Soncino English Talmud
Sanhedrin
Daf 77a
'R. Aha b. Rab ruled that he is not liable.' Said R. Mesharshia: Why does my grandfather rule him not liable? — Because of the verse, [Or in enmity he smite him with his hand, that he die:] He that smote him shall surely be put to death: for he is a murderer: only a murderer has the law made liable for confining, but not one who causes damage thereby. Raba said: If one bound his neighbour and he died of starvation, he is not liable to execution. Raba also said: If he bound him in the sun, and he died, or in a place of intense cold and he died, he is liable; but if the sun was yet to appear, or the cold to make itself felt, he is not.4 Raba also said: If he bound him before a lion, he is not liable:5 before mosquitoes, [who stung him to death] he is. R. Ashi said: Even before mosquitoes, he is not liable, because these go and others come.6 It has been stated: If one overturned a vat upon a man [who then died of suffocation], or broke open a ceiling above him, — Raba and R. Zera [differ]: One ruled that he is liable, the other that he is not. It can be proved that it was Raba who ruled that he is not liable, for he said: If one bound his neighbour and he dies of starvation, he is not liable. On the contrary. it can be