Baba Kama 5:3-4

Baba Kama 5:3

If a person brought his ox into a homeowner’s courtyard without permission and the homeowner’s ox gored it or his dog bit it, the homeowner is exempt. If it gores the homeowner’s ox, the visitor is liable. If it fell into a pit and spoiled the homeowner’s water, the visitor is liable. If the homeowner’s father or son was in the pit (so that the falling ox killed them), the visitor must pay the appropriate financial penalty. If the ox was brought into the courtyard with permission, then the homeowner is liable. Rebbi says that in all these cases, the homeowner is not liable unless he attempted to safeguard his property.

Baba Kama 5:4

If an ox intended to gore another ox but it mistakenly gored a woman, causing her to miscarry, the ox’s owner is exempt from paying for the fetus. If one person intends to strike another but he mistakenly struck a woman, causing her to miscarry, he is liable to pay. The woman’s condition before and after giving birth is evaluated (and the offender pays the difference). Rabbi Shimon disagrees on the basis that a woman’s financial value increases after childbirth (since the inherent danger has passed). Rather, he says, they evaluate the value of the child. This fee is paid to the father or, if he is deceased, to his heirs. If the woman(‘s deceased husband) was a freed servant or a convert, the offender is exempt from payment (because he has no halachic heirs).