Introduction Chapter eight deals almost exclusively with the wayward and rebellious son mentioned in Deut. 21:18-21. According to this famous passage in the Torah, if parents have a son who does not obey their words they may take him to the elders of the city, pronounce him to be wayward and rebellious and the child will be punished through stoning. Much can be said about this passage and indeed it sounds quite harsh to our modern ears. The Rabbis too seemed to be troubled by the passage and dealt with it in three different ways: 1) there is one strain of thought in Rabbinic sources which says that this law was never fulfilled. In other words, there never was a rebellious and wayward son who was stoned. 2) Although we may not understand the passage it is God’s word and we have no right to question it. 3) The rebellious son is not punished because of his prior actions but rather to prevent him from becoming a worse menace to society.
A wayward and rebellious son: at what age does he become liable [to be stoned]? a) From the time that he produces two hairs until the beard is full—by which is meant the hair of the genitals, not that of the face, but the Sages used euphemisms—, for it says, “If a man has a son” (Deut. 21:18) a son, but not a daughter; ‘a son’, but not an adult man. b) The minor is exempt, since he does not come within the scope of the commandments. This mishnah deals with the age that a boy must be in order for him to be stoned as a wayward and rebellious son. Section a states that he must have already have reached the beginning stages of puberty but not have reached adulthood. Through a midrash on the opening verse, “If a man has a son” the Rabbis conclude that the passage in Deuteronomy relates to a son and not a daughter, to someone who still acts as the son of his father but not to an adult who is already beyond the strict authority of his parents.
Section b states that the minor is exempt, since he is not obligated for commandments. Taken in its totality the mishnah severely limits the age at which a child can be punished as a wayward and rebellious son. We are probably talking about a time period of about six months.