One Who Strikes a Person So That He Dies

Mekhilta DeRabbi Shimon Ben Yochai 21:12

"One who strikes a man" (Exodus 21:12): I know only of one who strikes a man. From where one who strikes a woman or a minor? Scripture says (Leviticus 24:17), "if he strikes down any human life" whether man, woman, or minor. I know only of a man who strikes; from where a woman who strikes? Scripture says "one who strikes" whether man or woman. If so, why is "a man" said? Because one might think that even if he struck a non-viable infant or an eight-month child he would be liable; Scripture says "a man" just as a "man" is distinct in being viable, so are excluded the non-viable infants and the eight-month child, who are not viable. "And he dies" (Exodus 21:12): this tells that he is not liable until the victim dies. From here you say: if one struck him and another came and finished him off, the latter is liable. "He shall surely be put to death" (Exodus 21:12): we do not know by what means this one's death shall be. Behold, it says (Exodus 21:20), "he shall surely be avenged," and it says elsewhere (Leviticus 26:25), "and I will bring upon you a sword avenging the vengeance of the covenant" just as the "vengeance" stated there is by the sword, so too the "vengeance" stated here is by the sword.

Themes