1. And these are to be beheaded. The murderer and the men of a city withdrawn to idolatry. "The murderer who smote his neighbour with a stone or iron, and he pressed him down in the midst of the water, or in the midst of fire, and he could not come out from thence, and he died?" "He is guilty." "He pushed him into the midst of water, or into the midst of fire, and he could come out, but he died?" "He is free." "He encouraged a dog against him, he encouraged a serpent against him?" "He is free." "He caused a serpent to bite him?" Rabbi Judah declared him "guilty," but the Sages "freed him." "He smote his companion either with a stone or his fist, and he was counted for dead, and he became lighter, and afterwards became heavier, and died?" "He is guilty." R. Nehemiah said, "he is free, because there are extenuating circumstances in the matter."
2. "His intention was to kill a beast, and he killed a man—a foreigner, and he killed an Israelite—a premature birth, and he killed a timely child?" "He is free." "His intention was to smite his loins, and there was not sufficient force in the blow to cause death in his loins, and it passed to his heart, and there was sufficient force in the blow to cause death in his heart, and he died?" "He is free." "His intention was to smite him on his heart,
and there was sufficient force in the blow to cause death on this heart, and it passed on to his loins, and there was not sufficient force in the blow to cause death on his loins, but he died?" "He is free." "His intention was to smite an adult, and there was not sufficient force in the blow to cause death to an adult, and it passed off to a child, and there was sufficient force to kill the child, and he died?" "He is free." "His intention was to smite a child, and there was sufficient force in the blow to cause death to a child, and it passed to an adult, and there was not sufficient force to cause death to the adult, but he died?" "He is free." "But his intention was to smite him on his loins, and there was sufficient force in the blow to cause death on his loins, and it passed to his heart, and he died?" "He is guilty." "His intention was to smite an adult, and there was sufficient force in the blow to cause the death of the adult, and it passed to a child, and he died?" "He is guilty." R. Simon said, "even if his intention be to kill this one, and he killed that one, he is free."
3. "A murderer, who is mingled with others?" "All are to be freed." R. Judah said "they are to be collected in a prison." "Several condemned to (different) deaths are promiscuously mingled?" "They are all to be adjudged the lightest punishment." "Those condemned to stoning with those condemned to burning?" R. Simon said, "they are to be condemned to stoning, because burning is more grievous," but the Sages say, "they are to be condemned to burning, because stoning is more grievous." To them replied R. Simon, "if burning were not more grievous, it would not have been assigned to the daughter of a priest who was immoral." They replied to him, "if stoning were not more grievous, it would not have been assigned to the blasphemer, and the idolater." "Those condemned to beheading, mingled with those condemned to strangling?" R. Simon said, "they are to be put to death with the sword," but the Sages say, "with strangling."
4. "He who is found guilty of two deaths by the
judges?" "He is condemned to the more grievous punishment." "He committed a transgression, which made him deserve two deaths?" "He is condemned to the more grievous." R. José said, "he is condemned for the first deed which he committed."
5. "He who is flogged once and again?" "The judges commit him to prison, and they give him barley to eat till his belly bursts." "He who killed a person without witnesses?" "They commit him to prison, and they give him to eat the bread of adversity, and the water of affliction." 1
6. "A thief who stole a sacred vessel, and he who cursed in necromancy, and the paramour of an Aramæan?" "The avengers may at once fall upon him." "The priest who served in legal uncleanness?" "His brother priests have no need to bring him to the tribunal, but the young priests drag him outside the court, and dash out his brains with faggots of wood." "A stranger who served in the sanctuary?" R. Akiba said, he is to be killed "with strangling," but the Sages say, "by the visitation of heaven."
198:1 Isaiah xxx. 20.
