Bava Kamma 43a

בבא קמא מ״ג ע״א

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Topic

Damages for a pregnant woman (heirs, ex-husband, and דמי ולדות), then whether כופר and the thirty shekels depend on the ox being stoned

Overview

The amud opens with the end of a ברייתא: when a pregnant woman is struck and has no heirs, the attacker keeps the money. The ברייתא implies her own payments go to her heirs and not to her husband. רבה and רב נחמן explain that she was a גרושה. The גמרא asks why a גרושה would not share in the דמי ולדות, and רב פפא answers from the פסוק 'בעל האשה' that this payment always belongs to the child's father. The גמרא then asks why רבה and רב נחמן did not use their own money-versus-land rule from the case of a בכור. It answers that this rule follows the רבנן, while here they follow רבי. A new topic follows: ריש לקיש and רבה rule that if an ox kills unintentionally, there are no thirty shekels for a slave and no כופר for a free person, because these payments depend on the ox being stoned. אביי challenges רבה from a משנה about a man who admits his ox killed someone. The משנה is first explained as speaking of ordinary damages. אביי pushes back from the last part of that משנה, and רבה insists both parts are about damages, with his explanation continuing on the next amud.

Opening lines

The steps (12)

1. ChallengeEnd of the ברייתא: no heirs, so the attacker keeps the money
2. Resolutionרבה and רב נחמן: the case is a divorcée
3. ChallengeChallenge: then the divorcée should share in the payment for the offspring
4. Resolutionרב פפא: the Torah gives the offspring payment to the father, even without marriage
5. ChallengeWhy not use their own money-versus-land rule?
6. ResolutionTheir money-versus-land rule follows the רבנן, but here they follow רבי
7. StatementNo thirty shekels when an ox kills a slave by accident
8. StatementNo כופר when an ox kills a free person by accident
9. Challengeאביי challenges רבה from a man who admits his ox killed someone
10. ResolutionThe payment is ordinary damages, not כופר
11. Challengeאביי challenges the 'damages' answer from the last part of the משנה
12. Resolutionרבה refuses a forced split and says both parts are about damages