What role does intention plays in a murder case? TB Sanhedrin 79

Today’s daf TB Sanhedrin 79 deliberates what role intention plays in a murder case. It is a three-way disagreement.

The sages have three criteria. 1, the person has to have the intent of the murder; 2, the person has to inflict a blow strong enough to cause death; 3, in the case of wrongful death, the person has to intend to murder somebody and be liable for the death penalty. For example, if a person intended to murder Yehuda, but missed and murdered Reuvan, he still would be liable for the death penalty.

Rabbi Shimon also has three criteria. 1, the person has inflict a blow causing death; 2, the person has to have intend to murder; 3, the person has to have the intention to kill a specific person. In the above case when a person intended to murder Yehuda, but missed and murdered Reuvan, he would only be liable for monetary compensation payable to the survivors. “According to his opinion, the party to the quarrel is exempt from the punishment of execution in this case. The Gemara answers: According to Rabbi Shimon, “a life for a life” is not referring to execution; rather, the reference is to monetary restitution. And this understanding is in accordance with the opinion of Rabbi Yehuda HaNasi, as it is taught in a baraita: Rabbi Yehuda HaNasi says that the phrase “then you shall give a life for a life” (Exodus 21:23) does not mean execution, but rather monetary restitution.”  (Sefaria.org translation)  

The school of Ḥizkiyya exempts the above person from the death penalty and monetary restitution. “Rava says: That which the school of Ḥizkiyya taught diverges from the statement of Rabbi Yehuda HaNasi, and diverges from the statement of the Rabbis. The school of Ḥizkiyya holds that in the case where one intended to kill one individual and killed another individual, he is exempt from both liability to be executed, counter to the opinion of the Rabbis, and from the obligation to pay monetary restitution. As the school of Ḥizkiyya taught: The verse states: “And he who kills an animal shall pay for it, and he who kills a man shall be put to death” (Leviticus 24:21), indicating that one who kills a man and one who kills an animal are comparable.  

“This teaches that just as with regard to one who kills an animal, the Torah did not differentiate between whether he does so unwittingly or intentionally, whether he acts with intent or with no intent, or whether he strikes in the course of a downward motion or in the course of an upward motion, and this is not to exempt him from paying monetary restitution in all these cases but rather to render him liable to pay monetary restitution, as one who kills an animal is liable in any event; similarly, with regard to one who kills a person, do not differentiate concerning him whether he does so unwittingly or unintentionally, whether he acts with intent or with no intent, or whether he strikes in the course of a downward motion or in the course of an upward motion, and this is not to render him liable to pay monetary restitution for the damage he causes in the process of killing him but rather to exempt him from paying monetary restitution in any event.” (Sefaria.org translation)

The halakha follows the sages.

Although I am not a lawyer, attorney Google seems to say that American law is completely different from Jewish law.

In the United States, unintentional killing is called involuntary manslaughter, not murder. Involuntary manslaughter is when someone kills another person without malice or intent to kill. 

Elements of involuntary manslaughter The killing was unlawful, The killing was not intentional, and The killing was caused by recklessness or negligence. 

Involuntary manslaughter penalties 

·        States often have their own sentencing guidelines for involuntary manslaughter

·        Judges have discretion in determining the sentence

·        Federal law may apply to juveniles charged with involuntary manslaughter

Examples of involuntary manslaughter 

·        Recklessly causing a death

·        Performing an abortion that results in the death of the patient

·        Intentionally helping someone commit suicide

·        Causing a death while committing a misdemeanor

Comparison to murder

The main difference between involuntary manslaughter and murder is the intent to kill. However, extreme recklessness that shows indifference to human life may support a murder charge. (https://www.google.com/search?q=Unintentional+murder+In+American+law+&sca_esv=07ed4e611c1941a0&rlz=1C1CHBD_enUS915US915&sxsrf=AHTn8zqZ2iqKFKEP1yY8ewOlcdWQuUn4aA%3A1741290323883&ei=U_vJZ4K_NbG15NoPweOVsQo&ved=0ahUKEwjCtNL5m_aLAxWxGlkFHcFxJaYQ4dUDCBA&uact=5&oq=Unintentional+murder+In+American+law+&gs_lp=Egxnd3Mtd2l6LXNlcnAiJVVuaW50ZW50aW9uYWwgbXVyZGVyIEluIEFtZXJpY2FuIGxhdyAyBRAhGKABMgUQIRigATIFECEYoAEyBRAhGKABMgUQIRigAUj5ugJQlglYkLECcAR4AZABAJgBoQGgAdQMqgEDOS42uAEDyAEA-AEBmAIToALtDagCEcICBxAjGLADGCfCAgoQABiwAxjWBBhHwgINEAAYgAQYsAMYQxiKBcICDhAAGLADGOQCGNYE2AEBwgIZEC4YgAQYsAMY0QMYQxjHARjIAxiKBdgBAcICBBAjGCfCAgoQIxiABBgnGIoFwgIQEAAYgAQYsQMYQxiDARiKBcICChAAGIAEGEMYigXCAgsQABiABBixAxiDAcICExAuGIAEGMcBGCcYigUYjgUYrwHCAgcQIxgnGOoCwgITEAAYgAQYQxi0AhiKBRjqAtgBAcICHBAuGIAEGNEDGEMYtAIYxwEYyAMYigUY6gLYAQHCAgYQABgWGB7CAgsQABiABBiGAxiKBcICCBAAGIAEGKIEwgIFEAAY7wXCAggQABgHGAgYHsICBBAAGB7CAgYQABgIGB7CAgUQIRirApgDFPEF0ztoNyekPcKIBgGQBhG6BgYIARABGAmSBwQxMC45oAe7Xg&sclient=gws-wiz-serp)