Wyjścia 21:17 Halacha: Sefer HaChinukh & Mishneh Torah, Negative Mitzvot

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 DeRabbi 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 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 HaMitzvot LaRambam, Negative Commandments 318).

Not to curse a father or mother, as it is said, “And he that curseth his father or his mother shall surely be put to death” (Ex. 21:17).

Not to smite a father or a mother, as it is said, “And he that smiteth his father or mother shall surely be put to death” (Ex. 21:15).