Tractate Sanhedrin, Herbert Danby tr. , at sacred-texts.com
A murderer who has struck his neighbour with iron or stone, or held him down in fire or water so that he could not rise, and he die, is guilty. If he pushed him in water or fire so that he could rise, yet he die, he is innocent. If he incited a dog or snake against the victim, he is innocent. If the snake bit him, R. Jehuda would convict, but the majority acquit.
A murderer who has struck his neighbour with a stone, or with his fist, so that he was expected to die yet afterwards improved, and then grew worse and died, is guilty. R. Nehemia would acquit, since the death may be attributable to other causes.
4a. If the stone be mingled with other objects, they decide which of them are harmless; if there be sufficient (stone) to cause death the culprit is guilty, if not he is free. If the missile be such that if it falls into fire it is burnt up, or if into water it dissolves, he is free.
M.IX. 2. The following are innocent: one who intended to kill a beast but killed a man; or a foreigner but killed an Israelite; or a miscarriage but killed a mature birth; one who intended to strike some one on the loins such that a blow on the loins would not kill, but reached the heart in such a way that a blow on the heart would be fatal, and the victim die; or one who intended to strike some one on the heart in such a way that on the heart it would be fatal, but struck him on the loins where it would not be fatal, and yet the victim die; or one who intended to strike an adult with a blow which would not be fatal to an adult but it fell on a child, being such that it would be fatal to a child,
M.and the child die; or one who intended to strike a child with a blow which to a child would be fatal but it fell on an adult, being such as would not be fatal to an adult, and yet the adult die--such a one is innocent.
If one intended to strike a person on the loins with a blow such as would there be fatal, and it fall on his heart, and he die; or intended to strike an adult with a blow such as to him would be fatal and it fall on a child, and the child die--he is guilty. R. Shimeon holds that even if he intend to kill one man and kill another he is innocent.
M.IX. 3. If one murderer is associated with others they are all free from penalty. R. Jehuda maintains that they are all put together in prison. If a number of offenders are all liable to death, and are associated together, they are to be condemned to the more lenient death; e.g. those liable to stoning are to suffer burning. R. Shimeon maintained that they should be condemned to stoning, since burning is the severer death. But the majority held that he should be condemned to burning, since stoning is the severer death. R. Shimeon maintained that if burning were not the severer death it would not be applied to a priest's daughter who had sinned; it was replied, that if stoning
M.were not the severer death it would not be applied to blasphemy and idolatry. Further, decapitation is relaxed to strangling; R. Shimeon favoured the sword, but the majority strangling.
M. IX. 4. If a man become liable in the court to two death-penalties, he should be condemned to the severer one. If a man commit a transgression for which there are two kinds of death-penalty, he should be condemned to the severer one. R. Jose holds that he should be condemned to the first obligation to which he becomes liable.
M.IX. 5. If a man has been scourged, and then scourged a second time in the court, he is taken
M.to prison and fed with barley till his belly bursts. If a man has committed murder, and there be no witnesses, he is taken to prison and fed with the BREAD OF ANGUISH AND WATER OF AFFLICTION. 1
115:3 R. Shimeon, the Temanite, was one of the second generation of the Tannaim, c. 120 A.D.
115:4 Exod. 21. 18.
115:5 Numb. 35. 17.
116:1 A euphemism; unless, as in the following section of the Mishnah, the heart is meant.
118:1 Deut. 17. 7.
119:1 Isa. 30. 20.