Translation:Shulchan Aruch/Choshen Mishpat/399

Paragraph 1- If a pregnant cow damaged, the victim can collect half the damage from the cow and its child because it is part of the animal. Even if the cow is not around, he can collect the entire half-damage from the child because it is part of the animal. If a chicken damaged, however, the victim cannot collect from its egg because the egg is not from its body, but is separated and on its own. If the egg was still tied to the body, however, there are those who say the victim could collect from it.

Paragraph 2- If a pregnant cow gored and its child was discovered next to it, and it is unclear whether if it gave birth before goring, in which case the victim cannot collect from the child, or if it gave birth after goring, in which case he can collect from the child, and the child is not in front of us, the party taking money has the burden of proof and he cannot take from the child.

Paragraph 3- Similarly, if an ox gored a cow and a dead fetus was discovered next to it and it is unknown whether the animal miscarried from the goring or before the goring, the party taking money has the burden of proof. Even if the victim makes a certain claim and the tortfeasor makes an uncertain claim, and even if the tortfeasor was not the current possessor, such as where the animal was in the swamp, he would be exempt from even taking an oath. If the victim seized, however, he would be believed if he has a migu that the seizure never occurred.

Paragraph 4- If the ox gored a pregnant cow and the cow miscarried, we would not appraise the decrease in value of the cow by itself and the decrease in value of the child by itself. Rather, we would appraise how much the cow was worth when it was pregnant and healthy, and how much the cow and fetus are worth now, and the tortfeasor would pay the difference or, if the animal was unwarned, half the difference.

Paragraph 5- If the cow belonged to one person and the child belonged to another, the decrease in the fat of the cow’s animal would go to the owner of the cow and the decrease in the cow’s bulk, which is the larger appearance it has before, would be split between the owner of the cow and the owner of the child, and the fetus would belong to the owner of the child.