Sanhedrin 79: Force, Intent, and What It Takes to Convict
Two new mishnayot! First, one with the case of one who intends to kill an animal, but kills a person, or a non-Jew and then Jew, etc. Disturbing cases, but in the effort of determining the parameters of the case - when the perpetrator would be culpable, and when not. Plus, many cases of intending one action (including killing), but where the result is the death of someone else - where the perpetrator is deemed not liable. Such that intent and the degree of his blow, for example, will bring about a death - he may well be culpable after all. But if the intent included the person who is killed - then the culpability is more likely, depending on the logic of the given case. Also, the exempt cases - when you're not sure who of the group killed someone outside of the group -- applying to and assessing the perpetrator... which leads to the decision for "machnisin oto la-kipah," where the court can't establish a death sentence judgement, but they also can't let these perpetrators go free.