brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
1. A person intended to kill someone by hitting him a deathly blow on his heart. However, he missed and instead hit the victim's hips, and his blow was not hard enough to kill a person if applied to the hips. The perpetrator is Patur from Misah, even if the victim did die.
2. If a person attempted to hit someone on the hips hard enough to kill him but he missed and hit him on his heart instead, he is Chayav Misah.
3. If someone intends to hit a Gadol hard enough to kill him, but he hit a Katan instead and the Katan died - there is an argument whether he is Chayav.
4. If a person intended to kill an animal, a Nochri or a Nefel - but missed and instead killed a Jewish person, he is Patur.
5. There is a Machlokes whether a person is Chayav Misah if he shoots towards Reuven and Shimon, who are standing next to each other, with the intention of killing one of them. The same applies if a person intends to kill Reuven, but instead kills Shimon.
6. If someone throws a rock into a crowd which includes even a single Nochri, he is Patur from Misah if one of the people is killed.
7. Rebbi maintains that if someone intends to kill one person and kills someone else instead, he is Patur from Misah but he must pay the heirs the value of the victim.
8. Tana d'Vei Chizkiyah maintains that a murderer is always Patur from monetary compensation, even if he is Patur from Misah or Galus.
9. According to Shmuel, there is an argument whether all involved are Patur from Misah in a case where a murderer who was not yet sentenced gets mixed up with murderers who already were sentenced.
10. An ox which killed a person did not yet have Gemar Din, and it gets mixed up with other oxen which already had a Gemar Din. Reish Lakish says that there is an argument whether the oxen are all put to death.
A BIT MORE
1. Even though the intention of the murderer was to kill the victim, since the blow to his hips was not hard enough to kill the victim it is not regarded as an act of murder. The same is true if the murderer intended to hit a Katan. If his blow was hard enough to kill the Katan, but he missed and hit a Gadol instead, since the blow not strong enough to kill a Gadol under normal circumstances, the murderer is Patur from Misah - even if the Gadol ultimately dies.
2. Since he intended to kill the person, and he hit him with a blow that was strong enough to kill him, even though he did not hit the place which he aimed for he is Chayav Misah.
3. The Rabanan maintain he is Chayav Misah because he intended to hit him hard enough to kill him - even though he did not kill the person he aimed to kill. Rebbi Shimon says he is Patur from Misah, because a person is not Chayav Misah unless he kills the person he aimed to kill.
4. Although the Rabanan maintain that someone who intended to kill one person and killed another person instead is Chayav - nevertheless he is Patur in this case, because he did not intend to kill a Jew.
5. The Rabanan maintain he is Chayav. Rebbi Shimon says a murderer is only Chayav if he aims for a specific person, and if he kills that person that he intended to kill.
6. Since the people in the crowd are stationary, we regard the crowd as half Jews and half Nochrim. Therefore it is a Safek if the perpetrator intended to kill a Jew or a Nochri. Since we do not know his intention, the perpetrator is Patur from Misah.
7. Rebbi agrees with Rebbi Shimon that someone who intended to kill one person and killed another person instead is Patur from Misah. However, Rebbi maintains that the perpetrator must give monetary compensation to the heirs for the value of the victim.
8. Tana d'Vei Chizkiyah agrees with Rebbi Shimon that someone who intends to kill one person and kills another is Patur from Misah. In addition, they hold that he is also Patur from monetary compensation.
9. The Rabanan maintain they are all Patur from Misah, because a death sentence must be pronounced in front of the accused. Rebbi Yehudah agrees, however he says that we do not dismiss the murderers completely. Rather, we imprison them (Kipah).
10. The Rabanan learn that all of the oxen are Patur. They maintain that an ox is compared to a person. Just as the Gemar Din of a person must be done in front of the person, so, too, the Gemar Din of oxen must be pronounced in front of them. Rebbi Yehudah says the oxen are locked up (in a Kipah).
Next Daf Index to Revach for Maseches Sanhedrin