(Mishnah): One who has Bi'ah with his or his wife's daughter or granddaughter does not pay a fine, since he is Chayav Misah. He is killed in Beis Din;

Anyone liable to die does not pay - ""v'Lo Yihyeh Ason Anosh Ye'anesh." (This implies that if there is a fatality, he is not punished monetarily.)

(Gemara) Question: If someone else had Bi'ah with [his daughter], would her father not receive it?! (When he had Bi'ah with her, whom does he pay?!)

Answer: The case is, he had Bi'ah with her before he died, and he died. (If not that he was Chayav Misah for the Bi'ah, she would be able to claim from his heirs.)

Remark: [We need to say so] according to R. Yosi ha'Gelili. However, according to R. Akiva [we can say that his daughter was divorced from Eirusin, for he holds that] she has a fine, and it is hers.

(R. Yirmeyah citing R. Lazar): Since it says "v'Lo Yihyeh Ason [Anosh Ye'anesh]", do I not know that "Im Yihyeh Ason v'Nasata Nefesh Tachas Nafesh"? Why does it say "Im Yihyeh Ason"?

Answer: This includes if he was Mezid without warning. (Even though he is not killed, he does not pay.)

Question (R. Yosi): Does the Mishnah above (3:2) not teach this? Anyone who is Chayav Misah does not pay money. (It does not say anyone killed through Beis Din!)

Answer: [R. Elazar] comes to teach only that even b'Shogeg [he is exempt from paying].

Support (Chizkiyah - Beraisa): "Makeh Behemah Yeshalmenah u'Makeh Adam Yumas" - just like one who smites an animal, you do not distinguish between Shogeg and Mezid to obligate money (in every case, he pays), so one who smites a person, you do not distinguish between Shogeg and Mezid to exempt money (in every case, he is exempt).