Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : There are two scenarios in which the baraita could be interpreted as referring to an innocuous ox. If one wants to interpret it in accordance with the opinion of Rabbi Yehuda, it can be discussing a case where he provided reduced safeguarding for it and did not provide superior safeguarding for it. If one wants to interpret it in accordance with the opinion of Rabbi Eliezer ben Ya’akov, it can be discussing a case where he did not provide safeguarding for it at all.

Traduction française en préparation — version anglaise (Steinsaltz) : As it is taught in a baraita: Rabbi Eliezer ben Ya’akov says: With regard to both an innocuous ox and a forewarned ox whose owner provided reduced safeguarding for them, he is exempt. The owner is liable only if he did not safeguard them at all. And accordingly, Rabbi Ya’akov teaches us this, that the court appoints stewards for the owners of an innocuous ox to enable the injured party to collect damages from the proceeds of the sale of its body.

Traduction française en préparation — version anglaise (Steinsaltz) : Ravina said to him that this is what Rava was saying by interpreting Rabbi Ya’akov’s statement with regard to a forewarned ox: Rabbi Ya’akov stated one matter containing two elements of reasoning [ta’ama] in accordance with Rabbi Yehuda’s opinion, namely, that a forewarned ox retains its element of innocuousness, and that reduced safeguarding is sufficient for a forewarned ox.

Traduction française en préparation — version anglaise (Steinsaltz) : Ravina himself said a different explanation of the baraita: The practical difference between Rabbi Yehuda and Rabbi Ya’akov is with regard to whether a change of custody changes the status of the ox. For example, in a case where the ox was forewarned while in the custody of the steward and subsequently the deaf-mute regained his hearing, or the imbecile became halakhically competent, or the minor reached majority, and the ox returned to its owner’s custody. Rabbi Yehuda holds that it is still in its previous status, the change of custody notwithstanding, and that therefore the owner is liable for the full cost of the damage. By contrast, Rabbi Ya’akov holds that the change of custody changes the status of the ox, which reverts to innocuousness, and so the owner pays only half the cost of the damage.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Sages taught in a baraita: Stewards are liable to pay from their superior-quality property for damage caused by forewarned oxen under their custody, but they do not pay a ransom if the oxen killed a person.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: Who is the tanna who taught that the purpose of ransom is atonement for the owner of the ox, and that therefore a minor orphan’s steward is exempt from liability to pay it, as orphans are not subject to the obligation of atonement since they are not morally responsible?

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ḥisda said: It is Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka. As it is taught in a baraita: The verse: “If a ransom is imposed upon him, then he shall give for the redemption of his life” (Exodus 21:30), is referring to the monetary value of the injured party. Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, says: The ransom corresponds to the monetary value of the one liable for the damage.

Traduction française en préparation — version anglaise (Steinsaltz) : What, do they not disagree with regard to this very issue? In other words, the Rabbis hold that ransom is monetary restitution for the damage caused, and therefore the heirs of the victim must be paid the monetary value of the victim. And Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, holds that ransom is atonement for causing the death of a person. Accordingly, the amount of the ransom is the monetary value of the one liable, since, from the perspective of his moral responsibility for the incident, he deserves to pay with his life. Although the court does not impose capital punishment, his atonement is through payment of his own value.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Pappa said: No, it is possible that according to everyone ransom is atonement, and here they disagree with regard to this issue: The Rabbis hold that we evaluate the amount that is appropriate for atonement according to the monetary value of the injured party, and Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, holds that we evaluate it according to the value of the one liable for the damage. All agree that the purpose of the ransom is atonement.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara elaborates: What is the reasoning of the Rabbis? Imposing is stated in the later verse: “If ransom is imposed upon him” (Exodus 21:30), and imposing is stated in the earlier verse, concerning a person who injures a pregnant woman, causing her to miscarry: “He shall be punished as the husband of the woman shall impose upon him” (Exodus 21:22). This verbal analogy indicates comparison of the two halakhot: Just as there, with regard to compensation for causing miscarriage, the evaluation is according to the monetary value of the injured party, i.e., the fetus, so too here, the ransom is according to the value of the injured party.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, holds that the fact that it is written: “And he shall give for the redemption of his life,” indicates that the ransom is redemption of the life of the ox’s owner, and its amount should accordingly be the owner’s monetary value.

Traduction française en préparation — version anglaise (Steinsaltz) : And the Rabbis would respond to this reasoning that indeed, the phrase: “For the redemption of his life,” is written, indicating that the purpose of the ransom is redemption of his life. Nevertheless, when we evaluate the amount he is liable to pay, we evaluate it according to the value of the injured party.