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 his 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.”