Комментарий о цитате к Шмот 21:17

The one who strikes his father or his mother is liable only if he wounds them. In this respect, cursing is more stringent than striking, for one who curses [his/her parents] after death is liable, while one who strikes them after death is not. Exodus 21:15 teaches that one who strikes either of his parents is liable to the death penalty. Striking an ordinary person is not a capital crime and is punishable through financial penalties only. However, striking one’s parent is a form of rebellion against not only society but in essence against God as well. Therefore the Torah deems it, and cursing one’s parents (Ex. 21:17) to be capital crimes, punishable by death. Since the Torah does not state how the execution is to be performed, the Rabbis declared that the person is to be strangled. Our mishnah teaches that in order for the child to be guilty of striking he must make a wound. If the child strikes without causing a wound s/he is not to be executed. The mishnah also teaches that although a child is executed for either striking or cursing one’s parents, there is a stringency with regards to cursing that does not exist with regards to striking. One who curses is liable even if he curses the parent after death, whereas one who strikes is only liable if the parent was alive when struck.

ובא האות והמופת, “and the sign or wonder predicted will come to pass;” the letter ו in the word והמופת means: “or.”We have a similar construction in Exodus 21,15, where the line: ומכה אביו ואמו, means: “anyone who strikes his father or his mother.” Similar constructions occur in Exodus 21,17, and in numerous other places in the Torah. The Sifri quotes a Baraitha in which Rabbi Akiva is cited as saying that we must not be misled into believing that G-d would interfere with the position of sun or moon in order to comply with the wishes of a false prophet. What is meant in our verse is that a true prophet, who has in the past performed miracles, and had thus legitimised himself by having performed such miracles, has become a heretic and the people now believe him, not knowing that he has become a heretic. If such a prophet would call on the people to perform acts of idolatry, he must not be believed, regardless of the fact that at one time he was a legitimate prophet. No true prophet is to be believed if his message entails violating laws of the Torah, regardless of how many times he had in the past demonstrated that he was a true prophet, unless when he did so he said that he suggested such a violation only as a one time emergency measure due to exceptional circumstances. If you were to ask, that seeing that G-d knew in advance that such a prophet would turn into a heretic, so why did He equip him with prophetic powers in the first place?The Torah answers this question by telling us that it is G-d’s way of testing our faith in Moses’ Torah being the one and only Torah He has given us, and that it will not undergo changes in the course of history. (verse 4) This is even more true, when the socalled prophet performs acts by a slight of hand which deceive the onlookers into believing that he had performed miracle. The same is true if such a charlatan knows how to trick you into believing that you had heard things in the name of the Lord, things which he had never heard from G-d. Do not let either your eyes or your ears deceive you when the subject is the inviolability of the laws of the Torah. You must follow only the revealed word of G-d as handed down by Moses in the Torah.

This mishnah lists all of those who are executed by stoning and then begins to explain some of the details. Most of these crimes are specifically listed in the Torah as being punishable by stoning. Some are learned through an analogy with other crimes. We will mention the verses for each crime.(1) one who has sexual relations with his mother: Leviticus 18:7, 20:11. (2) with his father's wife: Leviticus 18:8, 20:11. (3) with his daughter -in-law: Leviticus 20:12. (4) with a male: Leviticus 20:13. (5) with a beast: Leviticus 20:15. (6) a woman who commits bestiality with a beast: Leviticus 20:16. (7) a blasphemer: Leviticus 24:15-16. (8) an idolater: Deuteronomy 17:2-5. (9) one who gives of his seed to molech: Leviticus 20:2. (10) a necromancer or a wizard: Leviticus 20:27. (11) one who desecrates the Sabbath: Number 15:35. (12) he who curses his father or mother: Exodus 21:17, Leviticus 20:9. (13) he who commits adultery with a betrothed woman: Deuteronomy 22:23-24. (14) one who incites [individuals to idolatry: Deuteronomy 13:7-11. (15) one who seduces [a whole town to idolatry]: Deuteronomy 13:7-11. (16) a sorcerer: Exodus 22:17, Deuteronomy 18:10. (17) a wayward and rebellious son: Deuteronomy 21:18-21. The rest of chapter seven will deal with the first 16 of these issues.

ומכה אדם יומת AND HE THAT SMITETH A MAN SHALL BE PUT TO DEATH — although he has not killed him but only inflicted a wound upon him, because Scripture does not state מכה] נפש] (as it does in v. 17 which implies “smiting of the soul” — killing). Scripture is speaking here of one who smites his father or his mother when he is punishable with death for mere smiting without fatal result (cf. Rashi on Exodus 21:15). It is true that the punishment for this offence has already been stated (Exodus 21:17) but Scripture intends by putting this case in juxtaposition with מכה בהמה to put it in some respect on a level with the case of one who smites a beast. How is it in the case of one who smites a beast? He is subject to the law only if he smote it while it was alive! So, too, is one who smites his father (or his mother) punishable only if he smites them whilst they are alive, thus excluding from the death penalty one who smites them after their death. Because we find that he who curses him (the father; — the same applies to the mother) after death is liable to the death penalty (cf. Rashi Leviticus 20:9), Scripture was compelled to state with reference to one who smites his parents that he is exempt from the death penalty if he does this after their death (as stated above). And there is another point of comparison: How is it in the case of a beast? The law speaks only of smiting resulting in a wound! — for if there is no wound resulting no compensation can be claimed — so, too, he who smites his father is not liable to the death penalty unless he inflicts a wound upon him (Sifra, Emor, Chapter 19 8; Sanhedrin 84a, 85b).