Ben sorer umoreh (a rebellious son): From when does one become "a rebellious son?" From the time he brings two hairs, [when he is thirteen years and one day old; for before this time, hairs are not a sign (of maturity), but only fuzz] until he is "circled" by a beard. The lower and not the upper [i.e., this "beard" spoken of by the rabbis is the lower, that circling the penis], but the sages speak euphemistically, viz. (Deuteronomy 21:18): "If there be to a man a son…" — a son, and not a daughter; a son, and not a man. A minor is not liable, not having entered the realm of mitzvoth. [When he is "circled" by the lower beard, he is a man. And even though he is called a "son" when he is a minor, we cannot hold him liable before he brings two hairs, a minor being exempt, not having entered the realm of mitzvoth. For this reason, his liability begins thereafter. The verse is understood thus: "If there be to a man a son" — a son close to the estate of man. But when he is circled by the lower beard he is already a man.]

From when is he liable? When he eats half a manah (a portion) of meat, [this, when the meat is half-cooked, as the robbers eat it] and drinks half a log of Italian wine, [choice wine, that he becomes habituated to and which he drinks half-diluted.] R. Yossi says: A manah of meat and a log of wine. [The halachah is not in accordance with R. Yossi.] (In the following instances he does not become a ben sorer umoreh): if he ate (meat and wine) in a mitzvah repast; if he ate at the intercalation of the month [Even though they serve only bread and pulse alone, and he brought meat and wine, since he is engaged in (the performance of) a mitzvah, he will not become habituated to it.]; if he ate second-tithe in Jerusalem [Since it is in keeping with the mitzvah, it being stated in that regard (Deuteronomy 14:26): "…of cattle, flocks, wine, and strong drink," he will not become habituated to it]; if he ate carrion and treifah, abominations and reptiles, [it being written (Deuteronomy 21:20): "…not heeding our voice," and not this one, who does not even heed the voice of the L rd]; if he ate tevel (untithed food), first-tithe whose terumah had not been taken, second-tithe and hekdesh (dedicated food) which had not been redeemed; if he ate something which is a mitzvah [of the rabbis, to include the mourners' consolation meal. (For I might assume that "mitzvah repast," above, referred to Cohanim eating dedicated food or the eating of the Paschal lamb)], and something which is a transgression [to include (eating on) a communal fast, forbidden by the rabbis]; if he ate any food (against his parents' wishes), but did not eat meat; if he drank any drink, but did not drink wine — he does not become a ben sorer umoreh, until he eats meat and drinks wine, it being written (Deuteronomy 21:20): "a glutton and a guzzler." And even though there is no proof for this, there is corroboration for it in (Proverbs 23:20): "Do not be among the guzzlers of wine and the gluttons of meat for themselves."

If he stole from his father and ate in his father's domain] Even though he can commonly steal something from his father, since he eats it in his father's domain, he is always in fear of being seen by his father and will not persist in his stealing.]; (if he stole) from others and ate in the domain of others [(It is not common for one always to be able to steal from others, and he will not become habituated to it.)], (if he stole) from others and ate in his father's domain — he does not become a ben sorer umoreh, until he steals from his father, [from whom he can commonly steal] and eats in the domain of others, [where he is not in fear of his father, so that he definitely becomes habituated to stealing.] R. Yossi b. R. Yehudah says: (He is not liable) until he steals from his father and from his mother, [from property that her husband has no rights in, as when another gave her property as a gift on condition that her husband has no rights in it. The halachah is not in accordance with R. Yossi b. R. Yehudah.]

