וְתָ֥פְשׂוּ ב֖וֹ אָבִ֣יו וְאִמּ֑וֹ וְהוֹצִ֧יאוּ אֹת֛וֹ אֶל־זִקְנֵ֥י עִיר֖וֹ וְאֶל־שַׁ֥עַר מְקֹמֽוֹ׃
maka ayahnya dan ibunya harus memegangnya dan membawanya keluar kepada para tua-tua kotanya, ke gerbang tempat kediamannya,
German Commentary
wenn beide es wollen. Denn es heisst (Deut. 21, 19): „Es sollen ihn sein Vater und seine Mutter ergreifen“.
English Explanation of Mishnah Sanhedrin
If his father wants [to have him punished], but not his mother; or his father does not want [to have him punished] but his mother does, he is not treated as a ‘wayward a rebellious son’, unless they both desire it. Rabbi Judah said: “If his mother is not fit for his father, he does not become a ‘wayward and rebellious son”. Deut. 21:19 states, “His father and mother shall take hold of him”. On this one verse the Rabbis made a number of restrictions on the applicability of the case of the wayward and rebellious son. First of all, a most basic understanding of this verse states that both the father and mother must agree to the punishment. This is to prevent one parent from punishing the child without the consent of the other parent. Rabbi Judah learns something slightly more complicated from this verse. He states that if the woman was not “fit” for her husband, the child cannot be punished. One explanation for the word “fit” is that the marriage was a forbidden marriage (for instance a Kohen and a divorcee). A different explanation is that the she was not equal to him in height and appearance. This requirement would then make it almost impossible for a child to become a wayward and rebellious son. After all, how many parents look exactly alike.
English Explanation of Mishnah Sanhedrin
If one of them [his father or his mother] had a hand cut off, or was lame, mute, blind or deaf, he cannot become a “wayward and rebellious son”, because it says “his father and mother shall take hold of him” (Deut. 21:19) not those with a hand cut off; “and bring him out”, not lame parents; “and they shall say”, and not mute parents; “this our son”, and not blind parents; “he will not obey our voice” (Deut. 21:20), and not deaf parents. This section contains a midrash which excludes children of certain types of parents from being able to be punished as wayward and rebellious. The aforementioned verse states that the parents shall “take hold of him”: this means that a parent who has only one hand cannot fulfill the procedure and therefore his/her child cannot be punished as a wayward and rebellious son. The verse states that the parents must “take him out”: therefore parents with physical disabilities (probably unable to walk) cannot fulfill the procedure. They must make a statement: therefore the parents cannot be mute. They must point him out when they say, “This son of ours”: therefore they cannot be blind. Finally, they must both hear each other’s voice so that they know that he disobeys both of them: therefore they cannot be deaf.