be wayward and rebellious and the child will be punished through stoning. Much can be said about this passage and indeed it sounds quite harsh to our modern ears. The Rabbis too seemed to be troubled by the passage and dealt with it in three different ways: 1) there is one strain of thought in Rabbinic sources which says that this law was never fulfilled. In other words, there never was a rebellious and wayward son who was stoned. 2) Although we may not understand the passage it is God’s word and we have no right to question it. 3) The rebellious son is not punished because of his prior actions but rather to prevent him from becoming a worse menace to society.

A wayward and rebellious son: at what age does he become liable [to be stoned]? a) From the time that he produces two hairs until the beard is full—by which is meant the hair of the genitals, not that of the face, but the Sages used euphemisms—, for it says, “If a man has a son” (Deut. 21:18) a son, but not a daughter; ‘a son’, but not an adult man. b) The minor is exempt, since he does not come within the scope of the commandments. This mishnah deals with the age that a boy must be in order for him to be stoned as a wayward and rebellious son. Section a states that he must have already have reached the beginning stages of puberty but not have reached adulthood. Through a midrash on the opening verse, “If a man has a son” the Rabbis conclude that the passage in Deuteronomy relates to a son and not a daughter, to someone who still acts as the son of his father but not to an adult who is already beyond the strict authority of his parents.

This mishnah lists all of those who are executed by stoning and then begins to explain some of the details. Most of these crimes are specifically listed in the Torah as being punishable by stoning. Some are learned through an analogy with other crimes. We will mention the verses for each crime.(1) one who has sexual relations with his mother: Leviticus 18:7, 20:11. (2) with his father's wife: Leviticus 18:8, 20:11. (3) with his daughter -in-law: Leviticus 20:12. (4) with a male: Leviticus 20:13. (5) with a beast: Leviticus 20:15. (6) a woman who commits bestiality with a beast: Leviticus 20:16. (7) a blasphemer: Leviticus 24:15-16. (8) an idolater: Deuteronomy 17:2-5. (9) one who gives of his seed to molech: Leviticus 20:2. (10) a necromancer or a wizard: Leviticus 20:27. (11) one who desecrates the Sabbath: Number 15:35. (12) he who curses his father or mother: Exodus 21:17, Leviticus 20:9. (13) he who commits adultery with a betrothed woman: Deuteronomy 22:23-24. (14) one who incites [individuals to idolatry: Deuteronomy 13:7-11. (15) one who seduces [a whole town to idolatry]: Deuteronomy 13:7-11. (16) a sorcerer: Exodus 22:17, Deuteronomy 18:10. (17) a wayward and rebellious son: Deuteronomy 21:18-21. The rest of chapter seven will deal with the first 16 of these issues.