Halakhah su Esodo 21:15
וּמַכֵּ֥ה אָבִ֛יו וְאִמּ֖וֹ מ֥וֹת יוּמָֽת׃
Chi percuote suo padre, o sua madre [senza che ne muojano], sarà fatto morire.
Sefer HaChinukh
Not to strike father and mother: That a child should not strike the father and the mother, even if they strike him [very much], so long as their souls do not bring them to kill him, as it is stated (Exodus 21:15), "He who strikes his father or his mother shall surely be put to death." And even though the verse does not explicitly warn him about this, that it say to him, "Do not strike the fathers," but rather it only wrote the punishment of the one who strikes them - and it is the way of the Gemara to always ask about a matter like this and to say, "We have heard the punishment, from where is the warning" - here too, we have a warning: as behold, we are warned (Makkot 9a) for every person, not to strike him. As it is written about one who is liable for lashes (Deuteronomy 25:3), "Forty shall he strike him, he shall not add." And it is a fortiori (kal ve'chomer) about someone who is not liable [for lashes] - and the father is included in Israel. And [so] the warning [for the commandment] is from here. And [this must be the case] even though this negative commandment of "he shall not add," is considered a separate negative commandment on its own. Since we have a rule in our hands that anything that has for it excision or a death penalty must also have a negative commandment - except for the Pesach offering and circumcision - and behold with the striking of father and mother, [we know] that there is excision without witnesses and the death penalty with witnesses! And therefore, we have to say that we nonetheless learn the warning for it from the Scripture of "he shall not add," as we did not find it in [any] other place. And the main idea of the warning will be [about] all of Israel; but [also] included in it, we learn about the one who strikes mother and father. And they, may their memory be blessed, said (Sanhedrin 85b) that the case of this liability for death of the one that strikes is specifically when he brings out blood from them. [But it is] not the same with any other person - as even if he extracts blood from them, he is [only] liable for money.
Ask RabbiBookmarkShareCopy