Halakhah su Esodo 21:17

To not curse father and mother: To not curse father and mother, as it is stated (Leviticus 20:9), "Any man that curses his father and his mother, etc." And the truth is that the main warning of cursing father and mother is not from Scripture, since here it only mentions the punishment of the one that curses; and so [too,] that which is written in the Order of Mishpatim (Exodus 21:17), "And he who curses his father and his mother shall surely be killed" - there too, it only spoke about the punishment. And that is what they said in Mekhilta d'Rabbi Yishmael 21:17:3, "'And he who curses his father and his mother, etc.' - we have heard the punishment, but from where is the warning? [Hence] we learn to say (Exodus 22:27) 'Lords you shall not curse[, etc.]' If his father is a chieftain (nassi), behold he is included in 'and a chieftain in your people you shall not malign.' If he is a boor, behold he is included in 'You shall not curse the deaf.' Hence it is to be derived by a constructive paradigm (binyan av) through the three of them, etc." until, "Their common denominator is that they are 'in your people,' and you are exhorted against cursing them. Your father, too, is 'in your people,' and you are exhorted against cursing him." And so did they say in Sifra, Kedoshim, Chapter 10:7, "'And he who curses his father and his mother - we have heard the punishment, etc." exactly like the language of the Mekhilta. And since there is no specific [textual] negative commandment to this warning - but rather it is comes out from the principle [understand by an analysis] of three negative commandments - I have written it on this verse that is speaking about the punishment [for it]. And likewise, Rambam, may his memory be blessed, wrote about "he who curses his father and his mother shall surely be killed," that it is speaking about the punishment (Sefer Ha Mitzot LaRambam, Mitzvot Lo Taase 318).

He prohibited - not to curse father and mother. Indeed, the language of the Torah is clear about its punishment, when He says, "And if one curses his father or his mother, he shall surely die" (Exodus 21:17); and he is among those that are stoned. And even if he [only] cursed one of them with [God's] name after [the parent's] death, he is stoned. However the prohibition is not explicit in Scripture. For it does not say, "You shall not curse your father." But it already preceded that a prohibition came about cursing every Israelite; and that includes a father and anyone besides him. And in the Mekhilta (Mekhilta d'Rabbi Yishmael 21:17:3), they said, "'And if one curses his father or his mother, he shall surely die' - we have heard the punishment; from where [do we know] the prohibition? [Hence] we learn to say, 'You shall not curse the powers' (Exodus 22:27). If your father is a judge, behold he is included in the powers. And if he is a nassi, behold he is included in, 'and do not maledict a nassi among your people.' And if he is a boor, behold he is included in, 'You shall not curse a deaf person' (Leviticus 19:14). [If he is not a judge, not a nassi and not a deaf person,] behold, you can argue by induction (binyan av) from the three of them, according to the common element among them: That they are, 'among your people,' and you are prohibited [from] cursing them." And it is written in the Sifra (Sifra Kedoshim, Chapter 10:7), "'If any man curses his father or his mother, he shall surely die' (Leviticus 20:9) - we have heard the punishment; from where [do we know] the prohibition? [Hence] we learn to say, 'You shall not curse the powers'" - exactly like the language of the Mekhilta. And the regulations of this commandment have already been explained in the seventh [chapter] of Sanhedrin. (See Parashat Mishpatim; Mishneh Torah, Rebels 5.)