Quotation for Bava Kamma 173:9
העבד והאשה פגיעתן רעה החובל בהם חייב והם שחבלו באחרים פטורין אבל משלמין לאחר זמן נתגרשה האשה נשתחרר העבד חייבין לשלם
BELONGING TO ANOTHER PERSON IS [SIMILARLY] LIABLE FOR ALL [THE FIVE ITEMS]. R. JUDAH, HOWEVER, SAYS THAT NO DEGRADATION IS PAID IN THE CASE OF [CANAANITE] SLAVES. A DEAF-MUTE, AN IDIOT AND A MINOR ARE AWKWARD TO DEAL WITH, AS HE WHO INJURES THEM IS LIABLE [TO PAY], WHEREAS IF THEY INJURE OTHERS THEY ARE EXEMPT. [SO ALSO] A SLAVE AND A [MARRIED] WOMAN ARE AWKWARD TO DEAL WITH, AS HE WHO INJURES THEM IS LIABLE [TO PAY], WHEREAS IF THEY INJURE OTHERS THEY ARE EXEMPT,<span class="x" onmousemove="('comment',' Irrespective of the equality of all before the law, as supra p. 63, no payment could be made here as the possessions of slaves form a part of the estates of their masters as in Kid. 23b, and the property of a married woman is usually in the usufruct of the husband, cf, Keth, IV, 4, ');"><sup>14</sup></span> THOUGH THEY MAY HAVE TO PAY AT A LATER DATE; FOR IF THE WOMAN WAS DIVORCED<span class="x" onmousemove="('comment',' When her estate will return to her. ');"><sup>15</sup></span>
Tosafot on Bava Kamma
The source for this ruling in the Mishna is not as Rashi explained because we are taught in a Mishna in perek Hachovail (later 87a) that as far as a slave and a married woman are concerned, an encounter with them is terrible, for one must pay if he injures them and they do not have to pay if they injure anybody. For if it was so that our Gemara is referring to that Mishna, the Gemara should have mentioned ‘a slave and a married woman’, which would be a direct quotation of that Mishna. Since the Gemara does not mention ‘a slave and a married woman’, it seems that the Gemara is not referring to that Mishna.
Rather, Rabbeinu Tam explains that the Gemara mentioned a slave and a slave woman, because it is referring to a Mishna at the end of Masechet Yadayim (Chapter 4, Mishna 7) that specifically discusses this case of a slave and a slave woman who damage others. And the reason that they are exempt which is because their master may anger them and they will damage another person’s property in order to cause their master to pay that is soon mentioned in our Gemara is explicitly mentioned there in Masechet Yadayim, which also proves that our Gemara is referring to that Mishna.