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Bava Kamma 49: Not Just Piles of Money

12.21.2023 | ט׳ בטבת תשפ״ד

A new mishnah, this one more challenging, in that it deals with miscarriage (and women in general). A person hits a woman and she miscarries, he pays her husband accordingly. What happens when the damage is done by an ox? How is the value of the lost pregnancy evaluated? With difficult elements… Also, the Gemara in this mishnah – addressing the question of assessing the value of the fetus (or rather, the value of the woman who has miscarried). Probing the question of whether the woman’s value increases or decreases because of the potential child… Including an unusual perspective of R. Shimon ben Gamliel, and as explained by Rava. Plus, another disturbing exposition by R. Sheshet regarding the husband getting payment in place of the wife or even their heirs – reducing the child of the lost pregnancy, beyond the technical need to assess worth for monetary compensation. Also, another mishnah, this time on “bor,” pit.

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Anne and Yardaena

Anne Gordon is the deputy editor of Ops & Blogs at The Times of Israel. She is a veteran educator, having taught in high school and post-high school institutions in Israel and America for several decades. Yardaena Osband is a pediatrician and teaches in her community and online. They both hail from Boston, proud alumna of Maimonides School, where they first learned Gemara. Talking Talmud is their conversation (via podcast) on the daf yomi. They say: “Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf…) Join the conversation with us!”

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