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Parshas VaYishlach: Becoming a Bar or Bas Mitzvah No definitive Halacha LeMa'aseh conclusions should be applied to practical situations based on any of these Shiurim. The Torah tells us that after the people of the city of Shechem circumcised themselves in compliance with the wishes of their leader Chamor, who wanted his son Shechem to be able to marry Yaakov's daughter Dinah, two of Yaakov's sons, Shimon and Leivi, took their weapons and attacked the city, slaughtering all the men there (Bereishis 34:25). The Posuk (Ibid.) refers to each of Shimon and Leivi there as an Ish, meaning a man, that is, an adult. The Mishnah in Pirkei Avos (5:21) states that one becomes obligated in Mitzvos at the age of thirteen; Rashi (Ibid. s.v. Ben Shalosh Esrei) explains that this is because at that age, the person is classified as an Ish, and as such is responsible for his actions, and subject to all punishments in the Torah, since there is a Posuk elsewhere in the Torah (Bamidbar 5:6) which implies that one who is an Ish, an adult, is held accountable for his transgressions. Rashi (on Pirkei Avos Ibid.) then adds that it is specifically at the age of thirteen that one becomes classified as an Ish because we know that Shimon and Leivi were thirteen at the time when they destroyed Shechem, and the Posuk in this Parsha (Bereishis Ibid.) already identifies each of them as an Ish. In his commentary on the Gemara in Nazir (29b), Rashi (Ibid. s.v. V'Rebbi Yosi B'Rebbi Yehudah) implies that we have it by tradition that Shimon and Leivi were thirteen at that time; the Tosafos Yom Tov, in his commentary on the aforementioned Mishnah in Pirkei Avos (Ibid. s.v. Ben Shalosh Esrei), works out the calculation of the ages, pointing out, though, as does the Bartenura (Ibid. s.v. Ben Shalosh Esrei), that actually, only Leivi was thirteen at that time, while Shimon was slightly older. Despite these sources, however, the Rosh (Sheilos V'Teshuvos HaRosh Klal 16 Siman 1) states that the fact that the age of thirteen is used as the age when one becomes responsible for Mitzvos is a Halacha LeMoshe MiSinai, and this age is included in the statement of the Gemara in Sukkah (5b) that all amounts and measurements (Shiurim) used in Halacha are based upon a Halacha LeMoshe MiSinai. This point is quoted as well by the Shittah Mekubetzes, printed on the page in the Gemara in Erchin (31b, Ot 8) in the name of Rabbeinu Elchanan, and is agreed to by the Maharil (Sheilos V'Teshuvos Maharil Siman 51) who writes that any references to this in Pesukim, such as that cited above, is merely an Asmachta, a hint or an intimation. The aforementioned Rashi in Pirkei Avos (Ibid.) actually goes on to mention something similar to this, saying that the Halacha LeMoshe MiSinai indicates that one becomes obligated to fulfill Mitzvos with the appearance of certain physical signs of development, and the Rabbanan have determined that these physical signs are present once the boy is thirteen years old. This view seems to be based on the Gemara in Niddah (46a) which speaks of a Chazakah, a valid Halachic assumption, that by a certain age, one has developed the necessary physical signs of maturity. The Gemara in Sanhedrin (69a, and see Ibid. Tosafos s.v. B'Yadua) connects the age of adulthood with the ability to produce seed and procreate, as well as with the visible physical signs. It is worth noting that lbn Ezra (Vayikra 20:9, s.v. Damav) implies that we must simply rely on the tradition of our ancestors in determining the age one becomes a Bar Mitzvah. The Gemara in Erchin (18b) as well as in Niddah (47b-48a), among other places, discusses different Halachos for which age or the passage of a certain number of years is relevant, with the understanding that for certain Halachos, one year is considered to have gone by as soon as the next Rosh HaShanah arrives, and year two begins even though actually only a few days or months may have passed, as presented in the Gemara in Rosh HaShanah (10a-10b) and elsewhere. In other words, sometimes the year in question is a function of the calendar year as counted in the (Jewish) world, and not the year of the particular person or situation. Regarding the moment at which one becomes a Bar Mitzvah, however, the Gemara in Erchin (Ibid.) and in Niddah (Ibid.) says clearly that it depends upon the individual's year, that is, the passage of thirteen full years in the life of the person. In other words, a boy becomes a Bar Mitzvah not on the Rosh HaShanah prior to his thirteenth birthday, but rather on the actual day of his birthday, after thirteen full years of his life have gone by M'eis L'eis, from the time of birth to the time of his birthday. This interpretation actually emerges from the simple reading of