Answer by Rabbi Chaim Hillel Raskin, Moreh Hora’ah at Beis Horaa of Rechovot, Israel:
It is prohibited to cause any Jewish child of any age to transgress a Torah prohibition even in an indirect manner (e.g. handing them non-kosher food).[1]
However a non-Torah prohibition may be caused indirectly (e.g. handing them cookies with letters on Shabbos so they will eat it).[2]
Whether one may directly cause them to transgress a non-Torah prohibition (e.g. feed them the cookies, dress them with a noisemaking bell) is a dispute amongst rishonim.[3] The halacha is to be lenient for the child’s needs, but not for the child’s pleasure or the needs of an adult.[4]
Common roads which are wider than 16 amos (24 feet) but don’t service 600,000 people daily are under dispute whether carrying there is a Torah prohibition or only rabbinic. The Alter Rebbe records the minhag to consider it rabbinic, but suggests a yerei Shomayim to be stringent.[5]
A father has an additional obligation to train his child in mitzvos from when the child reaches the age of chinuch. This training includes stopping him from performing even rabbinic prohibitions.[6] The age of chinuch for prohibitions is when the child can understand that the action is prohibited.
Some define this as when he understands not to do it again,[7] while others write that he must understand that Jews don’t do it and not only that his parents said “No”.[8] The age is around 3 years old depending on the child’s understanding.[9]
It is forbidden for an adult to walk together with a child who carries something in his hand, since he may drop it and the adult will instinctively pick it up and carry it.[10] If it is in the child’s pocket or if it attached to the child, this concern does not exist.
In practice: To walk outside with even a very young child holding something in his hand is prohibited, lest if fall and the adult will carry it.
To place it in his pocket or to clip it to his clothing is permissible for the child’s needs (e.g. pacifier) but not for any other purpose (e.g. nosh, toys, keys).
Once the child reaches chinuch age, his father must stop him from walking outside with any item.
SOURCES:
1. שוע”ר שמ”ג ס”ט. וראה מג”א סי’ תרט”ז סק”ב.
2. סי’ שמ”ג ס”י.
3. רמב”ם הל’ מאכ”א פי”ז הכ”ז לאיסור, ובשו”ת הרשב”א ח”א סי’ צ”ב להיתר (אך ראה שם שכ’ שהוא להלכה ולא למעשה).
4. שוע”ר סי’ שמ”ג ס”ו, וראה שם סי’ רס”ו ס”י. ולהעיר שישנם מקרים שהתירו לצורך הגדול, ראה שוע”ר סי’ שמ”ג ס”ו ורס”ט ס”ג עיי”ש.
5. שם סי’ שמ”ה ס”ט.
6. ראה שוע”ר סי’ שמ”ו ס”ו בחצע”ג, ובסי’ שס”ב סי”ז.
7. שו”ת חקרי לב או”ח סי’ ס’.
8. שו”ת אז נדברו ח”ו סי’ נ”ז. וראה בס’ חינוך הבנים פמ”ד הע’ כ”ח שהכי משמע לשון רבינו בסי’ שמ”ג ס”ג.
9. חינוך הבנים כהלכתו פמ”ד ס”י.
10. ראה שוע”ר סי’ ש”א סכ”א (ופרמ”ג א”א שם סקל”ג). וראה שם סי’ ש”ט סעי’ א-ב.
Published in Lma’an Yishme’u, a newsletter by Merkaz Anash
Every frum community has one.. I avoid visiting my family in crown heights because there is none.. Not to mention, think about the people who visit CH for shabos who assume that there is an Eruv and then break shabos unknowingly…STOP BEING STUBORN AND BUILD AN ERUV!!!
It’s important to remember that the Alter Rebbe’s guidelines on eruv are very strict, to the extent that most eruvim outside of Israel (and a good few inside E. I.) really shouldn’t be used by Lubavitchers. Seemingly, letting a child carry in an Eruv is different than a public domain, but one should speak to a local Chabad rav in all instances.
Build an Eruv!
A two and a half year old was once asked on shabbos to open the refrigerator, since the light would turn on.
She refused. but the father insisted. She went to open it. but, right before she did so, with tears in her eyes, she said “Baruch hamavdil bein kodesh l’chol”!
the lesson: children are more “in tune” to the holiness of shabbos than you’d ever imagine.