Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : and taken care of it, and he bears responsibility for failing to do so. The dilemma shall stand unresolved.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: How does the court appraise the value of the damage when the owner pays for what it damaged? The court appraises a large piece of land with an area required for sowing one se’a of seed [beit se’a] in that field, including the garden bed in which the damage took place, it appraises how much it was worth before the animal damaged it and how much is it worth now, and the owner must pay the difference. The Gemara asks: From where are these matters derived?

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Mattana says: As the verse states: “And it feed in another field [uvi’er bisde aḥer]” (Exodus 22:4). This teaches that the court appraises the damage relative to another field, i.e., relative to the damaged field as a whole and not an appraisal of only the specific garden bed that was damaged.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But this phrase: “Uvi’er bisde aḥer,” can be understood as meaning: “And it feed in another’s field,” and accordingly, is necessary to teach that the owner is not liable unless it was a field with an owner, to exclude damage caused by an animal in the public domain, for which the owner is not liable.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: If so, if this was the sole intention of the verse, let the Merciful One write in the Torah: And it feed in a field belonging to another [uvi’er bisde ḥaveiro], or alternatively, let it write: And it consume another field [sedeh aḥer].” What is conveyed by the particular expression: “In another field [bisde aḥer]”? It is to teach that the court appraises the damage relative to another field.

Traduction française en préparation — version anglaise (Steinsaltz) : But why not say that this verse comes entirely for this purpose, i.e., to teach that the court appraises the damage relative to another field? And in that case, from where do we derive the exclusion of liability for damage by Eating in the public domain?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: If it is so that the verse was referring solely to the method of appraising the damage, the Merciful One should have written this in the Torah in the context of payment, as follows: His best-quality field and the best quality of his vineyard he shall pay in another field (see Exodus 22:4), thereby adding the term: In another field, and, by extension, the directive concerning how the damage is appraised, to the verse discussing payment. Why do I need the Merciful One to write it in the context of the act of damaging, in the verse: “And it feed in another field”? Conclude two conclusions from it: The verse is referring to both the place where the damage occurred and the method by which the damage is appraised.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara asks: How do we, the court, appraise the value of the damage? Rabbi Yosei bar Ḥanina says: The court appraises the value of an area required for sowing one se’a of seed [beit se’a] relative to an area required for sowing sixty se’a of seed, and according to this calculation determines the value of the damage. Rabbi Yannai says: The court appraises each tarkav, equivalent to half a beit se’a, relative to an area of sixty tarkav. Ḥizkiyya says: The court appraises the value of each stalk eaten relative to sixty stalks.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises an objection from a baraita: If an animal ate one kav or two kav, the court does not say that the owner pays compensation according to their value, i.e., the value of the actual damage; rather, they view it as if it were a small garden bed and evaluate it accordingly. What, is it not that this means that the court evaluates that garden bed according to what it would cost if sold by itself, which contradicts all the previous explanations?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this interpretation: No, it means that the court appraises the value in relation to an area sixty times greater.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages taught: When appraising the damage, the court does not appraise it based on an area of a beit kav, because doing so enhances his position, and they also do not appraise it relative to an area of a beit kor, equivalent to the area in which one can plant thirty se’a of seed, because this weakens his position.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is this baraita saying? Rav Pappa said: This is what the baraita is saying: The court does not appraise the value of one kav relative to an area of sixty kav, which, being too large for an individual but too small for a trader, is always sold in the market at a lower price, because that would enhance the position of the one liable for damage. Conversely, the court does not appraise the value of a kor relative to an area of sixty kor, an area so large that it is purchased only by a person with a specific need and therefore for a high price, because that would weaken the position of the one liable for damage.