Chapter 5: Cursing and hitting one’s parent

Halacha 1: Cursing and hitting one’s parent

• Cursing parent: One who curses his father or mother is liable for Sekila [i.e. death by stoning].
• After death: This liability for Sekila for cursing one’s parent applies even after the death of the parents.
• Witnesses and warnings: This liability for Sekila for cursing one’s parent only applies if the cursing took place in the presence of witnesses and with prior warning.
• Gender: This liability for Sekila applies both for a man or woman [i.e. a son or daughter] who curses [their parent].
• This applies for both a Tumtum and Androgenus.
• Age: This liability for Sekila for cursing one’s parent only applies if the child who cursed his parent is a Gadol, and has reached the age of punishment.

Halacha 2: The names of Hashem used in the curse

• This liability for Sekila for cursing one’s parent only applies if one curses the parent with one of the [seven] designated names of G-d [that cannot be erased].
• If, however, a nickname for G-d was used in the curse, then the child is [not liable for stoning but rather is] only liable for transgressing a negative command like anyone else who curses any other Jew.

Halacha 3: Cursing grandparents

• One who curses his paternal or maternal grandfather is liable for transgressing a negative command like anyone else who curses any other Jew.

Halacha 4: Warning against cursing one’s parent

• The Torah warns against cursing one’s parents within the same command which warns against cursing any other Jew, as a parent is no less than any other Jew.

Halacha 5: Hitting one’s parents: 

• One who hits his father or mother during their lifetime is liable for the death penalty of strangulation.
• Witnesses and warnings: This liability for Sekila for cursing one’s parent only applies if the cursing took place in the presence of witnesses and with prior warning.
• Gender: This liability for Chenek applies both for a man or woman [i.e. a son or daughter] who hits [their parent].
• This applies for both a Tumtum and Androgenus.
• Age: This liability for Chenek for cursing one’s parent only applies if the child who cursed his parent is a Gadol, and has reached the age of punishment.
• Type of injury: The above liability only applies if blood was drawn through the hit. If, however, blood was not drawn through the hit, then [one is not liable for death, although] it is included within the negative command against hitting any Jew.
• After death: A child who hits the dead body of his parent is not liable for death.

Halacha 6: Causing one’s parent to become deaf

• One who hit his parent by their ear and caused them to become deaf is liable for death, as it is not possible that one become deaf without a wound with a drop of blood that is extracted from within the ear and causes him to become deaf.

Halacha 7: Performing an amputation and bloodletting to a parent

• If a child is a professional bloodletter or doctor, it is forbidden for him to initially [cut him to] perform bloodletting on his father, or amputate a limb of one’s father [or mother for medicinal reasons] even though he is exempt if he decides to do so.
• Removing a splinter from a parent: A son should not remove a splinter that is stuck within the skin of his father [or mother] due to that one may come to cause him a wound in the process.
• No one else available: The above prohibition, however, only applies if there is another doctor available to perform the procedure. If, however, there is no one else available, and the parent is in pain [or danger], then the son may let blood from him and amputate him according to that which the parent allows to do. [Likewise, if the child is a greater expert in this field than other doctors, then the son may give the treatment.]

Halacha 8: The source for the prohibition against hitting a parent

• The warning against hitting a parent is not explicitly stated in Scripture, in contrast to the punishment which is explicitly written in Scripture, and is rather included in the general prohibition against hitting any of Jew.

Halacha 9: Shtuki, Gentile child, convert

• Shtuki-One who does not know the identity of his father: A person who is defined as a Shtuki [which is that he does not know the identity of his father although he knows the identity of his mother], is liable for [hitting and cursing] his mother and is exempt for [hitting and cursing] his father.
• This applies even if the mother claims the man to be his father, nonetheless, she cannot cause him to get Sekila or Chenek due to her word.
• Son or daughter from a gentile woman: A person’s son from a maidservant [i.e. Shifcha Kenanis] or from a Gentile woman [is not considered Jewish and hence] is not liable [for hitting or cursing] his father or mother.
• Child born after conversion: If a woman converted when she was pregnant, then the child born is not liable for hitting or cursing his father.

Halacha 10: Convert born after conversion regarding mother

• If a woman converted when she was pregnant, then the child born is not liable for hitting or cursing his mother, as only one who is liable for hitting and cursing his father is liable for hitting and cursing his mother.

Halacha 11: Convert regarding parents

• It is forbidden for a convert to curse or hit or shame his father in order so people do not say that his conversion caused him to leave a higher state of holiness to a lower state of holiness.
• A convert must treat his Gentile parents with some level of honor.
• Slave [Eved Kenani]: A slave does not have any lineage, and hence his father is not considered like his father for any purpose, even if he was emancipated.

Halacha 12: If one’s parents are Reshaim

• Son hitting and cursing: [Even] if a person’s father and mother were complete Reshaim and transgressed sins, it still remains forbidden for the son to hit or curse his parent.
• Son hitting and cursing parent when being put to death: This prohibition applies even if the parent was liable for capital punishment and was in the process of being taken out to be killed.
• However, if one hit or cursed a parent in such a state [of being taken out for capital punishment], then he is exempt from [the death penalty].
• Parents did Teshuvah: If, however, the parents performed Teshuvah, then the son is liable for the death penalty [for hitting or cursing them] even though the parents are in the process of being taken out to be killed.
• Other people: The above law of liability for parents who have repented only applies towards the children of the Rasha parents, however, any other person who curses or hits them even after they have repented is exempt from liability.
• However, if a person shames them, then he is liable for the fine given to one who shames another person.

Halacha 13: Punishing the parents as an emissary of the court

• Giving lashes to one’s parents as an emissary of the court: If a person’s father or mother transgressed a sin for which they are liable to receive lashes, then the son cannot be the one to administer the lashes to his parents even if the son is the appointed executioner of the court.
• Excommunicating one’s parents as an emissary of the court: If a person’s father or mother transgressed a sin for which they are liable to receive excommunication, then the son cannot be the one to administer the excommunication to his parents.
• Harassing and hitting one’s parents as an emissary of the court: A son cannot harass or hit his parents even if the son is the appointed executioner of the court. This applies even if the parents are befitting of receiving this harassment from the court, and have not repented.

Halacha 14: Punishing Heretic parents as an emissary of the court

• A son may not be an emissary of the court to hit or harass his parents no matter what his parents sin is, with the exception to parents who are a Meisis and Madiach, a missionary for idolatry.

Halacha 15: Oath, Goel Hadam, Shaming

• Swearing in court: If in litigation against their son, a father [or mother] has been found liable by the court to swear to the son regarding a statement they made, then the oath taken may not contain a curse, as this is considered as if the son is cursing his father. Rather, the oath taken shall not contain any curse.
• Goel Hadam: If a father murdered his son, his other children who are the brothers of the victim may not act as the Goel Hadam to murder the father in vengeance.
• Shaming-The punishment for one who shames his father or mother: The Torah was not just particular against a son who curses or hits his parents but even against a son who simply shames them.
• Whoever shames his father and mother is considered cursed by the mouth of G-d [i.e. Gevura], as the verse states “cursed should be one who shames [i.e. Makleh] his father and mother.”
• This applies even if one only shamed them with words.
• This applies even if one only shamed them with a mere hint [and did not explicitly express the shame in words].
• A court of Jewish law has the authority to give rabbinical lashes to such a child and is to give due punishment to the child as they see fit.

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