השיקולים בקביעת הלכות עינוי קטן ביום הכיפורים

The Affliction of Minors on Yom Kippur Rabin Shushtri, Bar-Ilan University Abstract In this article, I examine the development of the halakhic laws regarding the affliction of minors, and the considerations in determining said law. We have ancient testimonies that claim that minors were afflicted on Yom Kippur in accordance with the ancient tannaitic law that states that a minor is obligated to undergo all afflictions that he can fulfil. However, the Mishnah nonetheless determines that minors cannot be afflicted on Yom Kippur. An analysis of the Mishnah reveals that it is referring only to fasting, meaning that although the minor is obligated to undergo all other afflictions, he is permitted to eat. The consideration that led to this was cruelty towards minors via affliction, and the prevention thereof. In the Tosefta and the Babylonian Talmud we see a later opinion that exempts the minor from all afflictions, even those that he can fulfil, but forbids an adult from helping him transgress. In accordance with this later opinion, the laws regarding afflicting a minor are more like standard laws regarding minors in other commandments. The Talmuds discuss the laws of afflicting a minor on Yom Kippur. The Babylonian Talmud proposes three Amoritic opinions regarding education. These methods have multiple textual versions, but an analysis of all the opinions on a general level reveals that the main textual strain is that of Rav Nachman, which survived in three different versions. An analysis of the different versions in comparison with the Talmudic passage shows that the corrections of Rabbi Nachman's opinions occurred in ancient times and influenced the editing of the Talmudic passage to adapt it to the new opinion. The purpose of this changes was to reduce the standard length of education from two years to one and was done to minimize the affliction of minors as well.