One who aimed to kill an animal but killed a human, [or who aimed to kill] a gentile but killed a Jew, [or who aimed to kill] a premature baby but killed a viable one —- is exempt. [If] he aimed to strike him on his loins, and the force [of the blow] was not sufficient to kill at that spot, but it struck his chest where its force was sufficient to kill, and he died —- he is exempt. [If] he aimed to strike him on his chest, and the blow contained sufficient force to kill at that spot, but it struck his loins where its force was in- sufficient to kill, and he died —- he is exempt. [If] he aimed to strike an adult, and the force was not sufficient to kill an adult, but he struck a child, whom it was sufficient to kill, and he died —- he is exempt. [If] he aimed to strike a child, and the force was sufficient to kill a child, but he struck an adult, whom it was not sufficient to kill, and he died —- he is exempt. However, [if] he aimed to strike him on his loins, and the force was sufficient to kill at that spot, but he struck his chest, and he died —- he is liable. [If] he aimed to strike an adult, and the force was sufficient to kill an adult, but he struck a child, and he died —- he is liable. R’ Shimon says: Even [if] he aimed to kill this one and he killed that one he is exempt.

[If] a murderer[‹s identity] was lost in a group, they are all exempt. R’ Yehudah says: We place them in a cell. Any [time] peo-ple sentenced to execution become confused with one another, they are subjected to the most lenient [one]. [If] those sen-tenced to be stoned [became confused] with those sentenced to be burned —- R’ Shimon says: They are [all] executed by stoning, as burning is more severe. But the Sages say: They are executed by burning, as stoning is more severe. Said R’ Shimon to them: If burning were not more severe, it would not have been meted out to the daughter of a Kohen who commits adultery. They said to him: If stoning were not more severe, it would not have been meted out to the blasphemer and idolater. [If] those to be beheaded [became confused] with those to be strangled —- R’ Shimon says: [They are executed] by beheading. But the Sages say: By strangulation.

One who became liable to two forms of execution is subjected to the more severe [form]. [If] he committed a transgression which was punishable by two [forms] of execution, he is subjected to the more severe [one]. R’ Yose says: He is subjected to the one by which he was first enjoined.

Someone who was flogged twice is placed by the court in a cell where he is fed barley until his stomach bursts. Someone who murders without witnesses [to that effect] is placed in a cell where he is fed spare bread and scant water.