Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : that it is satisfactory for her to have any kind of marital arrangement, and even had she taken into consideration the possibility of entering a levirate bond with this yavam who is afflicted with boils she still would have accepted betrothal to her husband. This is in accordance with the statement of Reish Lakish, as Reish Lakish says that women have a saying: It is better to sit as two bodies [tan du], i.e., to be married, than to sit lonely like a widow.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: If the robber gave the money to the priestly watch of Joiarib and then gave the guilt-offering to the priestly watch of Jedaiah, the following priestly watch, to sacrifice on his behalf, he has fulfilled his obligation. By contrast, if he first gave the guilt-offering to the priestly watch of Joiarib and then gave the money to the priestly watch of Jedaiah, if the guilt-offering is extant, then members of the priestly watch of Jedaiah, who received the money, should sacrifice it. The Gemara quotes a baraita that records a dispute between tanna’im concerning this case. The Sages taught (Tosefta 10:18): If the robber gave the guilt-offering to the priestly watch of Joiarib and then gave the money to the priestly watch of Jedaiah, they should return the money to be with the guilt-offering, i.e., with the priestly watch of Joiarib; this is the statement of Rabbi Yehuda. And the Rabbis say the opposite: They should return the guilt-offering to be with the money, and the priestly watch of Jedaiah will sacrifice it.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What are the circumstances of this dispute? If we say that he gave the guilt-offering to the priestly watch of Joiarib during the priestly watch of Joiarib and the money to the priestly watch of Jedaiah during the priestly watch of Jedaiah, then this one acquired that which belongs to it and that one acquired that which belongs to it. Why would the court remove what was given lawfully to the priestly watch?

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said: With what are we dealing here? We are dealing with a case where he gave the guilt-offering to the priestly watch of Joiarib during the priestly watch of Joiarib and the money to the priestly watch of Jedaiah also during the priestly watch of Joiarib, and the dispute is as follows: Rabbi Yehuda holds that since this is not the priestly watch of Jedaiah, we penalize Jedaiah; therefore, the priestly watch of Jedaiah must return the money in their possession to be with the guilt-offering held by the Joiarib watch. And the Rabbis hold that the members of the priestly watch of Joiarib acted unlawfully when they accepted the guilt-offering before the robber paid the money, since payment for the robbery must be given before the guilt-offering can be offered. Therefore, we penalize them, and the guilt-offering in their possession returns to be with the money held by the Jedaiah watch.

Traduction française en préparation — version anglaise (Steinsaltz) : It is taught in a baraita on this topic (Tosefta 10:18): Rabbi Yehuda HaNasi says: According to the statement of Rabbi Yehuda, that if during the Joiarib watch the robber gave the guilt-offering to the Joiarib watch and the money to the Jedaiah watch, the money should return to the priestly watch of Joiarib, if the members of the priestly watch of Joiarib went first and sacrificed the guilt-offering before receiving the money from the priestly watch of Jedaiah, then the robber should go back and bring another guilt-offering, and the members of the priestly watch of Jedaiah, who are already in possession of the money, should offer it, and those members of the priestly watch of Joiarib acquired that offering that is in their possession.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages say: For what purpose is that offering useful? It is a disqualified guilt-offering, since it was sacrificed before the payment for the robbery was given, and had to be entirely burned on the altar. Rava said: The baraita is referring to acquiring its hide, which the members of the priestly watch of Joiarib keep.

Traduction française en préparation — version anglaise (Steinsaltz) : It is taught in a baraita that Rabbi Yehuda HaNasi says: According to the statement of Rabbi Yehuda, if the guilt-offering is still extant, i.e., if the priestly watch of Joiarib did not already sacrifice it, then the priestly watch of Joiarib should return the guilt-offering to be with the money, and the priestly watch of Jedaiah will sacrifice it.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara questions this: But Rabbi Yehuda holds that they should return the money to be with the guilt-offering. The Gemara explains: With what are we dealing here? With a case where it happened that the priestly watch of Joiarib exited at the close of their Temple service and they did not demand the money from the priestly watch of Jedaiah. And this statement of Rabbi Yehuda HaNasi teaches us this: That by doing so, the members of the priestly watch of Joiarib waived their rights to the money in favor of the priestly watch of Jedaiah. Consequently, they are required to give the guilt-offering to the priestly watch of Jedaiah to sacrifice.

Traduction française en préparation — version anglaise (Steinsaltz) : It is taught in another baraita that Rabbi Yehuda HaNasi says: According to the statement of Rabbi Yehuda, if the guilt-offering is still extant, i.e., if the priestly watch of Joiarib did not already sacrifice it, the money must return to be with the guilt-offering. The Gemara asks: Isn’t that obvious? This is what Rabbi Yehuda holds explicitly; what novelty did Rabbi Yehuda HaNasi teach?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains: With what are we dealing here? With a case where it happened that the priestly watch of these and of those, i.e., both Joiarib and Jedaiah, exited at the end of their Temple service, and they did not demand of the other the item in possession of the other watch. Lest you say that they waived their rights in favor of each other, so that the money stays in possession of the Jedaiah watch, Rabbi Yehuda HaNasi teaches us that we say: Since the Jedaiah watch did not demand the guilt-offering from the Joiarib watch after the latter exited, let them go back to the first, standard scenario, returning the money to Joiarib to be with the guilt-offering.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: For one who brings his stolen item to the priests before he brings his guilt-offering has fulfilled his obligation, but one who brings his guilt-offering before he brings his stolen item has not fulfilled his obligation. The Gemara asks: From where are these matters derived? Rava said: This is as the verse states: “But if the man has no kinsman to whom restitution may be made for the guilt, the restitution for guilt that is made shall be the Lord’s, even the priest’s; besides the ram of the atonement, whereby atonement shall be made for him” (Numbers 5:8). Learn by inference that the money must be returned first, before the guilt-offering is brought.

Traduction française en préparation — version anglaise (Steinsaltz) : Having understood that the inference is that the wording “besides the ram of the atonement” indicates that the ram must be brought after the money is given, one of the Sages said to Rava: If that is so, then in a different verse, which states concerning the additional offerings sacrificed on the first day of Passover: “You shall offer these besides the burnt-offering of the morning, which is for a continual burnt-offering” (Numbers 28:23), so too should one learn by inference that the additional offerings are brought first, before the morning burnt-offering?