Why is someone who strikes his father Chayav Misah? How can we be sure that it is his father?
Chulin, 11a: This is the source for the principle 'Zil Basar Ruba' (That we follow the majority) since the majority of Be'ilos (acts of intimacy) are performed by the husband.
Yerushalmi, Kidushin, 10:5: From here we see that Beis-Din sentence to death based on a Chazakah 1 ('Horgin al ha'Chazakos' - since there is a Chazakah that he is the sinner's father).
Which is synonymous with a 'Ruba de'Leisa Kaman' (an invisible Rov that is not dependent upon counting).
How do we know that one is Chayav Misah even if one only strikes one's father without killing him?
Sanhedrin, 84b, 84b: Because wherever the Torah is speaking about a stroke that kills, it says so, 1 and here it does not mention death.
Sanhedrin (Ibid.): See for example, above, Pasuk 12 and Mas'ei, 35:17.
Why do we need both the current Pasuk and the Pasuk in Kedoshim, Vayikra 20:9 "Ish Ish asher Yekalel es Aviv ... "?
Rashi: We need the current Pasuk to include a woman who curses her parents in the punisment and the Pasuk in Kedoshim to preclude Ketanim.
Sanhedrin, 66a: From the fact that the Pasuk in Kedoshim first juxtaposes "Aviv" ro "Yekalel" and then "Imo" to "Kilel", we learn thatt one is Chayav for cursing even one of one's parents.
Which of the four Misos Beis-Din does someone who curses his parents receive?
Rashi nd Ramban: He is sentenced to Sekilah - since the Torah writes in Kedoshim Vayikra, 20:9, in connection with Mekalel Aviv ve'Imo, "Damav bo", which always denotes Sekilah. 1
As Chazal learn from Pasuk 27 there, in connection with Ov ve'Yid'oni, "ba'Even Yirg'mu osam, Demeihem bam" (Rashi and Ramban).
Why is the Din of cursing one's parents (Sekilah) more stringent than that of striking them
Ramban #1: Because it is more common. 1
Ramban #2 and Moshav Zekenim (15) #1: Because the Chiyuv includes mentioning the Name of Hashem in vain, 2 for which the sinner needs to be punished, in addition to having cursed his parents.
Moshav Zekenim (in Pasuk 15) #2: Because, whereas the honor of parents is compared to the honor of Hashem, so that one who curses them is stoned like one who curses Hashem. This is not applicable to striking (Also, cursing applies even after death, but striking does not - 3 Riva, Da'as, Hadar Zekenim (all in Pasuk 16).
Oznayim la'Torah #1: Because, whereas someone who strikes his parents does not include Hashem in his act, someone who curses them - uning the Name of Hashem - does. 4
Oznayim la'Torah #2: Because when he curses them using the Name of Hashem, he is adding insult to injury by asking Hashem to substatntiate his sin. 5
Since such is the way of fools, who the moment they get angry, they curse the king, their father and their mother. And the more common the sin, the more the sinner needs to be chastised - to stop the sin from going from bad to worse (Ramban).
See Targum Yonasan.
Da'as Zekenim (in Pasuk16): Why is one stoned for cursing after death? This does not apply to Hashem! We can say that cursing applies to Hashem, and we do not distinguish between in life and after death.
See Oznayim la'Torah.
See Oznayim la'Torah;
What is the warning not to curse parents?
Moshav Zekenim: The Torah forbids against cursing a judge, king or deaf-mute. We learn all three of them from a Binyan Av.
How can one be killed for cursing parents? They can pardon him!
Moshav Zekenim #1: Parents can pardon their honor, but they cannot pardon disgrace.
Moshav Zekenim #2: One is liable only if there were witnesses and warning. Once the witnesses have warned, parents can no longer pardon.
QUESTIONS ON RASHI
Rashi writes that the curent Pasuk obligates a woman who curses her parents. Why is this necessary - seeing as women are equal to men for all punishments in the Torah!
Moshav Zekenim, Hadar Zekenim: Refer to 21:16:153:1 and the note there.
