Bava Kamma 49 - Damages to a Pregnant Woman (Torts)

If an ox intended to gore its fellow ox, and it struck a pregnant woman instead, and her offspring were miscarried, the ox's owner is exempt from paying for the value of the offspring.

But if a person intended to strike his fellow and instead struck a pregnant woman and her offspring were miscarried, he must pay her husband the full value of the offspring. For this, they assess how much she was worth before giving birth and how much after miscarriage, using prices of the slave market. Of course, if the woman suffered an additional injury, that damage is assessed separately.

Art: The Pregnant Woman by Thomas Rowlandson

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