Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : Granted, if you say that when one takes a false oath and then witnesses come, he is liable to pay, that is why we hold him liable for a guilt-offering for the final oath, since he can still retract and admit his liability and incur an obligation to pay. Consequently, the fact that he took another false oath constitutes an additional false denial of his monetary liability.

Traduction française en préparation — version anglaise (Steinsaltz) : But if you say, as Rav did, that even when witnesses come he is exempt from paying, then the mishna’s ruling is difficult, as is there any similar case where if witnesses come and testify with regard to it, he would be exempt, and yet we would stand and obligate him to bring a guilt-offering for a later oath, for no reason other than since he can still retract and admit his liability? As of now, in any event, he has not admitted to any liability and has no extant debt, and any further oaths that he takes are not denials of monetary liability. It follows, then, that Rava’s explanation of Rav’s opinion cannot be undermined by Rav Hamnuna’s challenge.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara cites another ruling concerning the topic of a bailee who claims that a deposit in his possession was stolen. Rabbi Ḥiyya bar Abba says that Rabbi Yoḥanan says: One who falsely states the claim, with regard to a deposit, that a thief stole it, and it becomes clear that he stole it himself, pays double payment. If he slaughtered or sold it, he must pay fourfold or fivefold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : He explains his ruling by means of a comparison: Since a thief pays double payment, and one who falsely states the claim that a thief stole the deposit also pays double payment, it follows that just as a thief, who ordinarily pays double payment, and if he slaughtered or sold an animal he stole pays fourfold or fivefold payment, so too, one who falsely states the claim that a thief stole a deposit, who ordinarily pays double payment, if he slaughtered or sold the animal he received as a deposit pays fourfold or fivefold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is notable about the halakha of a thief? It is notable in that he pays double payment even without having taken a false oath; will you say that this stringency should apply with regard to one who falsely states the claim that a thief stole the deposit, who pays double payment only upon taking a false oath? Therefore, one cannot derive from the obligation of a thief to pay fourfold or fivefold payment to the case of one who falsely states the claim that the deposit was stolen.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages say in response: Rabbi Yoḥanan did not base his ruling on a logical inference; rather, it is a derivation based upon a juxtaposition, as the verses discussing a thief and one who falsely states the claim that a deposit was stolen are juxtaposed, and one cannot refute through analysis a derivation based upon juxtaposition.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: This works out well according to the one who says that one verse is stated with regard to a thief and one verse is stated with regard to one who falsely states the claim that a thief stole the deposit. According to him, there is a juxtaposition, and one can well derive one from the other. But according to the one who says that both this verse: “If the thief shall be found, he shall pay double” (Exodus 22:6), and: “If the thief shall not be found” (Exodus 22:7), are referring to one who falsely states the claim that a thief stole the deposit, and neither verse is referring to a thief, what is there to say?

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages say in response: Rabbi Yoḥanan’s ruling is derived from an amplification indicated by the verse not employing the term “thief [gannav],” and instead employing the expanded term “the thief [hagannav].” This teaches that the halakha of the fourfold and fivefold payment applies to one who falsely states the claim that the deposit was stolen, as well.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Ḥiyya bar Abba raised an objection to the statement of Rabbi Yoḥanan from a baraita: In a scenario where one said to an unpaid bailee: Where is my ox? Then the bailee responded: It was stolen. And the owner said: I administer an oath to you, and the bailee said: Amen. And the witnesses testify about the bailee that he ate it, he pays double payment. But here, the halakha is that it is impossible to eat even an olive-bulk of meat without slaughtering the animal first, indicating that it must have been slaughtered, and nevertheless it teaches that he pays double payment. It can be inferred that double payment, yes, he pays; but fourfold or fivefold payment, no, he does not pay.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yoḥanan answers: With what are we dealing here? We are dealing with a case where he ate it as an unslaughtered animal carcass. Since it was not killed according to the halakhot of ritual slaughter, the thief does not pay the fourfold or fivefold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And let Rabbi Yoḥanan answer Rabbi Ḥiyya bar Abba by saying that it is a case such as where he ate it as an animal with a wound that will cause it to die within twelve months [tereifa], in accordance with Rabbi Shimon’s opinion that the legal status of an act of slaughter that is not fit for accomplishing its full ritual purpose is not considered an act of slaughter for which the thief must pay the fourfold or fivefold payment. The Gemara responds that Rabbi Yoḥanan holds in accordance with the opinion of Rabbi Meir, who says that the legal status of an act of slaughter that is not fit for accomplishing its full ritual purpose is considered an act of slaughter, and the thief would pay the fourfold or fivefold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara further asks: And let Rabbi Yoḥanan answer Rabbi Ḥiyya bar Abba by saying that the ruling of the baraita is stated with regard to an animal removed from its mother’s womb after the mother was ritually slaughtered [ben pekua], which is permitted for consumption without slaughter, so that there is a possibility that the thief ate it without first slaughtering it. The Gemara responds that Rabbi Yoḥanan holds in accordance with the opinion of Rabbi Meir, who says that a ben pekua requires slaughter.