The Rebbe's Rambam | Marking the completion of the entire set

Hilchos Melachim | Ch 10

mikln zekld

415

When does this exemption from penalty apply? If he inadvertently violates one of his command ments and transgresses without intent; for ex ample, if someone cohabits with his fellow’s wife, thinking that she is his own wife or is unmarried. However, if he knew that she was his fellow’s wife, and did not know that she was forbidden to him, rather he thought that this matter was permitted for him; or similarly, if he murdered someone without knowing that it was forbidden to murder, he is considered close to an intentional violator and is executed. This is not considered an inadvertent violation for them, because he should have studied his rele vant laws and he did not study. A descendant of Noach who was coerced by a powerful person to violate one of his command ments is permitted to violate it . Even if he was coerced to worship idols, he may do so, because they are not obligated in kiddush Hashem [sacri ficing one’s life to honor Hashem’s name] . [91] Pen alties are never administered for these violations to their minors, nor deaf-mutes or mentally deranged persons, because they are not obli gated to fulfill commandments.

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 91. “Penalties are never administered . . . to their minors” What is the source for bar mitzvah — that a boy at age thirteen reaches adulthood? Famously, two answers are suggested: 1. Shimon and Levi destroyed the city of Shechem when they were thirteen, and the Torah states that “each man took his sword….” 295 This indicates that they were considered adults. 296 2. It is a Halachah L’Moshe M’Sinai (a law transmitted to Moshe at Sinai) which was passed down orally. 297 This dispute has significant ramifications when de

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Pardes Hamelech

termining the age of adulthood for a ben noach : 298 As the Rambam explained earlier, the regular shiurim (halachic measurements) do not apply to b’nei noach . 299 Therefore, if the age of thirteen is a Halachah L’Moshe M’Sinai without logical basis, it has no bearing on a ben noach . That would mean that each child must be evaluated for signs of maturity, without exact guidelines that pertain to everyone equally. If, however, the first opinion is correct, the maturity of age thirteen would seem to be a natural phenomena which applies to all human beings equally. Therefore, it would apply to bnei noach as well. Likkutei Sichos vol. 10 pg. 70

.295 .äë ,ãì çìùéå .296 .(á ,èë) øéæð é"ùø .297 'éñ ì"éøäî ú"åù .íù úåáà é"ùøáù 'áä 'éô .æè ììë ù"àøä ú"åù

.àîìòá àúëîñà àìà äðéà áåúëäî 'éàøä ,íúèéù éôìå .àð .298 .291 'ò å''èç .421 'ò ä"ç ù'"å÷ì ë"â ,ãàø .299 .é"ä è"ô