both/neither considered to have a din of Rodef
Neither.
I’m not sure where you get that from the language of the Kesef Mishna (or the Gemorah in Sanhedrin), would you mind elaborating? If ????? ?? ???? ??, why is the fetus Nogaiah to the din of Rodef at all?
Avram: Rashi in Sanhedrin 72B (which DY point me to) explicitly says (D”H Yatza) that the fetus is not considered a “Nefesh”, and is therefore a Rodef.
I’ll try to look into the Sugyah more over Shabbos, as I will admit I do not have a clear Havanah in the Gemorah’s answer of ????? ?? ???? ??.