Study Bava Kamma folio 43A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
and subsequently married a Canaanite slave who had also been emancipated, and became pregnant from him, or if she was a convert who became pregnant from a male convert, and both the husband and wife died without heirs, the assailant gains by not having to pay, since there are no heirs. In any event,
Rabba said: This baraita relates to a divorcée; since they got divorced, the husband does not inherit from her. Likewise, Rav Naḥman said: The baraita relates to a divorcée.
The rabbis said in response: If she is a divorcée, she should also share in the compensation for the miscarried offspring. Why should her ex-husband receive the full payment?
Rav Pappa said: The Torah awarded the payment of compensation for miscarried offspring to the husband, even if he is not actually her legal husband but rather engaged in licentious sex with her. Although he has no rights to her property, the damages for the miscarried offspring belong to him alone,
The Talmud asks: Why do Rabba and Rav Naḥman explain this baraita as referring to a divorcée? They could have answered, in accordance with their own opinions elsewhere (Bava Batra 124b), that it is referring to payments that are not considered to have been in the woman’s possession during her lifeti