Responsa for Yevamot 240:15

אלא מעתה יהא גולה על ידו אלמה תניא שחט שנים או רוב שנים הרי זה אינו גולה הא איתמר עלה אמר רב הושעיא חיישינן שמא הרוח בלבלתו אי נמי שמא איהו

indicated by gestures, 'Write a letter of divorce for my wife', [such document] is to be written and delivered [to his wife]!<span class="x" onmousemove="('comment',' Lit., 'behold these shall write and give'; which shows that one in such a condition is still regarded as a living man. How, then, could it be said that Rab Judah in the name of Samuel accepted the legality of the evidence of death in similar circumstances! ');">³⁷</span> — He is alive<span class="x" onmousemove="('comment',' Hence the validity of his letter of divorce. ');">³⁸</span> but will eventually die.<span class="x" onmousemove="('comment',' And the evidence of his — death is consequently also valid. ');">³⁹</span> If this is so<span class="x" onmousemove="('comment',' If eventual death is regarded as a certainty. ');">⁴⁰</span> one<span class="x" onmousemove="('comment',' The man who unwittingly inflicted the wounds mentioned. ');">⁴¹</span> should go into exile<span class="x" onmousemove="('comment',' Cf. Deut. XIX, 2f ');">⁴²</span> on account of him; while, in fact,<span class="x" onmousemove="('comment',' Lit., 'wherefore'. ');">⁴³</span> it was taught: If a man cut [unwittingly] the two, or the greater part of the two [organs<span class="x" onmousemove="('comment',' The oesophagus and the trachea. ');">⁴⁴</span> of another man] he is not to go into exile! — Surely in connection with this it was stated that R. Hoshaia explained: The possibility must be taken into consideration that the wind might have aggravated the wound<span class="x" onmousemove="('comment',' Or 'made him senseless' (cf. Jast.). ');">⁴⁵</span> or that he himself<span class="x" onmousemove="('comment',' By excessive struggling. ');">⁴⁶</span> also may

Teshuvot Maharam