Apr. 29th, 2010

cellio: (talmud)
The mishna describes the differences between capital murder and manslaughter (though not in those terms). One who slew his fellow with a stone or an iron, or held him under water or in fire so that he could not ascend, is executed. But one who threw his fellow into water or fire, but did not then block his ascent, is not executed. Also if he set a dog or a snake against him fatally he is not executed. If he caused the snake to bite, R' Yehudah says he is executed but the sages say he is not. (76b)

(What happens to the killer who is not executed? He has to flee to one of the cities of refuge; he isn't free to go on with his life normally.)

The g'mara goes on to discuss indirect killing, like what if you bind your neighbor and he dies of starvation, or you throw a ball and it bounces off a wall and kills someone? This leads to discussions (on the next page) of multi-actor killings: if one thrusts his neighbor into a pit in which there is a ladder, and then someone else removes the ladder, or if ten people beat someone with ten staves and he dies, who is liable?

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