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).
From the laws of the commandment is, for example, that which they said (Sanhedrin 85a), that the liability for the cursing of father and mother is whether they are alive, or even after their death; which is not the case with hitting — as the liability in it is only in their lifetimes; but after death, he is exempt for hitting them. And that which they said (Shevuot 35a) that there is no liability for death on the son until he curses them with one of the explicit names [of God]; but one who curses them with an appellation is exempt from stoning, and is [only] lashed — as is the way that one is lashed for the curse of a proper man. And that which they said (Makkot 12a) that the law of one who curses the father of his father or the father of his mother is like one who curses [any]one from the rest of the congregation. And [in the case of] a father that is obligated an oath, the son should not administer the oath, with an oath that has a curse; but rather he administers an oath that does not have a curse. And they also said that it is forbidden to disgrace him at all, as it is not about the curse that the Torah was concerned, but rather about the disgrace. And one who disgraces him is cursed, as it is stated (Deuteronomy 27:16), “Cursed is the one who belittles his father and mother.” And the court should strike one who does this and punish him according to that which is fitting. And the rest of its details are in the seventh chapter of Sanhedrin. (See Tur, Yoreh Deah 241.)
And [it] is practiced in all places and at all times by males and females, and so [too,] by [those the sex of which is in doubt]. And a child of unknown paternity is obligated towards his mother, but he is not obligated towards his father, even if his mother was questioned and she said that he is the son of x. And it appears that a mamzer is liable for cursing his father and his mother — as behold, he is fit to inherit them from Torah writ. And he also has the status of a fit son regarding mourning and for everything. But the son of a female slave or of a gentile woman is not liable for their curse. And so [too,] a convert whose conception was not in holiness — for example, if his mother converted when she was pregnant — is not liable for cursing his father. And just like he is not liable for cursing his father, so too is he not liable for cursing his mother, even though she was Jewish when she bore him; and like they, may their memory be blessed, expounded (Sifra, Kedoshim, Chapter 9:9), “‘And he who curses his father and his mother’ — one who is obligated for his father, is obligated for his mother, etc.” And it should not be asked about this teaching based on the son of unknown paternity who is only obligated for his mother — as [there] the father is not known and recognizable. And a convert is rabbinically forbidden to curse his gentile father, so that [people] not say he came from a stringent [level] of holiness to a light one. (See Yevamot 22a.) But a slave has no lineage, and behold his father is like someone who in all respects is not his father — and even after he is freed. And one who transgresses this and curses them with one of the names [of God] is stoned; and that is when there are witnesses and a warning there — as is well-known in every place. But if he [only] curses them with one of the appellations [of God], he is lashed.
שֶׁלֹּא לְקַלֵּל אָב וָאֵם – שֶׁלֹּא לְקַלֵּל אָב וָאֵם, שֶׁנֶּאֱמַר (ויקרא כ ט) אִישׁ אִישׁ אֲשֶׁר יְקַלֵּל אֶת אָבִיו וְאֶת אִמּוֹ וְגוֹ'. וְהָאֱמֶת שֶׁעִקַּר הָאַזְהָרָה בְּקִלְלַת אָב וָאֵם אֵינָהּ מִן הַמִּקְרָא, כִּי בְּכָאן לֹא יַזְכִּיר רַק הָעֹנֶשׁ בַּמְּקַלֵּל, וְכֵן מָה שֶׁכָּתוּב בְּסֵדֶר מִשְׁפָּטִים (שמות כא יז) וּמְקַלֵּל אָבִיו וְאִמּוֹ מוֹת יוּמָת. שָׁם גַּם כֵּן לֹא דִּבֵּר אֶלָּא בָּעֹנֶשׁ, וְזֶהוּ שֶׁאָמְרוּ בַּמְּכִילְתָּא (משפטים פ"ה מי"ז) וּמְקַלֵּל אָבִיו וְאִמּוֹ וְגוֹ', עֹנֶשׁ שָׁמַעְנוּ, אַזְהָרָה מִנַּיִן? תַּלְמוּד לוֹמַר אֱלֹהִים לֹא תְקַלֵּל (שם כב כז) אִם נָשִׂיא הוּא הֲרֵי הוּא בִּכְלַל וְנָשִׂיא בְעַמְּךָ לֹא תָאֹר, וְאִם בּוּר הוּא הֲרֵי הוּא בִּכְלַל לֹא תְקַלֵּל חֵרֵשׁ. הֲרֵי אַתָּה דָּן בִּנְיַן אָב מִשְּׁלָשְׁתָּן וכו', עַד הַצַּד הַשָּׁוֶה שֶׁבָּהֶן שֶׁהֵם בְּעַמְּךָ וְאַתָּה מֻזְהָר עַל קִלְלָתָן, אַף אָבִיךָ שֶׁבְּעַמְּךָ אַתָּה מֻזְהָר עַל קִלְלָתוֹ. וְכֵן אָמְרוּ גַּם כֵּן בַּסִּפְרָא (קדושים י ז) אִישׁ אִישׁ אֲשֶׁר יְקַלֵּל, עֹנֶשׁ שָׁמַעְנוּ וכו', כְּמוֹ הַלָּשׁוֹן אֲשֶׁר בַּמְּכִילְתָּא בְּשָׁוֶה, וּמִפְּנֵי שֶׁאֵין לְאַזְהָרָה זוֹ לָאו מְיֻחָד אֶלָּא שֶׁהוּא יוֹצֵא מִכְּלַל שְׁלֹשָׁה לָאוִין כְּתַבְתִּיו עַל מִקְרָא זֶה שֶׁמְּדַבֵּר בָּעֹנֶשׁ, וּכְמוֹ כֵן כְּתָבוֹ הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (בסהמ"צ ל"ת שיח), בִּמְקַלֵּל אָבִיו וְאִמּוֹ מוֹת יוּמָת שֶׁהוּא מְדַבֵּר בָּעֹנֶשׁ.
