Shemos 21:22 I think



In Shemos 21:22 or thereabouts, it says that if two men struggle and
injure a woman who is obviously nearby, and she dies, the person who
killed her is liable for the death penalty.

My first thought is that her death was accidental, since it was the
two men who were struggling, and that whoever killed her didn't even
intend to hurt her, much less kill her. Shouldn't he be able to flee
to a city of refuge?

The only way so far that I can understand this is that when it says
'struggle" it means that one man is intending to kill the other, and
that this intention is transferred to the woman he actually kills.

This might be true in American law too. If someone intends to kill A
but fires and kills, he's still guilty of murder.

But somehow it doesn't seem the same if the men are only struggling
with their hands, without weapons.

Can someone explain this to me?
.



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