Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : And we maintain, as the Gemara concludes below, that Rabbi Yehuda HaNasi means that the halakha that applies to a thief is like the halakha that applies to a robber according to the opinion of Rabbi Shimon, who holds that the owner despairs of recovering his item once it is stolen by a robber.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara examines the matter itself. Rabbi Yehuda HaNasi says: I say that the halakha that applies to a thief is like the halakha that applies to a robber. A dilemma was raised before the Sages: Was Rabbi Yehuda HaNasi saying that the halakha that applies to a thief is like the halakha that applies to a robber according to the opinion of the Rabbis, who hold that the owners do not despair of recovering their item, and a thief therefore does not acquire the items he steals? Or perhaps he was saying that the halakha that applies to a thief is like the halakha that applies to a robber according to the opinion of Rabbi Shimon, who holds that the owners despair of recovering their property, and a thief therefore acquires the stolen items.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara attempts to resolve the dilemma. Come and hear a proof from the mishna: If customs collectors took one’s donkey and gave him a different donkey that was taken from another Jew in its stead, or if bandits took his garment and gave him a different garment that was taken from a Jew in its stead, these items are now his because the owners despaired of retrieving them when they were stolen. It is therefore apparent that despair is assumed both in the case of a robber, i.e., the customs collector, and in the case of a thief, i.e., the bandits.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara clarifies: Whose opinion is expressed in this mishna? If it is in accordance with the opinion of the Rabbis, who assume that the owners despair only in the case of a thief, it is difficult because the mishna assumes that the victim of a robber also despairs of retrieving his property. And if it is in accordance with the opinion of Rabbi Shimon, who assumes that the owners despair only in the case of a robber, it is difficult because the mishna assumes that the victim of a thief also despairs of retrieving his property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara presents the proof: Granted, if you say that Rabbi Yehuda HaNasi was saying that the halakha that applies to a thief is like the halakha that applies to a robber according to the opinion of Rabbi Shimon, who holds that the owners despair of recovering their property, and a thief therefore acquires the stolen items, in accordance with whose opinion is this mishna? It is in accordance with the opinion of Rabbi Yehuda HaNasi, and it is due to that reason that a thief acquires the stolen goods.

Traduction française en préparation — version anglaise (Steinsaltz) : But if you say that Rabbi Yehuda HaNasi was saying that the halakha that applies to a thief is like the halakha that applies to a robber according to the opinion of the Rabbis, and a thief therefore does not acquire the stolen goods, in accordance with whose opinion is this mishna? Since the mishna rules that the owners have presumably despaired with regard to both a thief and a robber, it is not in accordance with the opinion of Rabbi Yehuda HaNasi, and it is not in accordance with the opinion of Rabbi Shimon, and it is not in accordance with the opinion of the Rabbis.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara responds: With what are we dealing here? We are dealing with an armed bandit, who is considered a robber because he steals using force and aggression, and the mishna is in accordance with the opinion of Rabbi Shimon, who holds that despair is assumed in the case of a robber. The Gemara asks: If so, this is identical to the case of a robber, i.e., the mishna’s first case of the customs collector, and there is no reason for the mishna to teach the same halakha twice. The Gemara answers: The mishna wishes to teach the halakha with regard to two different types of robbers.

Traduction française en préparation — version anglaise (Steinsaltz) : Come and hear a different proof based upon the aforementioned baraita: With regard to a thief, a robber, and one who forces another to sell him something, their consecrated items are considered consecrated, and their teruma, the portion of the produce designated for the priest, is considered teruma, and their tithes are considered tithes.

Traduction française en préparation — version anglaise (Steinsaltz) : Whose opinion is expressed in this baraita? If it is in accordance with the Rabbis, it is difficult because the baraita assumes that the victim of a robber also despairs of retrieving his property, and therefore the robber’s act of consecration or separation of teruma or tithes is valid. Conversely, if it is in accordance with Rabbi Shimon, it is difficult because the baraita assumes that the victim of a thief despairs of retrieving his property.

Traduction française en préparation — version anglaise (Steinsaltz) : Granted, if you say that Rabbi Yehuda HaNasi was saying that the halakha that applies to a thief is like the halakha that applies to a robber according to the opinion of Rabbi Shimon, who holds that the owner despairs of recovering his property, it is due to that reason that a thief therefore acquires the stolen items. But if you say that the halakha that applies to a thief is like the halakha that applies to a robber according to the opinion of the Rabbis, in accordance with whose opinion is this baraita written?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara responds: When the baraita refers to a thief, it is actually referring to an armed bandit, who is legally considered a robber, and it is in accordance with the opinion of Rabbi Shimon, who holds that victims of a robber despair of recovering their property. The Gemara asks: If so, this is identical to the case of a robber that is mentioned in the baraita. The Gemara answers: The baraita wishes to teach the halakha with regard to two different types of robbers.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi said to Rabba: Come and hear a proof from Rabbi Yehuda HaNasi’s own interpretation of the mishna (111b) that states that children who inherit an item that was stolen by their father are obligated to return it to the owner if it is something that serves as a legal guarantee of a loan, e.g., land. Rabbi Yehuda HaNasi would teach Rabbi Shimon, his son, that the mishna is not referring only to something that may actually serve as a legal guarantee, i.e., land. Rather, it is referring even to a cow that he plows with, or a donkey that he drives by directing it from behind, which the heirs are obligated to return because of the honor of their father.