hebrew
1)

How can someone who strikes his father be Chayav Misah? How can we be sure that it is his father?

1.

Chulin, 11a: From here we see that we go after the majority ('Zil Basar Ruba') since the majority of Be'ilos (acts of intimacy) are performed by the husband.

2.

Yerushalmi, Kidushin, 10:5: From here we see that Beis-Din sentence to death based on a Chazakah ('Horgin al ha'Chazakos' - since there is a Chazakah that he is the sinner's father).

2)

How do we know that one is Chayav Misah even if one only strikes one's father without killing him?

1.

Sanhedrin, 84b, 84b: Because wherever the Torah is speaking about a stroke that kills, it says so, 1 and here it does not mention death.


1

Sanhedrin (Ibid.): See for example, above, Pasuk 12 and Mas'ei, 35:17.

3)

Why do we need both the current Pasuk and the Pasuk in Kedoshim, Vayikra 20:9 "Ish Ish asher Yekalel es Aviv ... "?

1.

Rashi: We need the current Pasuk to include a woman who curses her parents in the punisment and the Pasuk in Kedoshim to preclude Ketanim.

2.

Sanhedrin, 66a: From the fact that the Pasuk in Kedoshim first juxtaposes "Aviv" ro "Yekalel" and then "Imo" to "Kilel", we learn thatt one is Chayav for cursing even one of one's parents.

4)

Seeing as the Pasuk writes "Mos Yumas" (S'tam), from where do we know that the punishment for cursing one's parents is Sekilah?

1.

Rashi: Because the Torah writes in Kedoshim, Vayikra (20:9), in connection with Mekalel Aviv ve'Imo, "Damav bo", which always denotes Sekilah. 1


1

As Chazal learn from Pasuk 27 there, in connection with Ov ve'Yid'oni, "ba'Even Yirg'mu osam, Demeihem bam" (Rashi and Ramban).

5)

Why is the Din of cursing one's parents (Sekilah) more stringent than that of striking them

1.

Ramban #1: Because it is more common. 1

2.

Ramban #2 and Moshav Zekenim (15) #1: Because the Chiyuv includes mentioning the Name of Hashem in vain, 2 for which the sinner needs to be punished, in addition to having cursed his parents.

3.

Moshav Zekenim (15) #2: The honor of parents is compared to the honor of Hashem, so one who curses them is stoned, like one who curses Hashem. This does not apply to hitting. Riva (16), Da'as Zekenim (16), Hadar Zekenim (16) - also, cursing applies even after death, but striking does not. 3

4.

Oznayim la'Torah #1: Because, whereas someone who strikes his parents does not include Hashem in his act, someone who curses them


1

Since such is the way of fools, who the moment they get angry, they curse the king, their father and their mother. And the more common the sin, the more the sinner needs to be chastised - to stop the sin from going from bad to worse (Ramban).

2

See Targum Yonasan.

3

Da'as Zekenim (16): Why is one stoned for cursing after death? This does not apply to Hashem! We can say that cursing applies to Hashem, and we do not distinguish between in life and after death.

4

See Oznayim la'Torah.

5

See Oznayim la'Torah;

6)

What is the warning not to curse parents?

1.

Moshav Zekenim: The Torah forbids against cursing a judge, king or deaf-mute. We learn from a Binyan Av from all three of them.

7)

How can one be killed for cursing parents? They can pardon him!

1.

Moshav Zekenim #1: They can pardon their honor, but they cannot pardon disgrace.

2.

Moshav Zekenim #2: One is liable only if there were witnesses and warning. After witnesses warned him, parents cannot pardon.

QUESTIONS ON RASHI

8)

Rashi writes that our verse obligates a woman who curses her parents. Why is this needed? Men are equated to women for all punishments in the Torah!

1.

Moshav Zekenim, Hadar Zekenim: Refer to 21:16:153:1 and the note there.

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