If his father wanted (to have him declared a ben sorer umoreh), and his mother did not; or if his father did not want it and his mother did — he does not become a ben sorer umoreh, until both want it. R. Yehudah says: If his mother were not similar to his father [in voice, appearance, and stature], he does not become a ben sorer umoreh, [it being written (Deuteronomy 21:20): "He does not heed our voice." Since it is not written "our voices," the implication is that they both have "one" voice. And since their voices must be similar, so must their appearance and stature be similar. The halachah is not in accordance with R. Yehudah.] If one of them were gidem [(if his hand were cut off)], or lame, or mute, or blind, or deaf, he does not become a ben sorer umoreh, it being written (Ibid 19): "Then his father and mother shall seize him" — and not gidmin. (Ibid.): "And they shall take him out" — and not lame. (Ibid. 20): "And they shall say" — and not mute. (Ibid.): "This, our son" [The implication is that they show him] — and not blind. (Ibid.): "He does not heed our voice" — and not deaf. [If he said to them: "I do not accept what you say," they do not hear him. And even though they see afterwards that he does not do as they commanded, still, "He does not heed our voice" implies that they say he does not heed them when they speak, hearing him say that he does not accept what they say.] He is warned before three and given stripes. [This is the intent: He is warned before two not to persist (in his behavior). And if he does not heed them, he is given stripes before a beth-din of three, as taught above (1:2): "Stripes, by three." For "And they shall chastise him" in respect to ben sorer umoreh (Deuteronomy 21:18) refers to stripes, it being written here: "ben sorer umoreh," and, elsewhere (Ibid. 25:2): "And it shall be, if bin of stripes is the wicked one."] If he reverts to his evil ways, he is judged by twenty-three, and he is not stoned until the first three are present, it being written (Ibid.): "This, our son — this one, who received stripes in your presence. [And even though this is required for "'This,' and not blind" (see above), if the only teaching were for "received stripes in your presence," it could have been written: "He, our son." Why "This, our son"? To teach both.] If he fled before his judgment were concluded and then were "encircled with the lower beard," he is not liable. [For if he were to commit his trespass now, he would not be liable to stoning.] And if he fled after his judgment had been concluded and then were "encircled with the lower beard," he is liable. [He is like "a killed man," and he is liable even after many years.]

A ben sorer umoreh is judged by his end. [In the end he would exhaust his father's money, seek his accustomed fare and not find it, and go out to the crossroads and rob people. The Torah said:] Let him die innocent (of bloodshed), and let him not die guilty. For the death of the wicked is of benefit to them, [for they stop sinning] and of benefit to the world, [leaving it in tranquility]. (The death of) the righteous is evil to them, [for (if they lived longer) they would have added merit], and evil to the world, [for they protected and reproved their generation.] Wine and sleep for the wicked is of benefit to them and of benefit to the world. [For so long as they eat and sleep, they do not sin and they do not harm others.] (Wine and sleep) for the righteous is detrimental to them, [for they do not study Torah], and detrimental to the world. [For when they leave off (studying Torah), punishment comes to the world.] The "scattering" of the wicked [i.e., their being kept apart, so that they cannot counsel and abet each other] is of benefit to them and of benefit to the world. (The scattering) of the righteous is evil for them and evil for the world. The gathering of the wicked is evil for them and evil for the world. (The gathering) of the righteous is of benefit to them and of benefit to the world. The tranquility of the wicked is evil for them and evil for the world. (The tranquility) of the righteous is of benefit to them and of benefit to the world.

One (a thief) who is found breaking in, [about whom the Torah states that he may be killed (Exodus 22:1)] is judged by his end. [For in the end he would kill the owner if he resisted him to rescue his property]. If he broke in and broke a jug — If "he has blood" (i.e., if the owner may not kill the thief), he (the thief) is liable (to pay for the jug). [As with a father who breaks in to his son's house. It is known that the father will have compassion upon his son (and will not kill him), for which reason the son is not permitted to kill him, and if the father breaks a jug, he must pay for it.] If "he has no blood," he is not liable. [With all other men who break in, if the owner kills them, "he has no blood." Therefore, if he breaks a jug, he is not liable to pay for it. For since his life is forfeit, he does not pay, a man not being subject to both death and (monetary) payment.]

And these are the ones who are rescued [from a transgression] by their lives, [all men having the right to kill them to save them from the transgression]: one pursuing another to kill him, [it being written in respect to (the ravishing of) a betrothed maiden (Deuteronomy 22:26): "For as a man would rise up against his neighbor and slay him, so is this thing." Slayer is hereby being likened to betrothed maiden, viz.: Just as a betrothed maiden may be saved by killing the pursuer, so a slayer may be saved (from transgression) by killing him. And betrothed maiden is derived from a verse, viz. (Ibid. 27): "The betrothed maiden cried out and no one could save her," the implication being that if one could save her, he could resort to any means (even killing, if necessary,) to do so.], (one pursuing) a male (to sodomize him [This is derived from (Ibid. 26): "And to the maiden (na'arah) you shall not do a thing." It is written "na'ar" (young man), without the heh. The same applies to all who are liable to kareth and judicial death penalties in the area of arayoth (illicit relations) — that they are rescued (from transgression) by their lives, it being written (Ibid.): "a sin of death": "sin" — kareth liability; "death" — judicial death penalty.], and (one pursuing) a betrothed maiden. But one pursuing a beast, [though this is similar to arayoth], and one who would desecrate the Sabbath or serve idolatry [though both of these deny the Deity] are not saved (from transgression) by their lives. [And, it goes without saying that the other would-be transgressors who are liable to kareth and judicial death penalties not related to arayoth, are not saved by their lives. It is not permitted to kill them at all until they commit the transgression in the presence of witnesses and become liable to judicial death penalty.]