Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : It is due to the potential monetary loss for purchasers, whose acquisitions had been validated by these witnesses between the time of the witnesses’ first testimony and when they were rendered conspiring witnesses. If the disqualification of the witnesses were applied retroactively, as by right it should, all these transactions would be nullified, which would cause a loss to these purchasers.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is the practical difference between these two explanations of Rava’s opinion? After all, according to both explanations Rava did not apply the disqualification of conspiring witnesses retroactively. The Gemara explains that there is a difference in a case where two witnesses testify about one of the witnesses that he was not at the scene of the supposed crime, and two other witnesses testify about the other one witness in a similar manner. Alternatively, there is a practical difference between the two explanations in a case where two witnesses disqualified the first set of witnesses by testifying that they had once committed robbery and are therefore unfit to give testimony.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara elaborates: According to this version in which you say that Rava’s rejection of retroactive disqualification was because it is a novelty, in these two circumstances there is no novelty, and therefore he would agree that the disqualification should be retroactive. According to that version in which you say that Rava’s concern was due to a potential loss for purchasers, in these two circumstances there is a concern for a potential loss for purchasers. Consequently, in these circumstances as well Rava would reject retroactive disqualification.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yirmeya of Difti related: Rav Pappa once took action, i.e., ruled in a case, in accordance with the opinion of Rava, and rejected retroactive disqualification of conspiring witnesses. Rav Ashi said: The halakha is in accordance with the opinion of Abaye with regard to retroactive disqualification of conspiring witnesses. The Gemara provides a principle: And in disputes between Abaye and Rava the halakha is in accordance with the opinion of Rava, except for six cases in which the halakha is in accordance with the opinion of Abaye. They are: In the cases represented by the mnemonic yod-ayin-lamed kuf-gimmel-mem. These halakhot are the following: Unknown despair [ye’ush]; conspiring witness [eidim] who are disqualified retroactively; a side post [leḥi] standing alone; betrothal [kiddushin] that is not given to consummation; revealing intent with a bill of divorce [get]; and an apostate [mumar] who sins rebelliously.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks a question with regard to Abaye’s opinion from that which we learned in the mishna: If one stole an ox or a sheep, as established based on the testimony of two witnesses, and he slaughtered the animal or sold it, also based on the testimony of the same witnesses, and these witnesses were found to be conspiring witnesses, these conspiring witnesses pay everything, including the fourfold or fivefold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains the question: What, is it not referring to a case in which the events occurred in the following sequence: The witnesses testified concerning the theft of the animal, and then testified concerning the animal’s slaughter. And subsequently they were rendered conspiring witnesses for their testimony concerning the theft, and then they were rendered conspiring witnesses for their testimony concerning the slaughter.

Traduction française en préparation — version anglaise (Steinsaltz) : And if it enters your mind to say, in accordance with the opinion of Abaye, that a conspiring witness is disqualified retroactively from the time he provided his testimony, then with regard to these witnesses, once they are rendered conspiring witnesses concerning the theft, the matter becomes clarified retroactively that when they testified concerning the slaughter they were disqualified to serve as witnesses. Consequently, that testimony should be rejected. Why, then, must they pay the fourfold or fivefold payment for their testimony concerning the animal’s slaughter?

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages say in response: With what are we dealing here? We are dealing with a case where the events did not happen in this sequence. Rather, the witnesses were first rendered conspiring witnesses with regard to their testimony concerning the animal’s slaughter, and only afterward were they rendered conspiring witnesses with regard to the theft.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages say, in rejection of this answer: Ultimately, when they are subsequently rendered conspiring witnesses with regard to their testimony concerning the theft, the matter becomes clarified retroactively that when they testified concerning the slaughter they were disqualified from providing testimony. Why, then, must they pay the fourfold or fivefold payment for their testimony concerning the animal’s slaughter?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara gives its final answer: And the halakha is in accordance with the opinion of Abaye, since the mishna can be explained as discussing a case where the witnesses testified concerning the theft of the animal and its slaughter at the same time, and afterward they were rendered conspiring witnesses with regard to testimony about both matters. Therefore, even if the disqualification of these witnesses is established retroactively, they were not disqualified when they provided their single testimony concerning the theft and the slaughter.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara proposes: Let us say that the dispute between Abaye and Rava is parallel to a dispute between tanna’im. As it is taught in a baraita: In a case where there were two witnesses testifying against someone, claiming that he stole an animal, and they subsequently testify against him that he slaughtered the animal, and they were rendered conspiring witnesses only with regard to their testimony concerning the theft, the halakha is in accordance with the principle that testimony that was partially invalidated is entirely invalidated. In other words, the testimony concerning the slaughter of the animal is null and void, as there is no longer any testimony that the animal was ever stolen. Therefore, the witnesses pay the double payment for having attempted to cause the alleged thief to pay that amount, while the accused is entirely exempt.

Traduction française en préparation — version anglaise (Steinsaltz) : But if they were rendered conspiring witnesses only with regard to their testimony concerning the slaughter, their testimony about the theft remains valid. Consequently, the thief pays the double payment, and the witnesses pay a twofold or threefold payment for having attempted to cause the thief to pay this amount, which is the fine for slaughter or sale beyond his double payment.