(Mishnah): If an ox intended to gore an ox, and hit a woman and made her miscarry, it does not pay for the fetus;

If Reuven intended to kill a man, and he hit a woman and made her miscarry, he pays for the fetus.

How does one pay for the fetus? We evaluate how much the mother was worth before giving birth and after giving birth;

R. Shimon ben Gamliel: (This cannot be.) If so, she is worth more after birth! Rather, we estimate how much the child is worth. He gives this to her husband;

If she has no husband, it goes to his heirs.

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.

(Gemara) Question: [Our Mishnah discusses] an ox that intended [to gore] an ox. This implies that if it intended for the woman, it is liable!

Answer: It makes no difference. [It is exempt] whether it intended for the woman or for another ox.

Question: Why was it taught here [that it intended for another ox]?

Answer (Aba bar Rav Chanan): It is due to a later clause in the Mishnah. If Reuven intended to kill a man, and he hit a woman and made her miscarry, he pays Demei Vlados.

(Beraisa): One who says to his friend "I sell to you a Shifchah who can bear children'', her [ability to bear] children increase her value;

R. Shimon ben Gamliel says, is this a praise?! (If she did not bear children until now, this decreases her value, for she is in danger of dying during birth!)

Question (Aba Yosi ben Chanan): It is written "Ki Yinatzu Anashim v'Nagfu Ishah Harah v'Yatz'u Yeladeha'' - since it says that she miscarried, do I not know that she was pregnant?! Why does it say Harah?

Answer #1: This teaches that he is liable only if he hit her in place of her fetus, but if he hit her on the hand or on the foot, he is exempt.

Suggestion: "Ka'asher Yushas Alav Ba'al ha'Ishah'' connotes even if the pregnancy is not from him (e.g. she was pregnant from her first husband when she married him)!

Rejection (and Answer #2): "Harah'' teaches that he pays only to the one from whom she is pregnant.

Suggestion (R. Ukva): If one had Bi'ah with his mother or his sister [he should be able to receive Demei Vlados]. The pregnancy is from him!

Rejection: "Ba'al'' - one who is proper to be called a husband. This excludes these [and all Arayos], who are not proper to be called a husband.

(R. Yosah citing R. Yochanan): Fetuses do not go free through [the master knocking out also tooth or eye.

Question: Granted, [he needs to teach about] an eye. [Why did he need to teach about] a tooth? (Even a born slave goes free only for permanent teeth!)

Answer (R. Yosi bei R. Bun): [R. Yochanan] meant that fetuses do not go free through a tooth or eye of their mother.