Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : From the fact that he stated that four or five animals may always be purchased, conclude from it that Rabbi Yehuda’s statement is referring to the latter clause, and his statement is a leniency. The Gemara affirms: Conclude from it that Rabbi Yehuda intended his statement as a leniency.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: And similarly, one may not purchase wood and produce from produce watchmen. The Gemara relates that Rava purchased grapevine branches from a sharecropper. Abaye said to him: But didn’t we learn in the mishna: And similarly, one may not purchase wood and produce from produce watchmen? The same halakha should apply with regard to a sharecropper, who, like a watchman, is not the owner of the produce. Rav said to him: This statement applies only with regard to a watchman, as he has no share at all in the land itself. But with regard to a sharecropper, who does have a share in it, say: He is selling merchandise from his own share of the land. Since it is plausible that the sharecropper is selling his own property, it is permitted to buy it from him.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara cites a baraita which discusses purchasing items from watchmen: The Sages taught (Tosefta 11:8): With regard to produce watchmen, one may purchase produce from them when they are sitting and selling the produce, and the baskets are before them and the scales [veturtanei] are before them, as in these circumstances it is reasonable to assume that they are not selling stolen merchandise. But in all cases where they said to the buyer: Conceal your purchase, it is prohibited to purchase from them, as there is good reason to suspect that the merchandise is stolen. The baraita adds: One may purchase from a watchman from the entrance of the garden, but not from the back of the garden, because if the produce is being sold inconspicuously, there is a concern that it might have been stolen.

Traduction française en préparation — version anglaise (Steinsaltz) : § Having discussed the halakha pertaining to suspected theft, the Gemara proceeds to examine the halakha pertaining to purchasing items from a known robber. It was stated: With regard to a robber, from when is it permitted to purchase items from him? Rav says: It is prohibited until the majority of his possessions are from his own property, i.e., property that he obtained legally. And Shmuel says: It is permitted to purchase items from a known robber even if only a minority of his possessions are from his own property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara notes that Rav Yehuda instructed Adda, his attendant, in accordance with the statement of the one who says: It is permitted to purchase items from a known robber even if only a minority of his possessions are from his own property, i.e., in accordance with the opinion of Shmuel.

Traduction française en préparation — version anglaise (Steinsaltz) : With regard to the property of an informer, i.e., one who informs gentiles of the whereabouts of another’s property, facilitating its theft or misuse, there is a dispute between Rav Huna and Rav Yehuda. One says: It is permitted to physically destroy it, and one says: It is prohibited to physically destroy it.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara elaborates: The rationale of the one who says that it is permitted to physically destroy it is that an informer’s property should not be subject to a more stringent halakha than his body. Since it is permitted to physically harm or even kill an informer, it would be unreasonable to prohibit the destruction of his property. And the rationale of the one who says that it is prohibited to physically destroy it is that perhaps he will have good children, and it is written: The wicked may prepare it, but the just shall put it on (see Job 27:17).

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara relates that Rav Ḥisda had a certain sharecropper who would weigh the field’s produce and give Rav Ḥisda his portion, and weigh the produce and take his own portion. Rav Ḥisda dismissed him, and read the following verse about him: “A good man leaves an inheritance to his children’s children; and the wealth of the sinner is laid up for the righteous” (Proverbs 13:22).

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara examines various verses pertaining to robbers. “For what is the hope of the godless, though he profits, when God takes away his soul?” (Job 27:8). This verse is the subject of a dispute between Rav Huna and Rav Ḥisda. One says that the phrase “God takes away his soul” is referring to the soul of the robbed, and one says that it is referring to the soul of the robber.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara elaborates: The rationale of the one who says that the verse is referring to the soul of the robbed is as it is written: “So are the ways of every one that is greedy for profit; it takes away the life of the owner thereof” (Proverbs 1:19), which teaches that one who robs another of his property is considered as one who robbed him of his soul. And the rationale of the one who says that it is referring to the soul of the robber is as it is written: “Rob not the weak, because he is weak, neither crush the poor in the gate; for the Lord will plead their cause, and despoil of life those that despoil them” (Proverbs 22:22–23).

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara questions each opinion: And according to the other opinion, i.e., the latter one, isn’t it also written: “It takes away the life of the owner thereof,” which indicates that the soul of the robbed is taken? The Gemara answers: What is the meaning of the phrase “the owner thereof”? It is referring to its current owner, i.e., the robber, who has acquired the stolen item.

Traduction française en préparation — version anglaise (Steinsaltz) : And according to the other opinion, who said that the life of the robbed is taken, isn’t it also written: “And despoil of life those that despoil them,” which indicates that the soul of the robber is taken? The Gemara answers that the verse is saying: What is the reason. The verse teaches: What is the reason that God will despoil the life of those who despoil them? It is because they despoiled the soul of their victims.