Bava Kamma 49 - December 21, 9 Tevet
Daf Yomi for Women - Hadran - A podcast by Michelle Cohen Farber
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Today's daf is sponsored l'ilui nishmat David ben Avraham v'Naomi on his 6th yahrzeit. 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 only mentions payment for a fetus regarding a case where a man attacked a pregnant woman. How is the amount evaluated? Is it possible there is some case where one would pay the value of an animal fetus? Rashbag disagrees with the rabbis of the Mishna but two different interpretations are brought regarding the point of contention. The payment of the fetus goes to the husband. If the husband is no longer alive, it goes to his heirs, but what if he is a convert or a freed Caananite servant and has no inheritors, does the payment go to the wife? A distinction is also made (according to one opinion) between the value of the fetus and the value of the woman who is now larger from eating more as a result of the pregnancy. The Gemara brings other laws regarding the property of converts after their death. Rabbi Yishmael and Rabbi Akiva disagree over what is the classic case of bor in the Torah?