Mesorat%20hashas for Bava Kamma 5:4

שׁוֹר שֶׁהָיָה מִתְכַּוֵּן לַחֲבֵרוֹ וְהִכָּה אֶת הָאִשָּׁה וְיָצְאוּ יְלָדֶיהָ, פָּטוּר מִדְּמֵי וְלָדוֹת. וְאָדָם שֶׁהָיָה מִתְכַּוֵּן לַחֲבֵרוֹ וְהִכָּה אֶת הָאִשָּׁה וְיָצְאוּ יְלָדֶיהָ, מְשַׁלֵּם דְּמֵי וְלָדוֹת. כֵּיצַד מְשַׁלֵּם דְּמֵי וְלָדוֹת, שָׁמִין אֶת הָאִשָּׁה כַּמָּה הִיא יָפָה עַד שֶׁלֹּא יָלְדָה וְכַמָּה הִיא יָפָה מִשֶּׁיָּלָדָה. אָמַר רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל, אִם כֵּן, מִשֶּׁהָאִשָּׁה יוֹלֶדֶת, מַשְׁבַּחַת. אֶלָּא שָׁמִין אֶת הַוְּלָדוֹת כַּמָּה הֵן יָפִין, וְנוֹתֵן לַבַּעַל. וְאִם אֵין לָהּ בַּעַל, נוֹתֵן לְיוֹרְשָׁיו. הָיְתָה שִׁפְחָה וְנִשְׁתַּחְרְרָה, אוֹ גִיּוֹרֶת, פָּטוּר:

If one ox had intent to (gore) another and it struck a woman and she miscarried, he (the owner) is not liable to compensate for the miscarriage. And if one man intended to (strike) another, and he struck a woman and she miscarried, he must compensate for the miscarriage. [Since it is to be taught "If one man intended to strike another, etc.", it is also taught: "If one ox had intent to gore another, etc." For even if it had intent to gore the woman, the owner need not compensate for the miscarriage, such liability obtaining only with a man.] How is the miscarriage compensated for? The woman is assessed — how much she is worth (for sale as a bondswoman) before giving birth and how much after giving birth. R. Shimon b. Gamliel said: If so — a woman is worth more after giving birth! [If it is thus assessed, he will give her nothing! For a woman is worth more after giving birth. For before giving birth, her sales value is less, in that she is in danger of dying in childbirth.] Rather, the (sales) value of (what would have been) the children is assessed, and that is given to the husband. And if she has no husband, he gives it to his heirs. If she were a freed bondswoman [married to a proselyte or to a freed bondsman] or a proselytess [married to one of them, and the husband died], he is not liable. [For one holding the property of a proselyte who dies and has no heirs acquires it. And this one (who caused the miscarriage) is first to acquire what he holds. The same is true for a Jewess who married a proselyte. If the proselyte died, he (the causer of the miscarriage) is not liable, for the miscarriage compensation goes to the husband. But because it is generally a freed bondswoman and a proselytess who are married to a proselyte, we have "bondswoman" and "proselytess."]

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