Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : and even so, since the thief transfers ownership to the purchaser in this manner, it is considered a valid sale, and he is required to pay the fourfold or fivefold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: If one stole an animal and slaughtered it on Yom Kippur he pays the fourfold or fivefold payment. The Sages say, questioning this ruling: Why is he liable to pay it? Although there is no penalty of execution for slaughtering on Yom Kippur, nevertheless there is the penalty of lashes; and we maintain that one is not sentenced to be flogged and obligated to pay for the same act.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages say in response: In accordance with whose opinion is this mishna taught? It is taught in accordance with the opinion of Rabbi Meir, who says: One is sentenced to be flogged and obligated to pay for the same action.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: If the mishna is in accordance with the opinion of Rabbi Meir, then even if he slaughtered the animal on Shabbat, which is a capital offense, he should be obligated to pay the fourfold or fivefold payment, whereas the mishna (74b) states that in this case he is exempt. And if you would say that Rabbi Meir holds that one is sentenced to be flogged and obligated to pay for the same act, but he does not hold that one is sentenced to the death penalty and obligated to pay for the same act, this is incorrect.

Traduction française en préparation — version anglaise (Steinsaltz) : And is it correct to say that Rabbi Meir does not maintain that one can be sentenced to the death penalty and to pay for the same act? But isn’t it taught in a baraita: If one stole an animal and slaughtered it on Shabbat, or if he stole an animal and slaughtered it for idol worship, or if he stole an ox that is sentenced to be stoned, from which it is prohibited to derive any benefit, and he slaughtered it, he pays the fourfold or fivefold payment; this is the statement of Rabbi Meir. And the Rabbis exempt him from this payment. Apparently Rabbi Meir maintains that one can be held liable for monetary payment and for capital punishment for the same act, e.g., slaughtering on Shabbat or slaughtering for idol worship.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages say in response: Stand apart from this baraita, i.e., this baraita should not be understood in a straightforward manner, as it was stated concerning it: Rabbi Ya’akov says that Rabbi Yoḥanan says, and some say it was Rabbi Yirmeya who says that Rabbi Shimon ben Lakish says, and Rabbi Avin and Rabbi Ela and the entire group of disciples of Rabbi Yoḥanan also say in the name of Rabbi Yoḥanan: The baraita is speaking of a thief who slaughters the stolen animal through the agency of another person, i.e., he instructed another to slaughter it, and that agent did so on Shabbat or for idolatrous purposes. The thief pays the fourfold or fivefold payment because he himself did not commit a capital offense.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: How can it be that a thief is liable to pay the fourfold or fivefold payment if another person slaughters the stolen animal for him? But is it so that this one sins and that one becomes liable?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara provides several reasons why in the case of fourfold or fivefold payment it is possible for the thief to be liable for another’s actions. Rava said: It is different here, as the verse states: “And slaughter it or sell it” (Exodus 21:37), thereby juxtaposing the two acts of slaughtering and selling. It is derived that just as there is liability for the fourfold or fivefold payment through selling, which by definition is performed by means of another party, so too, there is liability for slaughtering when it is performed by means of another party.

Traduction française en préparation — version anglaise (Steinsaltz) : The school of Rabbi Yishmael teaches: The word “or” in the phrase: “And slaughter it or sell it,” serves to include a case in which the agent slaughters or sells the animal at the behest of the thief. The school of Ḥizkiyya teaches: The separate word “for” [taḥat] in the phrase: “He shall pay five oxen for an ox, and four sheep for a sheep,” which could have been avoided by using the mere prefix of the letter beit, serves to include a case in which the agent slaughters the animal on behalf of the thief.

Traduction française en préparation — version anglaise (Steinsaltz) : Mar Zutra objects to this explanation of the baraita: Is there anything with regard to which if one performs it himself he is not liable, and if his agent performs it on his behalf one is liable? How is it possible for an agent to have more power than the one who appointed him? Can it be that if the thief himself slaughtered the animal on Shabbat he would be exempt, whereas if he has it slaughtered by another he is liable?

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi said to him: There, in the case of the thief who slaughters a stolen animal on Shabbat, it is not because he is not liable that he does not pay the fourfold or fivefold payment; rather, he is liable but he is excused from payment because he receives the greater of the two punishments, i.e., execution, for desecrating Shabbat. When he appoints an agent he has no liability for desecrating Shabbat, and therefore he pays for the slaughter.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But if the baraita is speaking about a thief who slaughters through the agency of another person, what is the reason of the Rabbis, who exempt the thief from payment? The thief did not himself do any act for which he is liable to receive the death penalty.