Rabbi Akiva on Whether a Woman's Damages Pass to Her Heirs

Rabbi Akiva said: what does this come to teach us? If to make one liable for a woman as for a man, it has already been said, "And if an ox gores a man or a woman" (Exodus 21:28). Rather, it comes to compare a woman to a man: just as a man's damages go to his heirs, so a woman's damages go to her heirs. But did Rabbi Akiva hold that the husband does not inherit her? Was it not taught: "and he shall inherit it" (Numbers 27:11), from here that the husband inherits his wife these are the words of Rabbi Akiva? Reish Lakish said: Rabbi Akiva said this only regarding ransom, since it is paid only after death, so it is merely an expectancy, and a husband does not take an expectancy as he takes that which is already held. What is the reason? Because the verse says, "The ox shall be stoned and its owner also shall be put to death. If a ransom be laid upon him" (Exodus 21:29-30) [the ransom is contingent on death]. And regarding damages did Rabbi Akiva not say her damages go to her heirs? Was it not taught: if one struck a woman and her offspring came out, he gives the damage and the pain to the woman and the value of the offspring to the husband; and if there is no husband he gives it to his (the husband's) heirs, not to her heirs. If she was a freed maidservant or a convert, he keeps it. Rabbah said: this speaks of a divorced woman, and so said Rav Nachman: of a divorced woman. They said: a divorced woman too should share in the value of the offspring. Rav Pappa said: the Torah granted the value of the offspring to the husband even if he came to her in licentiousness. What is the reason? As it is written, "as the woman's husband shall lay upon him" (Exodus 21:22).