Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : the value of one peruta for each priest on the priestly watch of Jedaiah, which had fewer priests, what is the halakha?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What are the circumstances with regard to which Rava raised his dilemma? If we say that the dilemma is raised in a case where he gave the money to the priestly watch of Jedaiah, during the time of the Temple service of the priestly watch of Jedaiah, there would be no dilemma. There is in this payment enough value for each priest to receive one peruta.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains: No, it is necessary to raise the dilemma in a case where he gave it to the Jedaiah priestly watch during the time of the Temple service of the priestly watch of Joiarib; in that case, what is the halakha? The Gemara explains the two possibilities: Do we say that since it is not during Jedaiah’s priestly watch, it is nothing, i.e., it is not a fulfillment of the mitzva to return the stolen item? Or perhaps we say that since it was not fit for the Joiarib priestly watch, as it was of insufficient value, from the outset it stands ready for the Jedaiah priestly watch, and by giving it to them he fulfilled the mitzva? The Gemara comments: The question shall stand unresolved.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava raises another dilemma: With regard to priests, what is the halakha concerning whether they may divide among themselves the restitution for robbery of a convert, with some priests taking a larger share in exchange for taking a smaller share in the restitution for another robbery of a convert? In other words, can the priests arrange that one priest or several priests will receive the restitution for one robbery and another priest or several priests will receive the restitution for a different robbery another time?

Traduction française en préparation — version anglaise (Steinsaltz) : He explains the two possibilities: Do we say that the Merciful One labeled the stolen item with the term “guilt,” and therefore, just as with a guilt-offering the priests may not divide portions of a guilt-offering, with some priests taking a larger share in exchange for taking a smaller share in other portions of a guilt-offering, but rather all priests of the watch share in the sacrificial flesh, so too with the restitution for robbery: The priests may not divide the restitution for robbery of a convert, with some priests taking a larger share in exchange for taking a smaller share in the restitution for another robbery of a convert? Or perhaps the restitution for robbery of a convert paid to priests is not in fact an offering, but it is monetary restitution, and monetary restitution may be divided in this manner among the priests?

Traduction française en préparation — version anglaise (Steinsaltz) : Rava then resolves it himself: The Merciful One labeled the stolen item with the term “guilt,” so it may not be divided in this manner. Rav Aḥa, son of Rava, teaches it explicitly as a ruling, and not as a dilemma and solution, that Rava says: Priests may not divide the restitution for robbery of a convert with some priests taking a larger share in exchange for taking a smaller share in the restitution for another robbery of a convert. What is the reason? The Merciful One labeled the stolen item with the term “guilt.”

Traduction française en préparation — version anglaise (Steinsaltz) : § Rava raises a dilemma: What is the status of priests with regard to the restitution for robbery of a convert? Are they considered heirs of the convert or are they recipients of gifts?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is the practical difference? The Gemara answers: The difference would be in a case where one robbed a convert of leavened bread, and then Passover elapsed over it, rendering it an item from which one is prohibited to derive benefit and therefore valueless. If you say that the priests are heirs, this is what they inherit: Only that which the robber bequeaths to them, and the priests receive the valueless leavened bread as is. And if you say that they are recipients of gifts, it is a gift that the Merciful One is saying that the robber should give to them, and this robber is not giving them anything, for it is merely dust. Therefore, the robber should have to pay the priests what the value of the bread had been at the time of the robbery.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Zeira raises the dilemma like this: Even if you say that they are recipients of gifts, this question, i.e., whether a robber of leavened bread over which Passover then elapsed fulfills the mitzva to return the stolen item even in this devalued state, is not our dilemma, as this is certainly a fulfillment of the obligation. For this stolen item is the gift with regard to which the Merciful One states in the Torah that the robber should give it to the priests.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Zeira continues: Rather, when we have a dilemma whether the priests are considered as heirs or as recipients of gifts, the practical difference arises in a case where ten animals came into the priest’s possession for payment of robbery of a convert. The dilemma is: Are they obligated to separate tithe from them, or not?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains the two possibilities: Perhaps they are heirs, in which case they will be obligated, for the Master said in a mishna (Bekhorot 56b) that if heirs acquired animals in the jointly held property of the estate, i.e., the heirs jointly owned the animals as the inheritance had yet to be divided, they are obligated to separate tithes from animals born to those animals, and the same will apply to the priests. Or perhaps they are recipients of gifts, and we learned in a mishna (Bekhorot 55b): One who purchases an animal or one who has an animal given to him as a gift is exempt from the obligation to separate the animal tithe, and the same will apply to the priests. What is the halakha in this case?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: Come and hear a resolution to this dilemma from a baraita (Tosefta, Ḥalla 2:7–10): Twenty-four priestly gifts were given to Aaron and to his sons, and all of them were given with a derivation from a generalization, and a detail, and a generalization; and with a covenant of salt. The verses in the book of Numbers, chapter 18, detail the gifts of the priesthood. The first verse (18:8) is written in general terms, followed by verses listing the actual gifts (9–18), followed by a final verse written in general terms. The method of interpreting verses written in this manner is one of the thirteen hermeneutical principles. Additionally, the phrase: “Covenant of salt,” is written in the final verse (18:19), and is referring to all of the gifts of the priesthood.