Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : this reason that the Rabbis exempt the thief from the fourfold or fivefold payment when he slaughters the animal on Shabbat, as slaughter on Shabbat does not render the meat permitted for consumption. But according to the one who says that the product of a prohibited act on Shabbat may be eaten by Torah law but is forbidden by rabbinic law, why do the Rabbis exempt the thief when he appoints an agent to slaughter the animal for him and the agent performs this action on Shabbat?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: When the Rabbis exempt him from the fourfold or fivefold payment, they are not referring to the case where the thief’s agent slaughters the animal on Shabbat. Rather, they were speaking of the rest of the cases listed in the baraita, namely, an agent who slaughters the animal for idol worship and one who slaughters an ox that is sentenced to be stoned.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks another question with regard to the interpretation of the baraita presented above: And with regard to Rabbi Meir, granted he maintains that the legal status of an act of slaughter not fit for accomplishing its full ritual purpose is nevertheless considered an act of slaughter. But why is the thief liable to pay the fourfold or fivefold payment when his agent slaughters the animal for idol worship?

Traduction française en préparation — version anglaise (Steinsaltz) : Once he slaughtered the animal a bit, at the very start of the act of slaughter, he has prohibited the animal, with regard to deriving benefit, as an animal sacrificed to idolatry. When he slaughters the other part it is already prohibited with regard to deriving benefit, which means that it is not an animal that belongs to its owner that he slaughters, and it is not an animal that belongs to him that he slaughters. Since deriving benefit from the animal is prohibited, it has no value; therefore, there is no ownership.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said: This is referring to one who says prior to the slaughter that only with the completion of the slaughter does he worship the idolatry. Therefore, the prohibition does not take effect until that stage, which is also when the liability to pay the fourfold or fivefold payment is incurred.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises a question with regard to another of the cases of the baraita: An ox that is sentenced to be stoned is an item from which deriving benefit is prohibited. Consequently, when a thief or his agent slaughters this animal, it is not an animal that belongs to its owner that he slaughters, and it is not an animal that belongs to him that he slaughters. Why does Rabbi Meir obligate him to pay the fourfold or fivefold payment?

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said: With what are we dealing here? This is a case where the owners entrusted the ox to a bailee and the ox fatally injured someone while in the bailee’s house, and it was forewarned while in the bailee’s house, and it was sentenced to be stoned while in the bailee’s house, and the thief then stole it from the bailee’s house and slaughtered it. Rava continues: And Rabbi Meir holds in accordance with the opinion of Rabbi Ya’akov, and he also holds in accordance with the opinion of Rabbi Shimon.

Traduction française en préparation — version anglaise (Steinsaltz) : He holds in accordance with the opinion of Rabbi Ya’akov, who says: Even after the ox was sentenced to be stoned, if the bailee returned it to its owners before it was killed, it is considered returned. Although the ox is now worthless, as no benefit may be derived from it, since the bailee returned a physically intact ox, the owner has no claim against him.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rabbi Meir also holds in accordance with the opinion of Rabbi Shimon, who says: An item whose elimination causes financial loss is considered to have monetary value. With regard to an item that is otherwise worthless, if its elimination causes monetary loss due to the fact that it must be replaced, it is considered to be of value. In this case, although the ox is worthless in and of itself, when the thief slaughters it he prevents the bailee from returning it intact to the owner and causes him to be obligated to pay the owner the value of the ox before it was sentenced to be stoned. Consequently, the thief must reimburse the bailee, as the ox effectively has value for that bailee.

Traduction française en préparation — version anglaise (Steinsaltz) : As we learned in a mishna (74b): Rabbi Shimon says: In the case of sacrificial animals for which the owner bears financial responsibility to replace any of them with another animal if it is lost or it dies, the thief is obligated to pay the fourfold or fivefold payment if he slaughters the animal. Although one is generally not liable to pay the double payment for stealing consecrated items, Rabbi Shimon maintains that this case is different, since as a result of the animal’s theft the owner sustains a loss by being required to substitute another animal for it. Since the animal’s loss has financial ramifications for the owner apart from any inherent value it has, it has value for him. Apparently, Rabbi Shimon holds that an item whose elimination causes financial loss is considered to have monetary value.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Kahana said: I recited this halakha, according to which the mishna follows the opinion of Rabbi Meir, in front of Rav Zevid of Neharde’a, and I asked him: Is it correct to say that you can establish the mishna in accordance with the opinion of Rabbi Meir, and not in accordance with the opinion of Rabbi Shimon? But isn’t it taught in the last clause of the mishna: Rabbi Shimon exempts the thief from the fourfold or fivefold payment in these last two cases. One can learn by inference that in all the rest of the cases in the mishna, apart from these two, Rabbi Shimon concedes that the thief pays the fourfold or fivefold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Zevid said to him: No; that is not the correct inference from the mishna. Rather, by inference one can learn only that Rabbi Shimon concedes that the thief pays the fourfold or fivefold payment in the cases mentioned immediately prior to this one, specifically in a case where the thief slaughtered or sold the animal in order that it should be used for medicinal purposes or for feeding to dogs. Therefore, it can be correct to establish the mishna in accordance with the opinion of Rabbi Meir and not in accordance with the opinion of Rabbi Shimon.