וְכִֽי־יְרִיבֻ֣ן אֲנָשִׁ֔ים וְהִכָּה־אִישׁ֙ אֶת־רֵעֵ֔הוּ בְּאֶ֖בֶן א֣וֹ בְאֶגְרֹ֑ף וְלֹ֥א יָמ֖וּת וְנָפַ֥ל לְמִשְׁכָּֽב׃
E quando homens brigarem, e um ferir o outro com pedra ou punho, e ele não morrer, mas cair na cama,
On the Special Laws
§ 120. (Involuntary homicide.) What does Philo understand by this? In the Pentateuch it seems to mean accidental homicide, see particularly the example given in Deut. 19:5 of the man killed by the slip of the head from his neighbour’s axe. Nothing is said in these sections exactly in contradiction of this, though the μὴ ἐκ προνοίας in § 128 may point to a wider interpretation. But in §§ 92 and 104 we have had suggestions that he regards homicide, if committed in sudden anger or in an unpremeditated quarrel, as different from ordinary murder, though he does not follow this up (see notes on §§ 92 and 104). His view in fact seems much the same as that of Plato, who (Laws 866 D ff.) discusses the point and says that one who kills another in hot blood or unpremeditatedly is οὐ παντάπασιν ἀκούσιος ἀλλʼ εἰκὼν ἀκουσίου. Philo’s ἡμίεργον in § 92 is a rough equivalent of Plato’s εἰκών (“likeness or shadow,” Jowett) and indeed may be a reminiscence of it. That is to say, it is something between ἀκούσιος and ἑκούσιος. One may conjecture that he does not consider it worthy of death, but in face of the law of Ex. 21:18, 19, described in § 100, refrains from saying so.