Thursday, February 12, 2009

Bava Kamma 46 - Money In Doubt (Torts)

If an ox gored a pregnant cow and killed it, and the cow's fetus was found at its side, but it is not known whether the cow gave birth before the ox gored it and the fetus' death is unrelated to goring, or it gave birth after the ox gored it and the goring caused it to miscarry - the ox's owner pays half damages for the cow and one-quarter damages for the offspring.

Sumchos: money whose ownership is in doubt is divided by litigants.


Art: New Born Calf Lying On Straw by Vincent Van Gogh

2 comments:

Matt Chanoff said...

Other sumchos: The value of an unborn fetus is less than the value of a live being. Take that, born again Christians.

Mark Kerzner said...

For damages, yes.