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.