Date: Sun, 21 May 2000 23:33:17 -0400 (EDT)
From: Russell Hendel <  rhendel@mcs.drexel.edu>
Subject: Re: Responsibilities Of A Child

QUESTION : How should minors who steal be punished according to Torah law?

ANSWER:  This is a complicated issue with several sides.
It is fully discussed in Rambam Theft 1:7-10 (Note the CAPPED WORDS which
explain why Masters are NOT responsible for damages by slaves...It would
appear that this applies to minors also!?)

<  7)Both men and women must return stolen property. But if the women was
married (without her own property) then her theft remains as a debt which
is payable upon divorce or death of her husband 8) A minor who stole does
not have to pay a fine but we do return the lost object unless it was lost.
In such a case (when the object was lost) the minor is exempt from payment
even after he grows up 9) A slave who stole is exempt from fine AND HIS
MASTER IS ALSO EXEMPT BECAUSE A MAN IS NOT LEGALLY RESPONSIBLE FOR
THE DAMAGES OF HIS SLAVES EVEN THOUGH THE SLAVES ARE HIS PROPERTY...THE
REASON BEING THE SLAVE HAS COGNITION..IF HIS MASTER ANGERED HIM THE SLAVE
WOULD GO & DESTROY PROPERTY AND MAKE HIS MASTER PAY IN REVENGE.  But when the
slave is freed he must pay for the theft 10) The courts should spank
children who steal. Similarly the courts should spank slaves who steal or
cause great damage.>

Russell Jay Hendel; RHendel@Towson.Edu
Moderator Rashi is Simple; http://www.shamash.org/rashi/