In the year 2054 in Washington, D.C., capital crime has been virtually eliminated. A specialized police unit uses methods that allow them to predict homicides before they occur. This unit, when notified that a crime will happen in the future, springs into action to arrest the future perpetrator and place them in an electrically-induced coma. This is the premise of the 2002 movie Minority Report, which explores the themes of free will vs. determinism and the ethical implications of preemptive justice.
In this week’s parsha, we experience similar thematic questions in regard to the ben sorer u’moreh, the wayward and rebellious son. According to the Torah, this young man doesn’t listen to his parents and is a זוֹלֵל וְסֹבֵא, “a glutton and a drunkard.” They bring him to the elders, and he is put to death. Our sages grapple with the death penalty imposed for behavior that is certainly defiant and deviant, but seemingly not deserving of capital punishment.
The Mishna in Sanhedrin explains that בֵּן סוֹרֵר וּמוֹרֶה נִדּוֹן עַל שֵׁם סוֹפוֹ, “the wayward and rebellious son is judged based on [what he will do] in the future,” and Talmud Sanhedrin (72b) elaborates in the name of Rav Yossi the Galilean:הגיעה תורה לסוף דעתו של בן סורר ומורה שסוף מגמר נכסי אביו ומבקש למודו ואינו מוצא ויוצא לפרשת דרכים ומלסטם את הבריות, “The Torah anticipated the ultimate mindset of the wayward and rebellious son: That in the end he will squander his father’s property, and then, seeking what he had become accustomed to but not finding it, he will go out to the crossroads and rob people.” Is the Torah recommending preemptive justice? Can we definitively predict that this rebellious young man will definitely become a criminal? What about free will, and our belief in people’s ability to change and grow?
And what of the statement of Rav Yitzchak in Talmud Rosh HaShanah (16b):אֵין דָּנִין אֶת הָאָדָם אֶלָּא לְפִי מַעֲשָׂיו שֶׁל אוֹתָהּ שָׁעָה, שֶׁנֶּאֱמַר: כִּי שָׁמַע אֱלֹהִים אֶל קוֹל הַנַּעַר בַּאֲשֶׁר הוּא שָׁם, “A person is judged only according to his deeds at the [current] time [e.g., not for future actions], as [the verse] says [regarding Yishmael]: ‘For G-d heard the voice of the lad as he was [in that moment].'” On this same verse, the Medrash discusses the question of preemptive justice; the angels noted that Yishmael and his descendants would act wickedly in the future. But G-d replies that he only judges man in his current state, and not based on future actions.
In the words of Rabbi Jonathan Sacks in Covenant and Conversation, “Only the certainty that a juvenile delinquent will grow into a murderer can justify punishing him now to prevent acts he may commit in the future. But because we are free, and because even the most hardened criminal can repent and change, there can be no such certainty in human affairs. A stubborn and rebellious child may grow into a responsible adult.”
So what’s the story with the ben sorer u’moreh? The Talmud in Sanhedrin (71a) quotes a Baraita that statesבן סורר ומורה לא היה ולא עתיד להיות ולמה נכתב דרוש וקבל שכר, “There has never been a wayward and rebellious son and there never will be. And why is it written [in the Torah]? So you will expound upon it and receive reward.” Yes, in theory this situation could occur—but in reality it never would.
I would like to suggest that the Torah is highlighting the factors that could potentially contribute to the classic ben sorer u’moreh—incorrigible and beyond hope—and conversely, the factors that open up the possibility of his development and growth into an upstanding member of society.
Who are the key individuals involved in this story, aside from the deviant lad himself? His mother and father. And what is their response to his behavior? They bring him to the elders in order to have him condemned to death! His parents, the individuals who are meant to see the best in him, to raise him, and to support him have given up hope and given up their responsibility to act as loving parents. According to Maimonides, the parents even bring witnesses to attest to their son’s crimes! No wonder this young man has no chance. Even his parents cannot (or will not) support him, and see beyond his bad behavior! According to Talmud Sanhedrin (88b), בן סורר ומורה שרצו אביו ואמו למחול לו מוחלין לו, “A ben sorer u’moreh whose parents want to forgive him, he is forgiven.” So in essence, it is not only the behavior and attitude of the ben sorer u’moreh that determines his fate, but also the behavior and attitude of his parents.
When it comes to preemptive justice, in the words of Rabbi Sacks, “We do not condemn people for what they may become. We judge them for what they are.” But as parents, grandparents, and educators, we do more. Our role in ensuring that growth is possible for those around us is that we believe, we encourage, we hope, and we see potential. In that way, we ensure that all of our children—as well as all members of our families and our communities—are supported to continue to grow and become their best selves. | 
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