Sanhedrin 85B

מידי דהוה לאחר מיתה.

The Talmud answers: The halakha here is just as it is after the death of his father, and the son is liable for cursing his father even after his death. Therefore, he is also liable when his father’s death is imminent.

מאי הוה עלה? אמר רבה בר רב הונא, וכן תנא דבי רבי ישמעאל: לכל אין הבן נעשה שליח לאביו להכותו ולקללו, חוץ ממסית, שהרי אמרה תורה: ״ולא תחמל ולא תכסה עליו״.

Despite several attempts to cite proof contradicting his opinion, there is no conclusive refutation of the statement of Rav Sheshet that a son may serve as an agent of the court to punish his father. The Talmud asks: What halakhic conclusion was reached about this matter? Rabba bar Rav Huna says, and likewise the school of R' Yishmael taught: With regard to all cases a son is not designated as an agent to strike his father or to curse him, except in a case where his father incites others to worship idols, as the Torah states: “Neither should you spare, nor should you conceal him” (Deuteronomy 13:9).

מתני׳ המכה אביו ואמו אינו חייב עד שיעשה בהן חבורה. זה חומר במקלל מבמכה, שהמקלל לאחר מיתה חייב, והמכה לאחר מיתה פטור.

Mishnah: One who strikes his father or his mother is not liable to be executed unless he wounds one of them. This is a stringency with regard to one who curses his father that is more severe than the halakha with regard to one who strikes his father, as one who curses his father or his mother after his or her death is liable, but one who strikes one of them after his or her death is exempt, as he did not cause a wound.

גמ׳ תנו רבנן: ״אביו ואמו קלל״⁠ – לאחר מיתה. שיכול, הואיל וחייב במכה וחייב במקלל, מה מכה אינו חייב אלא מחיים ⁠– אף המקלל אינו חייב אלא מחיים.

Talmud: A baraita states that it is written: “For any man who curses his father and his mother should die; he has cursed his father and his mother; his blood should be upon him” (Leviticus 20:9). This is referring to one who curses his parents even after their death, as one might have thought: Since one is liable for striking and one is liable for cursing, just as one who strikes is liable only when his father or mother are alive, so too, one who curses is liable only when they are alive.