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|SANHEDRIN 78 - Dedicated l'Iluy Nishmas Reb Aharon David ben Mordechai Kornfeld upon the passage of 30 days since his Petirah, by his son Mordecai and his family.|
If ten people strike a person at the same time and kill him they are Patur from Misah. However, if they hit him one after the other and he dies then there is a Machlokes regarding liability.
2. Someone who kills a Goses is Chayav Misah, but someone who kills a Tereifah is Patur.
3. One who is Rove'a a Tereifah is Chayav Misah.
4. If a Tereifah kills someone or is Rove'a someone in front of Beis Din, he is Chayav; otherwise he is Patur.
5. If witnesses testify against a Tereifah and they subsequently become Zomemim, they are Patur from Misah. If witnesses who are Tereifah become Edim Zomemim, there is an argument whether they are Chayav Misah.
6. If an ox which belongs to a Tereifah kills a person it is Patur, but if the ox itself is a Tereifah there is an argument whether it is Chayav Misah.
7. If someone presses a snake against a person and it bites him and kills him, there is an argument whether he is Chayav Misah.
8. If someone strikes his friend and it appeared that he would die from his wounds, if the friend survives the perpetrator is Patur from Misah.
9. Someone strikes his friend and it appeared at the time that the friend would live. If the friend subsequently dies, the perpetrator is Patur from Misah.
10. Someone struck his friend and it appeared at the time that the friend would die. However, the friend recovered to the extent that it appeared he would live. Sadly, the friend later relapsed and died. In such a case, there is an argument whether the perpetrator is Chayav Misah.
A BIT MORE
1. The Rabanan maintain that if ten people strike a person one after the other and he dies, then they are all Patur from Misah. Rebbi Yehudah Ben Beseira maintains that the last person to strike him is Chayav Misah.
2. A Goses is considered to be alive even though he is deathly ill, since his body is intact. A Tereifah is considered to be dead even though he looks healthy externally, because he has a mortal wound.
3. Even though one is Patur from Misah if he is Rove'a a dead person, and a Tereifah is regarded a dead person - nevertheless one is Chayav Misah for being Rove'a a Tereifah. The reason for this is because the Rove'a has Hana'ah from being Rove'a a Tereifah, whereas he has no Hana'ah from being Rove'a a dead person.
4. If the Tereifah did not perform the murder or Revi'a before Beis Din, he is Patur from Misah. The reason for this is because the witnesses who testify against him cannot be punished as Edim Zomemim, since they are attempting to kill a person who is already considered dead. If the witnesses cannot become Zomemim, their testimony is not valid.
5. Rava holds that witnesses who are Tereifah *can* become Edim Zomemim. Rav Ashi disagrees, and says that they cannot become Edim Zomemim. He reasons that Mazimim who testify against the Tereifah witnesses cannot be punished as Zomemei Zomemim - since they are attempting to kill witnesses who are already considered dead. Therefore, the testimony of the Tereifah witnesses is Edus which cannot become Zomemim, and is invalid as testimony.
6. If the ox belongs to a Tereifah it is Patur from Misah, since an ox is only Chayav Misah if the owner would be Chayav Misah had he killed. If the owner was a Tereifah and he killed a person he would be Patur from Misah. since testimony against a Tereifah is invalid (because the witnesses cannot be made into Zomemim). However, if the *ox* is a Tereifah Rava holds it *is* Chayav Misah. Rav Ashi argues, reasoning that since the owner would be Patur from Misah if he was a Tereifah, so, too, the ox is Patur from Misah if it is a Tereifah - because the Torah compares the Misah of the ox to the Misah of the owner.
7. Rebbi Yehudah holds the perpetrator is Chayav Misah because the venom of a snake is hanging from its fangs. The fangs of a snake in the hands of the perpetrator is tantamount to a knife in the hands of a murderer. Therefore the perpetrator is Chayav Misah and the snake is Patur from Misah. The Rabanan argue, reasoning that the venom does not hang from the fangs. Rather, the snake itself thrusts the venom into its fangs when it wants to kill. Therefore, the snake is considered to have performed the murder, not the person who held it. The person holding the snake is only a Gerama in the death of the victim. Consequently, the snake is put to death and the person holding it is Patur from Misah.
8. The perpetrator is kept under lock and key until the victim recovers.
9. Although the perpetrator is Patur from Misah, he must compensate the family of the victim for the time that the victim was unable to work during his illness, and for the medical expenses that were incurred by the inllness.
10. Rebbi Nechemyah says that since the victim recovered at one point and we re-evaluated that the perpetrator need only provide him with monetary compensation, the perpetrator can no longer be given the death sentence - even if the victim relapsed and died. The Chachamim argue that the re-evaluation was meaningless. Since we originally estimated that the victim will die, and he did die, the perpetrator is Chayav Misah.
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