Jul 192016
 

Study Guide Bava Kamma 49

An animal who attacks a pregnant woman and she miscarries does not pay the value of the fetus but a person who attacks a pregnant woman does pay.  This is because the verse in the Torah describes this situation and says that the attacker must pay the value of the fetus to the husband.  How is the amount evaluated?  If the husband is no longer alive, it goes to his inheritors, but what if he is a convert or a freed Caananite servant and has no inheritors?  This questions are debated and various answers are given.  A distinction is also made (according to one opinion) between the value of the fetus and the value of the woman who is no larger from eating more as a result of the pregnancy.

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