[If] his father was willing and his mother was not, [or] his father was not willing and his mother was willing —- he does not become a ben sorer u’moreh —- unless they are both willing. R’ Yehudah says: [If] his mother did not correspond to his fa-ther he does not become a ben sorer u’moreh.  [If] one of them is missing a hand or was lame, mute, blind, or deaf, he does not become a ben sorer u’moreh, as it says: And his father and mother shall seize him —- which excludes those missing a hand; and they shall take him out —- which excludes the lame; and they shall say —- which excludes the mute; this son of ours —- which excludes the blind; does not heed our voice —- which excludes the deaf.  They warn him before three and flog him. [If] he repeats his misdeed, he is judged by twenty-three. He is not stoned unless the original three are present, as it says: this son of ours —- this son, who was flogged in your presence.  [If] he fled before the sentence was pronounced and his lower beard then grew around, he is exempt. If he fled after the sentence was pronounced and his low-er beard then grew around, he is liable.

A ben sorer u’moreh is judged according to his eventual outcome: let him die innocent, not guilty. For the death of the wick-ed is beneficial to them and beneficial to the world, but that of the righteous is detrimental to them and detrimental to the world. Wine and sleep for the wicked are beneficial to them and beneficial to the world; but for the righteous, they are det-rimental to them and detrimental to the world. Dispersal of the wicked is beneficial to them and beneficial to the world; but that of the righteous is detrimental to them and detrimental to the world. Assembly of the wicked is detrimental to them and detrimental to the world; but that of the righteous is beneficial to them and beneficial to the world. Tranquility for the wick-ed is detrimental to them and detrimental to the world; but for the righteous, it is beneficial to them and beneficial to the world.

One who enters through a tunnel is judged according to the eventual outcome. [If] he was coming through a tunnel and he broke a barrel, if his blood is accountable, he is liable; if his blood is not accountable, he is exempt.

These are those who are saved at the cost of their lives: one who pursues another to kill him, [or who pursues] a male, or a betrothed naarah. However, one who pursues a beast, and one who desecrates the Sabbath, and one who engages in idola-try are not saved at the cost of their lives.

These are the ones who are burned: One who cohabits with a woman and her daughter, and the daughter of a Kohen who commits adultery. Included in the category of a woman and her daughter are his daughter, his daughter’s daughter, and his son’s daughter; his wife’s daughter, her daughter’s daughter, and her son’s daughter; his mother-in-law, his mother-in-law’s mother, and his father-in-law’s mother.  These are the ones who are beheaded: A murderer and the inhabitants of an apostate town. [If] a murderer struck another with a stone or with an iron, or he held him down in water or fire so that he could not escape, and he died, he is liable. [If] he pushed him into the water or into the fire and he was able to escape, but he died, he is exempt. [If] he incited a dog or a snake against him, he is exempt. [If] he caused the snake to bite him, R’ Ye-hudah considers [him] liable, but the Sages exempt [him].  [If] one struck another, whether with a stone or his fist, and they predicted that he would die, but his [condition] improved; subsequently he deteriorated [again] and died —- he is liable. R’ Nechemiah says: He is exempt because there is indication to that effect.

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.