Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : And the Rabbis say: It is written concerning a bailee who falsely claims innocence with regard to a deposit entrusted to him: “He shall restore it according to its principal, and shall add its fifth part to it” (Leviticus 5:24). This verse teaches that with regard to monetary restitution that is paid precisely according to the principal, one adds one-fifth, but for monetary restitution that is not paid precisely according to the principal, as is the case here, where the bailee pays double the principal value, one does not add one-fifth. Rabbi Shimon ben Yoḥai says: Neither the additional one-fifth nor the guilt-offering is paid in a case where there is double payment. This concludes the baraita.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Ḥanina explains: In any event, the baraita teaches: His payment of the additional one-fifth is covered by his double payment; this is the statement of Rabbi Ya’akov. What are the circumstances of this case? If we say that the stolen item was initially worth four dinars and ultimately, at the time of trial, was still worth four dinars, how could he say: His payment of the additional one-fifth is covered by his double payment?

Traduction française en préparation — version anglaise (Steinsaltz) : This statement is inaccurate in this case, as the double payment, i.e., the penalty included in the double payment, is four dinars, and the additional one-fifth is one dinar. When the Torah states “fifth” it means one-fifth of the total payment of the one-fifth and the principal together, i.e., one-quarter of the principal. For the additional one-fifth to be covered by the double payment, the two must be exactly equal, which is not the case here. Rather, is it not referring to a situation where initially it was worth four dinars and at the end it was worth one dinar, as the penalty component of the double payment is one dinar and the additional one-fifth is also one dinar?

Traduction française en préparation — version anglaise (Steinsaltz) : Apparently, the principal, as well as the additional one-fifth, is paid according to the value as of the time when he stole, whereas the double payment and the fourfold or fivefold payment is according to the value at the time of standing trial, as claimed by Rav.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara refutes this analysis. Rava said: Actually, the baraita could be referring to a case in which initially it was worth four dinars and now, at the time of trial, it is also worth four dinars. And as for what is difficult with this case, namely that the double payment is four dinars and the additional one-fifth is one dinar, this problem can be resolved as follows: With what are we dealing here? It is a case where the bailee took an oath that the deposit was stolen from him, and he again took the same oath, and so on four times, and after each oath he admitted afterward that he had lied. And the Torah said: “And shall add its fifth part [ḥamishitav] to it” (Leviticus 5:24).

Traduction française en préparation — version anglaise (Steinsaltz) : Rava continues: The term ḥamishitav is in the plural, which indicates that the Torah included the possibility of many payments of an additional one-fifth for a single principal. In other words, each time the bailee takes a false oath he becomes obligated to pay an additional one-fifth, despite the fact that each oath concerns the same item. Since he did so four times, and the one-fifth is actually one-quarter of the principal, the total amount of payments of the additional one-fifth is equal to the principal, which is the same as the penalty component of the double payment.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Master said in the baraita: And the Sages say: “He shall restore it according to its principal, and shall add its fifth part to it” (Leviticus 5:24). This verse teaches that for monetary restitution that is paid precisely according to the principal, one adds one-fifth. But for monetary restitution that is not paid precisely according to the principal, one does not add one-fifth. The Gemara infers: He does not add one-fifth, but he is obligated to bring a guilt-offering.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is different about the additional one-fifth in that case, that he does not have to pay it? As it is written: “He shall restore it according to its principal, and shall add its fifth part to it.” This indicates that the additional one-fifth is linked to the payment of the precise amount of the principal amount. If so, with regard to the guilt offering as well, he should not have to pay, i.e., bring it, as it is written: “He shall restore it according to its principal, and shall add its fifth part to it…and his guilt-offering [ve’et ashamo] he shall bring to the Lord” (Leviticus 5:24–25). The verse links the guilt-offering to the payment of the precise amount of the principal, just like it does the additional one-fifth.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: The Sages would say to you in response: The superfluous word “et” in the phrase “and his guilt offering [ve’et ashamo]” divides the verse. Therefore, only the additional one-fifth payment, but not the guilt-offering, is linked to the payment of the precise amount of the principal.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And Rabbi Shimon ben Yoḥai, who maintains that this bailee is exempt from a guilt-offering as well, how would he respond to the Sages’ argument concerning “et”? He would point out that the term in question is actually “ve’et,” consisting of the word et preceded by the letter vav, meaning “and.” The conjunction joins the clauses of the verse. Therefore, both the additional one-fifth payment and the guilt-offering are linked to the payment of the precise amount of the principal. And the Rabbis would respond to Rabbi Shimon ben Yoḥai’s claim and say to you: If the Torah had intended that the two issues should be joined together, let the Merciful One write neither the vav nor “et.”

Traduction française en préparation — version anglaise (Steinsaltz) : And Rabbi Shimon ben Yoḥai could have said to you in response to this argument: It is not possible for the verse to have not written “et,” as this term is necessary to separate between property belonging to the Most High, i.e., the guilt-offering, and non-sacred property, i.e., that of a Jew. Therefore, as the verse had to use “et” to indicate this difference, the vav comes and joins the clauses of the verse.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara discusses other cases in which an object undergoes a change after it has been stolen. Rabbi Ile’a says: If one stole a lamb and it subsequently became a ram, or if he stole a calf and it subsequently became a bull, the stolen item has undergone a change while in the thief’s possession, and he has therefore acquired it as his own property. Consequently, his obligation of restitution consists of monetary payment rather than giving back the stolen item itself. If he subsequently slaughtered or sold the animal, it is in effect his own animal that he slaughters, or it is his own animal that he sells, and he is not obligated in the fourfold or fivefold payment.