Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : is it possible to say that there is any entrenchment in sin? The sale does not take effect, as it occurred before the owner despaired, which means that the thief did not in fact deepen his sin by selling the animal. Rather, it must be that the sale occurred after the owner’s despair. And if it enters your mind that the owner’s despair causes the thief to acquire the animal, why does he pay the fourfold or fivefold payment? Since the animal belongs to him after the owner’s despair, in effect he slaughters his own animal or sells his own animal.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages say: It is possible to explain the term: Entrenched in sin, in accordance with what Rava said: The thief is liable because he repeated his sin, i.e., he sinned a second time by going through the motions of the sale, regardless of the fact the sale was not legally binding. Here too, one can say that the thief is liable because he repeated his sin.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara suggests: Come and hear a proof from a baraita: It is written: “If a man steal an ox or a sheep, and slaughter it or sell it” (Exodus 21:37). Just as slaughter is an act that cannot be undone, so too the selling referred to here is an act that cannot be undone.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara analyzes the baraita: Now, when is a sale irreversible? If we say this sale occurred before the owner’s despair of recovering his stolen animal, why can it not be undone? Since the thief’s sale of the animal before the owner’s despair is ineffective, the sale is easily undone. Rather, the baraita must be speaking about a case where the thief sold the animal after the owner’s despair. And if it enters your mind that a thief acquires a stolen item after the owner’s despair, why does he pay the fourfold or fivefold payment for slaughtering or selling the animal at this point? He slaughters his own animal or he sells his own animal. Apparently, a thief does not acquire the stolen item after the owner’s despair.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this proof: The explanation for this baraita is as Rav Naḥman said in reference to a different baraita. Rav Naḥman said that when that baraita speaks of a sale that cannot be undone, this excludes one who transferred ownership of the animal to another in a temporary manner, e.g., for thirty days. Here too, one can answer in the same way, that it excludes one who transferred ownership of the animal for thirty days. Accordingly, if one sold the animal permanently, even if the sale was performed before the owner despaired and is therefore not legally binding, he is nevertheless required to pay the fourfold or fivefold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises an objection from another baraita: If one stole an animal, and another person subsequently came and stole it from him, the first thief pays double payment to the owner, and the second thief pays only the principal to the first thief. This is because one who steals from a thief does not pay the double payment, as the mishna teaches.

Traduction française en préparation — version anglaise (Steinsaltz) : If one stole an animal and sold it, and another individual came and stole it from the purchaser, the first thief pays the fourfold or fivefold payment to the owner, and the second thief pays the double payment to the purchaser, who has become the new owner of the animal. If one stole an animal and slaughtered it, and another person came and stole the slaughtered animal, the first thief pays the fourfold or fivefold payment to the owner, and the second thief does not pay the double payment but only the principal, in accordance with the halakha that one who steals from a thief does not pay the double payment.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara analyzes this baraita: In any event, the baraita teaches in the middle clause: If one stole an animal and sold it, and another came and stole it from the purchaser, the first thief pays the fourfold or fivefold payment to the owner, and the second thief pays the double payment to the purchaser.

Traduction française en préparation — version anglaise (Steinsaltz) : When did this sale occur? If we say it happened before the owner’s despair, why does the second thief pay the double payment to the purchaser? Is there anyone who says that a change in possession of a stolen item, i.e., when it leaves the possession of the thief and enters the possession of another, without the additional factor of the owner’s despair, causes the one who has it to acquire the item? There is no such opinion. Therefore, the so-called purchaser of the animal does not become its owner, as the sale is invalid. This should be considered as a case of one who steals from a thief, and consequently there should be no double payment.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, it is obvious that the sale occurred after the owner’s despair. And if it enters your mind that a thief acquires a stolen item after the owner’s despair, why should the first thief pay the fourfold or fivefold payment? After all, it is his own animal that he sold, having acquired it immediately upon the owner’s despair.

Traduction française en préparation — version anglaise (Steinsaltz) : And furthermore, consider that which the baraita teaches in the first clause: If one stole an animal, and another subsequently came and stole it from him, the first thief pays the double payment to the owner, and the second thief pays only the principal to the first thief.

Traduction française en préparation — version anglaise (Steinsaltz) : Now, in this baraita we are dealing with a situation after the owner’s despair, as the Gemara just established. And if it enters your mind that the owner’s despair causes the thief to acquire the item, why does the second thief pay only the principal? After the owner has despaired of recovering his item, the thief becomes the owner of the item, and the second thief should have to pay him double payment for stealing his property. Rather, must one not conclude from the baraita that the owner’s despair does not cause the thief to acquire the item? And this presents a difficulty to the opinion of Rav.