the Mishnah earlier in Niddah (45b), and is codified by the S'ma, in his commentary on the Shulchan Aruch (Choshen Mishpat Siman 35 Sif Katan 2), and by the Shulchan Aruch HaRav (Orach Chaim 53:13), among others. The Rambam (Hilchos Ishus 2:21) stresses that a year here does not depend on the solar year or the lunar year (and certainly not the civil calendar year), but rather on the "Jewish" year, as established by the Beis Din, taking into account the passage of leap years, months with an extra day, and so on. A boy born, therefore, on the 16th of Shevat, for example, becomes a Bar Mitzvah on the 16th of Shevat thirteen years later. The problem discussed by many authorities is the question of precisely when on one's thirteenth birthday one becomes a Bar Mitzvah. Does he become a Bar Mitzvah immediately at the beginning of this birthday, that is, in our example above, as the evening of the 16th of Shevat begins, or must he wait for the exact time of day at which he was born thirteen years earlier, literally, before becoming a Bar Mitzvah? The difference would obviously be regarding those Mitzvos which must be done at an earlier point in the day. Tosafos in Niddah (44b s.v. Shloshim and 47b s.v. Kulan) writes that for most Halachos, this literal M'Eis L'Eis, requiring one to wait for the specific moment of the day, is not needed; a boy thus becomes a Bar Mitzvah at the start of his thirteenth birthday, in the evening, regardless of what time of day he was born. Tosafos in Erchin (31a s.v. M'Yom), however, presents both opinions, suggesting that some hold that indeed one must wait until the exact hour of the day in order to have the literal M'Eis L'Eis. The Divrei Chamudos, in his commentary on the Rosh in Niddah (Perek 5 Ot 5), suggests that such in fact is the position of Tosafos in Rosh HaShanah (10a s.v. Hen) where the complete literal M'Eis L'Eis is required. This also seems to be the view of Rav Achai Gaon in the She'iltos (Parshas B'Chukosai, Sheilta 116), since he specifically mentions M'Eis L'Eis; the Netziv, commenting on the She'iltos (HaEmek Sheilah Ibid. Ot 2), writes that had other Poskim seen the She'iltos, they would not have been so inclined to reject this position. Nevertheless, the majority of the Poskim do reject this view, and rule that one becomes a Bar Mitzvah as soon as the day of his thirteenth birthday begins, in the evening. In commenting on the Gemara in Niddah, the Ramban (Chiddushei HaRamban on 47b Ibid. s.v. Ha) and the Rashba (Chiddushei HaRashba Ibid. s.v. Shanah) both write that in order to begin adulthood, one need not wait for the exact moment of the day when one had been born; one thus becomes a Bar Mitzvah when the day itself begins. The Shach, in his commentary on the Shulchan Aruch (Choshen Mishpat Ibid. Sif Katan 1), proves that one becomes a Bar Mitzvah with the arrival of the day of his thirteenth birthday, and this is also the view of the Bach, expressed both in his Teshuvos (Sheilos V'Teshuvos HaBach HaYishanos Siman 145) and in his commentary on the Tur (Orach Chaim Siman 53 s.v. U'MaShekasav Rabbeinu). This is indeed the accepted position, as presented by the Magen Avraham (Orach Chaim Ibid. Sif Katan 13), the Taz (Ibid. Sif Katan 6), the Chayei Adam (Klal 29, Sif 10), the Mishnah Berurah (Orach Chaim Siman 52 Sif Katan 42) and many others. The Noda BeYehudah (Sheilos V'Teshuvos Noda BeYehudah Mahadurah Teninah Chelek Orach Chaim Siman 6) writes that this is the practice followed all over and one may not change it. The Sdei Chemed (Klalim, Ma'areches HaMem Klal 104 Ot 1) quotes many who discuss this, and likewise concludes that this is the accepted practice all over; he then adds (Ibid. Ot 14) that we may follow this practice even for Mitzvos from the Torah, though some take the stricter view for certain Mitzvos. It should be noted that all of the above rules apply as well to a girl becoming obligated to fulfill the Mitzvos, except, of course, that a girl becomes a Bas Mitzvah on her twelfth birthday, not her thirteenth. The Gemara in Niddah (45a) explains that this is because Hashem created women with an extra amount of perception and understanding, which means, apparently, that a girl develops intellectually at an earlier age than a boy; she is thus obligated in Mitzvos at an earlier age. The distinction may also be based on the above cited Gemara in Sanhedrin (69a) which connects adulthood with the ability to procreate; this physical maturity also develops earlier in a girl than in a boy. It is noteworthy that the Midrash in Koheles Rabbasi (Parsha 4 Siman 15) states that it is at the age of thirteen (or twelve for a girl) that the Yeitzer Tov is implanted into a person. If you have any questions or comments, please click here
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