- נתכוין להרוג את זה והרג את זה
The next Mishnah states that one who intended to kill an animal or idolator, but instead killed a Jew standing nearby, he is exempt. If he intended to strike the victim where he would not be killed, but struck his heart where the blow could kill him, or intended to strike him where the blow could kill him but mistakenly struck him where the blow was not able to kill him, but he died anyway, he is also exempt. Rebbe Shimon says: אפילו נתכוון להרוג את זה והרג את זה פטור – even if he intended to kill this person but killed that person, he is exempt. The Gemara explains that the Tanna Kamma implies in the first case that one is only exempt if he intended to kill a non-Jew and killed a Jew, but if he intended to kill one Jew but killed another, he is liable. Rebbe Shimon disagrees, and the Gemara adds that even if he intended to kill either of two people, or intended to kill someone who turned out to be a different person, Rebbe Shimon says he is exempt, עד שיאמר לפלוני אני מתכוון – unless he says, “I intend to [kill] Ploni,” the person he killed.
- One who threw a stone into a group of people (כל קבוע כמחצה על מחצה דמי)
Rebbe Shimon’s source is the passuk: "וארב לו וקם עליו" – he ambushes and rises against him, teaching עד שיתכוון לו – the killer is not executed unless he intends to kill him. The Rabbonon darshen: פרט לזורק אבן לגו – to exclude from execution one who throws a stone into a group consisting of Jews and non-Jews, and he kills a Jew. Since it was likely he would kill a non-Jew, he is not executed. The Gemara asks that if most of the people were non-Jews, it is obvious he is exempt, and even if half were non-Jews, it is obvious, since ספק נפשות להקל – a case of doubt concerning capital punishment is ruled leniently (and the killer can say he intended to kill a non-Jew). The Gemara concludes that the group consisted of nine Jews, and one non-Jew. The passuk teaches that although the majority are Jews, since the non-Jew was "קבוע" – fixed in place, the killer is not executed, because כל קבוע כמחצה על מחצה דמי – any ספק involving something fixed in place is considered like a ספק of fifty-fifty.
- A murderer became mixed with “others”
The next Mishnah states: רוצח שנתערב באחרים – if a murderer became mixed with “others,” they are all exempt. Rebbe Yehudah says: כונסין אותן לכיפה – they are gathered into a chamber and are indirectly killed, as described on Daf 81. If people sentenced to different methods of executions became mixed, נידונין בקלה – they are judged with the most lenient method. The Gemara asks who the “others” are that a murderer was confused with in the first case. If they are innocent, it is obvious they are all exempt, and Rebbe Yehudah would not rule to kill them through the כיפה method!? Shmuel explained that one murderer, שלא נגמר דינו – whose verdict was not issued, became mixed with convicted murderers. The Rabbonon hold: אין גומרין דינו של אדם אלא בפניו – we can only issue a verdict in his presence, and since he cannot be identified, he cannot be convicted, and everyone is exempt. Rebbe Yehudah holds they cannot all be exempt since they are all murderers, so they are killed through the כיפה method. Reish Lakish says they argue about a שור whose verdict (for killing people) was not issued, and was mixed with oxen which were already sentenced to death. Rava says a third explanation on the next Daf.
