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1) WHO PAYS FOR A FETUS

(a) (Mishnah): An ox intended to gore an ox; it hit a woman, making her miscarry - it does not pay for the fetus;

1. Reuven intended to kill a man, he hit a woman, making her miscarry - he pays for the fetus.

(b) To pay for the fetus, we evaluate how much the mother was worth before giving birth and after giving birth;

1. R. Shimon ben Gamliel says, that cannot be - if so, she is worth more after birth!
2. Rather, we estimate how much the child is worth - he gives this to her husband;

i. If she has no husband, it goes to his heirs.
ii. If she was a freed slave or convert (and also her husband was a freed slave or convert, and he had no heirs) , there is no payment.

(c) (Gemara) Inference: The ox does not pay because it intended for an ox - had it intended for her, it would pay - this refutes Rav Ada bar Ahavah.

1. (Rav Ada bar Ahavah): An ox that intended for a woman does not pay for the fetus.

(d) Rejection: No - even if it intended for her, it would not pay;

1. The Mishnah spoke of intending for an ox for parallel structure to the case of a man.

(e) (Rav Papa): An ox gored a slave, making her miscarry - it pays for the fetus.
(f) Question: Why is this?
(g) Answer: She is (her master's property), just as a pregnant donkey;

1. "Im (with) the donkey" - Am (nation) that resembles a donkey.

(a) (Mishnah): To pay for the fetus, we evaluate...
(b) Question: It should not say the value of the fetus, rather (Bach - the value of the fetus and) the added value of the fetus!
(c) Answer: True - the Mishnah asks, how do we evaluate the value and added value of the fetus? We evaluate how much the mother was worth before giving birth and after giving birth.
(d) (Mishnah): R. Shimon ben Gamliel says, that cannot be - if so (as Chachamim), she is worth more after birth!
(e) Question: What does this mean? (Chachamim say she is worth less after birth!)
(f) Answer #1 (Rabah): A woman is not worth less after birth, rather she is worth more (for she is no longer in danger);

1. Rather, we estimate how much the child is worth - he gives this to her husband;
2. Support (Beraisa): A woman is not worth more before birth - rather, she is worth more after birth!

i. Rather, we estimate how much the child is worth - he gives this to her husband;

(g) Answer #2 (Rava): R. Shimon ben Gamliel asks, the added value of a pregnant woman - does this only belong to her husband, and not to herself?!

1. Rather, we estimate how much the child is worth - he gives this to her husband;
2. The extra amount she is worth on account of the pregnancy is shared with her husband.
3. Support (Beraisa - R. Shimon ben Gamliel): The added value of a pregnant woman - does this only belong to her husband, and not to her herself?!

i. Rather, we estimate the Nezek by itself, and the pain by itself, and give these to her;
ii. We evaluate the child - this goes to her husband;
iii. The extra amount she is worth on account of the pregnancy is shared with her husband.

(h) Question: R. Shimon ben Gamliel contradicts himself in the 2 Beraisos!
(i) Answer: No - the first Beraisa is by a woman giving birth the first time (she is in great danger, she is worth less before birth); the second Beraisa is by a woman that already gave birth.
(j) Question: Chachamim say that the husband also gets the extra amount she is worth on account of the pregnancy - why is this?
(k) Answer (Beraisa): It says "And she lost her children" - why must it say (that she was) "pregnant"?

1. This teaches, the extra amount she is worth on account of the pregnancy goes to her husband.

(l) Question: What does R. Shimon ben Gamliel learn from "pregnant"?
(m) Answer: As R. Eliezer ben Yakov learns.

1. (Beraisa - R. Eliezer ben Yakov): He only pays for the fetus if he hit her in the area of the fetus.
2. (Rav Papa): This means, anywhere where heat of the blow will reach the child (the torso), i.e. excluding the legs and arms.

(a) (Mishnah): If she was a freed slave or a convert (and also her husband was a freed slave or convert, and he had no heirs), Reuven does not pay.
(b) (Rabah): This is only if he hit her in her husband's lifetime, and then her husband died;

1. At the time he hit her, the payment belongs to her husband; once he dies, Reuven is exempted.
2. But if he hit her after her husband died, he must pay her.

(c) (Rav Chisda): Payment for the fetus is not something which can be transferred!

1. The Torah said that the husband gets it; if there is no husband, it is not paid.

(d) Question (Beraisa): Reuven hit a woman, making her lose her fetus - he pays Nezek and pain to her, and compensation for the fetus to her husband;

1. If the husband is dead, his heirs receive his share; if she died, her heirs receive her share.
2. If she was a freed slave or a convert, he (Reuven) merits (to be exempt).

(e) Answer #1: Just as we explained that the Mishnah is when he hit her in her husband's lifetime, also the Beraisa.
(f) Answer #2: He hit her even after her husband died; the Beraisa means, whoever merits collects (i.e. if she was hit after her husband died, she collects).

(g) Suggestion: Tana'im argue as Rabah and Rav Chisda.

1. (Beraisa #1): A Bas Yisrael married a convert and became pregnant through him; Reuven hit her (in her husband's lifetime, making her miscarry) - he pays her husband;
2. If he hit her after her husband died, he is liable.

(h) (Beraisa #2): He is exempt.
(i) Indeed, Rabah is only as Beraisa #1; he must admit, Beraisa #2 is as Rav Chisda.
(j) But Rav Chisda can say, both Tana'im are as him; Beraisa #2 is as Chachamim, Beraisa #1 is as R. Shimon ben Gamliel (who says that she gets a share of her increased value).

1. Question: If Beraisa #1 is as R. Shimon ben Gamliel - why does it mention the husband dying, even if he is alive she gets a share!
2. Answer: In his life, she only gets half; after he dies, she gets her entire increased value.

(k) Alternatively - Rav Chisda can say, both Beraisos are as R. Shimon ben Gamliel; the second speaks of payment for the fetus, the first speaks of payment for her increased value.
(l) Question: We should learn from her increased value to payment for the fetus (just as she merits his share of her increased value when he dies, also payment for the fetus); and from R. Shimon ben Gamliel to Chachamim (that she merits what was due to her husband (when he dies))!
(m) Answer: No - she is party to her increased value, so when he dies, she merits his share of it;

1. She has no share of payment for the fetus - when he dies, she does not merit what was due to him.

(a) Question (Rav Yeba Sava): Reuven grabbed the documents of a convert that died (without heirs) - what is the law?

1. Did he grab them intending to acquire the land?

i. The land can only be acquired through Chazakah - he did not do this, so he gets neither the land nor the document.

2. Or - is he also intending for the document (so he acquires the document)?

(b) Rav Nachman: Does he want a worthless document to use as a bottle-cork?!
(c) Rav Yeba: Yes!
(d) (Rabah): A convert (Yisro) had a pledge from Reuven; Yisro died, and Shimon grabbed the pledge - he must give it to Reuven.
(e) Question: Why is this?
(f) Answer: When Yisro died, his lien on the pledge ended.
(g) Reuven had a pledge from a convert (Yisro). Yisro died, and Shimon grabbed the pledge - Reuven collects the amount of his loan, and Shimon keeps the rest.
(h) Question: Reuven's premises should acquire the entire pledge for him!

1. (R. Yosi bar Chanina): A person's yard acquires for him without his knowledge.

(i) Answer #1: The case is, Reuven is not in the city.

1. (This answer holds) whenever Reuven can acquire things, his yard can acquire for him; whenever Reuven cannot acquire (e.g. he is not here), his yard cannot acquire for him.

(j) Answer #2: The case is, the pledge is not in Reuven's yard; the law is as this answer (but not as Answer #1).