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The Jerusalem TalmudJerusalem Talmud Bava Kamma 5.5

The Jerusalem Talmud

Jerusalem Talmud Bava Kamma 5.5

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English · Heinrich W. Guggenheimer

MISHNAH: If a bull intended [to hurt] another bull but hit a woman who then had a miscarriage, he is not liable. But if a man intended [to hurt] a neighbor but hit a woman who then had a miscarriage, he pays for the children. How does he pay for the children? One estimates the worth of the woman before and after she gave birth. Rabban Simeon ben Gamliel said, but the value of a woman increses after giving birth! But one estimates how much the children would have been worth and gives [the value] to the husband; if she does not have a husband, to the latter’s heirs. If she was a freedwoman or a proselyte, he is not liable.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “If a bull intended,” etc. A bull which intended [to attack] another; therefore, if it intended to hit the woman is he liable? Does it make a difference whether it intended to hit the woman or intended to hit another [bull]? Then why was it stated here? Abba bar Rav Ḥana said, because he had to state the next clause: “But if a human intended [to hurt] another human but hit a woman who then had a miscarriage, he pays for the children.”

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English · Heinrich W. Guggenheimer

It was stated: “I am selling you a fertile slave girl, her children increase her value. Rabban Simeon ben Gamliel says, this is buttocks.” It is written: “If quarrelling men hit a pregnant woman and she loses her children.” Abba Yose ben Ḥanan said, from the meaning of “and she loses her children” would I not know that she was pregnant? Then why does the verse say “pregnant”? It tells you that he is not liable unless he hits her at the place of her pregnancy. Therefore, if he hit her on the palm of her hand or the sole of her foot, he is not liable. “As the woman’s husband will put on him”. Do I understand, even if the pregnancy is not his? The verse says, “pregnant”. It tells that he pays only to the master of the pregnancy. Rebbi Uqba asked, if somebody sleeps with his mother or his sister, is that one not also the master of the pregnancy? The verse says “husband”, somebody who may be called “husband”. This excludes those who cannot be called “husband”.

4
English · Heinrich W. Guggenheimer

Rebbi Yasa in the name of Rebbi Joḥanan: Fetuses do not gain freedom by ‘tooth and eye.’ One understands “eye”. Tooth? Rebbi Yose ben Rebbi Abun said, so is the baraita: Fetuses do not gain freedom by their mother’s ‘tooth and eye.’

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Jerusalem Talmud Bava Kamma 5.5English
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Jerusalem Talmud Bava Kamma 5.50%

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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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