Who Receives Payment for the Value of the Lost Offspring

Another interpretation: since it says, "as the woman's husband shall impose upon him" (Exodus 21:22), I might think this applies even though the pregnancy is not his; Scripture therefore says "pregnant," teaching that he pays only the husband to whom the pregnancy belongs. A person who intended to strike his fellow but struck the woman, and her offspring came out, pays the value of the offspring. How? We assess the woman, how much she was worth before she gave birth and how much she is worth after she gave birth. Rabbi Shimon ben Gamliel said: if so, once a woman gives birth she increases in value! Rather, we assess the offspring, how much they are worth, and give it to the husband. If she has no husband, it is given to the heirs. If she was a maidservant who was freed, or a convert, he is exempt. Rav Pappa said: an ox that gored a maidservant and her offspring came out pays the value of the offspring. What is the reason? It is a pregnant donkey that he damaged, for the verse says, "Stay here with the donkey" (Genesis 22:5), a people resembling a donkey. Should it not say the increase in value of the offspring rather than their value? Rav Yehudah said: how does he pay the value of the offspring and the increase of the offspring? We assess the woman, how much she was worth before she gave birth and how much she is worth after she gave birth. What does Rabban Shimon ben Gamliel mean? Rava said he means this: is she really more valuable before she gives birth than after, when surely a woman is more valuable after giving birth, since she is freed from the danger of childbirth? Rather, we assess the offspring and give it to the husband. So too it was taught. Rabbah said he means this: is the woman valued only for the one who will sire offspring, with nothing of her own in the increase of the offspring? Rather, we assess the offspring and give it to the husband, and the increase of the offspring they divide. So too it was taught: Rabban Shimon ben Gamliel says, and so on. There is a difficulty between one statement of Rabban Shimon ben Gamliel and another; it is no difficulty: here she is a first-time mother, there she is not. And the Rabbis say the increase of the offspring also goes to the husband, for it was taught: from the implication of "and her offspring come out" do I not know she was pregnant? Rather, it tells you the increase of the pregnancy belongs to the husband. And Rabban Shimon ben Gamliel needs that word "pregnant" for what was taught: he is never liable until he strikes her opposite the place of the pregnancy. Rav Pappa said: do not say literally opposite the place of the pregnancy, but wherever the swelling of the fetus rises, excluding a hand or a foot.