The sugya in Senhedrin says by retsuchah we dont say yeavar vial yeharag because of the sevarah of mi limah domi didchah somek tefi. What about in a case with a goy. For example someone says to shimkill Peterthe goy or I will kill you, would we say there also yeharag vial yevar? Limasah his dom is somek tefi. What about the Rambam who according to the kesef mishnah does not hold of mai chazis? Thanks in advance for your help answering this question.
Ahron, Yerushalyim
It is clear that the concept of Yehareg ve'Al Ya'avor in the case of Shefichas Damim applies only to another Jew. See Rashi Pesachim 25b DH Sumak and in Sanhedrin 74a DH Sevara that it is Chibas Nafsho Shel Yisrael that counts. So too the Rambam in Hilchos Yesodei ha'Torah 5:7 mentions Harigas Nefesh m'Yisrael.
In any event, killing a non-Jew is not subsumed under the sixth commandment and is excluded from Mishpatim 21:14. See Sanhedrin 57a Yisrael b'Kusi Patur, Rambam Hilchos Rotze'ach 2:11, Minchas Chinuch beginning of Mitzvah 34 and Meshech Chochmah in Mishpatim with an original approach to the Mechilta there.
However, there could be a dissenting opinion in the Meiri Sanhedrin 57a who writes, "and regarding a Jew and a Nochri, any who do not keep the Seven Mitvos is Patur since he is an idol worshipper but even so it is forbidden . . . but if he keeps the Seven Mitvos he is included among the Ba'alei Das."
This could follow his well known opinion in Bava Kama 37b quoted at the side of our Gemara on 38a in the Shitah Mekubetzes.
Perhaps a similar Machlokes Rishonim can be detected in the argument as to whether a Yisrael who accidentally kills a Ger Toshav goes to Galus (Makos 9a). See Encyclopedia Talmudit vol. 6 column 301 and notes 183-190 there (and ibid. column 292 middle paragraph).
At this point I have not gone into a deep philosophical discussion as to why a Yisrael is different from a non-Jew according to those who do not hold of the Shitah of the Meiri.
Kol Tuv,
Joseph Pearlman