תלמוד בבלי
תלמוד בבלי

הלכה על סנהדרין 139:5

Sefer HaChinukh

From the laws of the commandment is that which they, may their memory be blessed, said (Sanhedrin 70a) that a rebellious son is not liable until he steals from his father and buys meat and wine on the cheap; he eats them outside of his father's domain in an assemblage where they are all empty and lowly people; he eats meat raw but not [fully] raw, like the thieves are wont to eat, and drinks the wine diluted but not [fully] diluted, like the guzzlers are wont to drink; and he eats the weight of fifty dinar of this meat in one mouthful and drinks half a log of this wine at once. And that which they said (Sanhedrin 70a) that if he eats this ugly eating from forbidden meat or on a day that it is forbidden to eat - and even on a rabbinic fast - he is not liable, as it is stated (Deuteronomy 21:20), "he does not listen to our voice" - one who only transgresses their voice with this eating, to exclude this one that also transgresses words of Torah. And that which they said, if he ate from any other food but did not eat the meat of a [domesticated] beast [or] drank from any drink but did not drink wine, he is exempt. And the reason is from the root that we wrote, as the nature [of a person] is not drawn to anything so much as to these. And the law of how we judge him, how they warn him (Sanhedrin 71a) and how we proclaim about him. And that which they said (Sanhedrin 71a) that the law of the rebellious son is not enacted unless both the father and the mother want it, as it is stated (Deuteronomy 21:19), "And his father and mother shall grab him." And if one of them was stump-armed or mute or blind, he is not made a rebellious son, as it is stated, "shall grab him" - and not stump-armed people; "and bring him out" - and not lame people; "And they shall say" - and not mutes; "This son of ours" - and not blind people; "he will not obey our voices," - and not deaf people. And because of all these matters, there were some of the Sages that said in the Gemara that the law of the rebellious son was never executed. But there is one that testified that he saw him and even sat on his grave. And that which they said (Sanhedrin 71a) that at the beginning we lash him, as it is stated, "and they disciplined him" - and they, may their memory be blessed, explained "they disciplined him" is lashes. And the rest of its details are in the eighth chapter of Sanhedrin.
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