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).
מִשָּׁרְשֵׁי הַמִּצְוָה. כָּתַבְתִּי בְּמִשְׁפָּטִים בְּמִצְוַת לֹא תַעֲשֶׂה (מצוה סט) שֶׁלֹּא לְקַלֵּל הַדַּיָּנִים.
I have written about the roots of the commandment in Mishpatim on the negative commandment to not curse judges (Sefer HaChinukh 69).
מִדִּינֵי הַמִּצְוָה. כְּגוֹן מַה שֶׁאָמְרוּ (סנהדרין פה, ב) שֶׁחִיּוּב קִלְלַת הָאָב וְהָאֵם הוּא בֵּין בְּחַיֵּיהֶם אוֹ אֲפִלּוּ אַחַר מוֹתָם, מַה שֶׁאֵין כֵּן בְּהַכָּאָה, שֶׁאֵין הַחִיּוּב בָּהּ כִּי אִם בְּחַיֵּיהֶם, אֲבָל לְאַחַר מִיתָה פָּטוּר עַל הַכָּאָתָם. וּמָה שֶׁאָמְרוּ (שבועות לה, א) שֶׁאֵין חִיּוּב מִיתָה לַבֵּן עַד שֶׁיְּקַלְּלֵם בְּשֵׁם מִן הַשֵּׁמוֹת הַמְּיֻחָדִים, אֲבָל הַמְקַלְּלָן בְּכִנּוּי פָּטוּר מִסְּקִילָה, וְלוֹקֶה כְּדֶרֶךְ שֶׁלּוֹקֶה עַל קִלְלַת אָדָם כָּשֵׁר. וּמָה שֶׁאָמְרוּ (מכות סב) שֶׁהַמְּקַלֵּל אֲבִי אָבִיו אוֹ אֲבִי אִמּוֹ, דִּינוֹ כִּמְקַלֵּל אֶחָד מִשְּׁאָר הַקָּהָל, וְהָאָב שֶׁנִּתְחַיֵּב שְׁבוּעָה אֵין הַבֵּן מַשְׁבִּיעוֹ בִּשְׁבוּעַת הָאָלָה אֶלָּא מַשְׁבִּיעוֹ שְׁבוּעָה שֶׁאֵין בָּהּ אָלָה, וְאָמְרוּ גַּם כֵּן שֶׁאָסוּר לְבַזּוֹתוֹ כְּלָל, שֶׁלֹּא עַל הַקְּלָלָה הִקְפִּידָה תּוֹרָה אֶלָּא עַל הַבִּזָּיוֹן, וְהַמְּבַזֵּהוּ הֲרֵי הוּא בְּאָרוּר, שֶׁנֶּאֱמַר (דברים כז טז) אָרוּר מַקְלֶה אָבִיו וְאִמּוֹ. וְיֵשׁ לְבֵית דִּין לְהַכּוֹת הָעוֹשֶׂה זֶה וּלְעָנְשׁוֹ כְּפִי הָרָאוּי. וְיֶתֶר פְּרָטֶיהָ, בְּפֶרֶק שְׁבִיעִי מִסַּנְהֶדְרִין [יו"ד סימן רמא].
From the laws of the commandment is, for example, that which they said (Sanhedrin 85a), that the liability for the cursing of father and mother is whether they are alive, or even after their death; which is not the case with hitting — as the liability in it is only in their lifetimes; but after death, he is exempt for hitting them. And that which they said (Shevuot 35a) that there is no liability for death on the son until he curses them with one of the explicit names [of God]; but one who curses them with an appellation is exempt from stoning, and is [only] lashed — as is the way that one is lashed for the curse of a proper man. And that which they said (Makkot 12a) that the law of one who curses the father of his father or the father of his mother is like one who curses [any]one from the rest of the congregation. And [in the case of] a father that is obligated an oath, the son should not administer the oath, with an oath that has a curse; but rather he administers an oath that does not have a curse. And they also said that it is forbidden to disgrace him at all, as it is not about the curse that the Torah was concerned, but rather about the disgrace. And one who disgraces him is cursed, as it is stated (Deuteronomy 27:16), “Cursed is the one who belittles his father and mother.” And the court should strike one who does this and punish him according to that which is fitting. And the rest of its details are in the seventh chapter of Sanhedrin. (See Tur, Yoreh Deah 241.)
וְנוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת, וְכֵן בְּטֻמְטוּם וְאַנְדְּרוֹגִינוֹס. וּשְׁתוּקִי חַיָּב עַל אִמּוֹ וְאֵינוֹ חַיָּב עַל אָבִיו, אַף עַל פִּי שֶׁנִּבְדְּקָה אִמּוֹ וְאָמְרָה בֶּן פְּלוֹנִי הוּא. וּלְפִי הַדּוֹמֶה שֶׁמַּמְזֵר חַיָּב עַל קִלְלַת אָבִיו וְאִמּוֹ, שֶׁהֲרֵי הוּא רָאוּי לִירַשׁ אוֹתָם מִדִּין תּוֹרָה, וְדִין בֵּן כָּשֵׁר יֵשׁ לוֹ גַּם כֵּן לְעִנְיַן אֲבֵלוּת וּלְכָל דָּבָר, אֲבָל הַבֵּן מִן הַשִּׁפְחָה וּמִן הַנָּכְרִית, אֵינוֹ חַיָּב עַל קִלְלָתָן, וְכֵן גֵּר שֶׁהוֹרָתוֹ שֶׁלֹּא בִּקְדֻשָּׁה אַף עַל פִּי שֶׁנּוֹלַד בִּקְדֻשָּׁה כְּגוֹן שֶׁנִּתְגַּיְּרָה אִמּוֹ כְּשֶׁהָיְתָה מְעֻבֶּרֶת אֵינוֹ חַיָּב עַל קִלְלַת אָבִיו, וּכְשֵׁם שֶׁאֵינוֹ חַיָּב עַל קִלְלַת אָבִיו, כָּךְ אֵינוֹ חַיָּב עַל קִלְלַת אִמּוֹ אַף עַל פִּי שֶׁהָיְתָה יְהוּדִית כְּשֶׁיְּלָדַתּוּ, וּכְמוֹ שֶׁדָּרְשׁוּ זִכְרוֹנָם לִבְרָכָה וּמְקַלֵּל אָבִיו וְאִמּוֹ אֶת שֶׁהוּא חַיָּב עַל אָבִיו חַיָּב עַל אִמּוֹ וְגוֹ'. וְאֵין לְהַקְשׁוֹת עַל דְּרָשָׁה זוֹ מִשְּׁתוּקִי, שֶׁחַיָּב עַל אִמּוֹ לְבַדָּהּ, לְפִי שֶׁאֵין הָאָב יָדוּעַ וְנִכָּר. וְהַגֵּר אָסוּר לְקַלֵּל אָבִיו הַגּוֹי מִדְּרַבָּנָן, כְּדֵי שֶׁלֹּא יֹאמְרוּ בָּא מִקְּדֻשָּׁה חֲמוּרָה לְקַלָּה (עי' יבמות כב א). אֲבָל הָעֶבֶד אֵין לוֹ יִחוּס, וַהֲרֵי אָבִיו כְּמִי שֶׁאֵינוֹ אָבִיו לְכָל דָּבָר, וְאַף לְאַחַר שֶׁנִּשְׁתַּחְרֵר. וְעוֹבֵר עַל זֶה וְקִלְּלָם בְּשֵׁם מִן הַשֵּׁמוֹת נִסְקָל, וְהוּא שֶׁיֵּשׁ שָׁם עֵדִים וְהַתְרָאָה כְּמוֹ שֶׁיָּדוּעַ בְּכָל הַמִּצְוֹת; וְאִם קִלְּלָם בְּאֶחָד מִן הַכִּנּוּיִין לוֹקֶה.
And [it] is practiced in all places and at all times by males and females, and so [too,] by [those the sex of which is in doubt]. And a child of unknown paternity is obligated towards his mother, but he is not obligated towards his father, even if his mother was questioned and she said that he is the son of x. And it appears that a mamzer is liable for cursing his father and his mother — as behold, he is fit to inherit them from Torah writ. And he also has the status of a fit son regarding mourning and for everything. But the son of a female slave or of a gentile woman is not liable for their curse. And so [too,] a convert whose conception was not in holiness — for example, if his mother converted when she was pregnant — is not liable for cursing his father. And just like he is not liable for cursing his father, so too is he not liable for cursing his mother, even though she was Jewish when she bore him; and like they, may their memory be blessed, expounded (Sifra, Kedoshim, Chapter 9:9), “‘And he who curses his father and his mother’ — one who is obligated for his father, is obligated for his mother, etc.” And it should not be asked about this teaching based on the son of unknown paternity who is only obligated for his mother — as [there] the father is not known and recognizable. And a convert is rabbinically forbidden to curse his gentile father, so that [people] not say he came from a stringent [level] of holiness to a light one. (See Yevamot 22a.) But a slave has no lineage, and behold his father is like someone who in all respects is not his father — and even after he is freed. And one who transgresses this and curses them with one of the names [of God] is stoned; and that is when there are witnesses and a warning there — as is well-known in every place. But if he [only] curses them with one of the appellations [of God], he is lashed.