More Discussions for this daf
1. Kidushei Cheresh 2. The Din of a Katan 3. Aba Shaul
DAF DISCUSSIONS - YEVAMOS 114

Michael J Rubin asks:

How do we look at the maaseh of one who triggers or even gets a kotton to do something for his own interest but the kotton does it totally for himself (from his perspective):

One example might be a father who gives a kid a candy to carry and eat in the street or toy to hold on shobbas. The father wants the kid to have something to hold and agree to walk out the door so the kid will comply. The kid is not "carrying it for the parent" per se, at least from his own perspective.

Another might come up in the realm of shlichus perhaps? How to treat the significance of an act done by a kotton that wasnt presented to him ad a shliach?

The question recently came up in my shul in the realm of hilchos shobbas issue above and i am wondering if there are other parallels as well.

As an aside if the kid is very young, realizes he is carrying but not the implications of carrying as a significant halachic act conceptually can an additional arguement ve made that this is not mikehes machsheves? (Unlike other melachos, the act is not the melacha per se but the circumstances in which it is performed, ie carrying into a backyard or within an eruv would not be a melacha at all even though it is indistinguishable).

Michael J Rubin

The Kollel replies:

Your question is very deep, and answering it would require more than the usual response to a question. However, I will first refer to the last point you made. Chazal (Chulin 13a) state that a Katan's act is valid but his intention cannot be derived from his actions, at least as far as d'Oraisa requirements are concerned. Rav Elyashiv zt'l asks in his comments on this Daf how a Katan could place Sechach on the Sukah, since his intention may be to protect from rain and not just to provide shade from the sun, and this is Pasul according to some opinions.

Apparently, this rule could also be used for a leniency regarding Hilchos Shabbos, since -- as you correctly noted -- it would require Meleches Machsheves, and a very young person does not understand the significance of the action he is performing.

However, a parent cannot willfully lead a child on to performing a Melachah. This is because parents are commanded regarding the Melachos of their children, since it says "Atah u'Vincha" and the Mechilta says that this refers to children. Parents are not warned to prevent their very young children from doing Melachah, but they must not encourage those children to do Melachah (see Orach Chayim 343). A parent may even place a child into a situation where he may perform a Melachah, as long as he is under 3 and is not being commanded to perform the Melachah.

However, in a case when an older child is doing an act for his own purposes, there is a dispute between the Sefas Emes and Rashi. The Sefas Emes learns that even when a child acts for himself, if the father is aware of his act he must prevent him from doing Melachah. However, Rashi (Yevamos 114a) clearly implies that when a child acts for himself and not for others, there is no need to prevent him from doing the act.

As for giving a child a candy in the house knowing that he will eat it outside, this would be permitted for a very young child (under 3), and some Poskim even allow this for an older child since nowadays we do not have a Reshus ha'Rabim d'Oraisa (see Chidushei ha'Rim's Teshuvos #3, and Meshiv Davar 1:20).

Yoel Domb