When Cursing a Parent Becomes a Capital Crime

"And one who curses his father or his mother" (Exodus 21:17), why is this said? Because it says, "For any man who curses" (Leviticus 20:9), I would know only of a man; from where do I derive a woman? Scripture teaches, saying, "And one who curses his father or his mother." [This refers to cursing] by the Explicit Name. Or is it perhaps even by a substitute appellation? Scripture teaches, saying, "When he pronounces the Name [of the LORD]" (Leviticus 24:16), for that verse need only be said in order to include the one who curses his father and mother, teaching that he is not liable until he curses them by the Explicit Name. These are the words of Rabbi Acha bar Yoshiyah. Rabbi Chananyah ben Idi says: Since the Torah said "swear" and "do not swear," "curse" and "do not curse": just as swearing is by the Name, so too "do not swear" is by the Name; and just as cursing is by the Name, so too "do not curse" is by the Name. "He shall surely be put to death" (Exodus 21:17), by stoning. Or is it perhaps by one of the other deaths stated in the Torah? You reason thus: it says here "his blood is upon him" (Leviticus 20:9), and it says elsewhere "their blood is upon them"; just as there the death is by stoning, so too here it is by stoning. We have heard the punishment, but we have not heard the prohibition. Scripture teaches, saying, "You shall not curse a judge" (Exodus 22:27). If your father is a judge, he is included in "You shall not curse a judge." If your father is a prince, he is included in "and you shall not curse a prince among your people" (Exodus 22:27). If he is neither judge nor prince, you reason by constructing a principle from both of them: a judge is not exactly like a prince, and a prince is not exactly like a judge, yet the common factor in both is that they are among your people and you are warned against cursing them; so too your father, who is among your people, and you are warned against cursing him. A judge you are commanded regarding his ruling; a prince you are commanded regarding rebellion against him; so too I will bring your father, who is among your people, and you are commanded regarding cursing him. What is distinctive about the common factor in them? That their greatness brought this upon them. Scripture teaches, saying, "You shall not curse the deaf" (Leviticus 19:14); Scripture speaks of the wretched among your people. What is distinctive about the deaf? That his deafness brought this upon him. The prince and the judge will prove the point. What is distinctive about the prince and the judge? That their greatness, and so forth. What is distinctive about the common factor in them? That they are exceptional. If so, let Scripture write either "a judge and a deaf person" or "a prince and a deaf person." Why do I need "a judge" [in the sense of God or ruler]? If it is not needed for its own matter, apply it to the matter of his father. This works well for the one who says "Elohim" [in Exodus 22:27] means a secular judge; but according to the one who says "Elohim" means the sacred Name, what can be said? As it is taught, and so forth. These are the words of Rabbi Yishmael. Rabbi Akiva says: this is the prohibition against one who blesses [a euphemism for blasphemes] the Name, and so forth. It works well for the one who says "Elohim" means secular, for he derives the sacred from the secular; but according to the one who says "Elohim" means sacred, how does he derive the secular from the sacred? Perhaps Scripture warned only regarding the sacred and did not warn regarding the secular. If so, let Scripture write "Elohim you shall not treat lightly"; what is "you shall not curse"? Learn from this two matters.