Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: Nevertheless, Rabbi Yehoshua was not present in court when Rabban Gamliel encountered him.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks a question from a different source: But isn’t it taught in a baraita that Rabbi Yehoshua said to Rabban Gamliel: Your statement is nothing, as you have already admitted to inflicting the injury yourself? This indicates that even if witnesses would subsequently testify about the injury, Rabban Gamliel would not emancipate Tavi.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara suggests: What, is it not the case that the difference between these two baraitot is a dispute between tanna’im? This tanna of the first baraita, who says that Rabbi Yehoshua’s statement was: As you have no witnesses, holds that one who admits that he is liable to pay a fine is liable to pay the fine if afterward witnesses come and testify to his liability. And that tanna of the second baraita, who says that Rabbi Yehoshua’s statement was: As you have already admitted, holds that one who admits that he is liable to pay a fine is exempt from payment, even if afterward witnesses come and testify to his liability.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this suggestion: No; it is possible to understand the baraitot differently. Everyone agrees that one who admits he is liable to pay a fine is exempt, even if afterward witnesses come and testify to his liability. And they disagree with regard to the following: This tanna, who says that Rabbi Yehoshua said: As you have no witnesses, holds that Rabbi Yehoshua was outside the court when Rabban Gamliel encountered him, and therefore his admission is disregarded. And that tanna, who says that Rabbi Yehoshua said: As you have already admitted, holds that Rabbi Yehoshua was in the court when Rabban Gamliel met him, so Rabban Gamliel’s admission is a valid admission.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara analyzes in detail the dispute alluded to above: It was stated with regard to one who admits that he is liable to pay a fine, and afterward witnesses come and testify to his liability, that Rav says he is exempt, and Shmuel says he is liable.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava bar Ahilai said: What is the reason for the ruling of Rav? With regard to theft, which is subject to a fine of double payment, the Torah states: “If the theft shall be found in his possession alive, whether it is an ox, or a donkey, or a sheep, he shall pay double” (Exodus 22:3). The verb for “shall be found” is doubled, as the verse states “himmatze timmatze.” Rav derives from the repetition that there are two matters that are found: The double payment is imposed only if it is found [himmatze], i.e., it is revealed that he stole the item, through the testimony of witnesses, and the theft is found [timmatze], as determined through judges. This excludes one who incriminates himself through his own admission.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav asks: But why do I need the Torah to teach this here? This principle is already derived from a different source: “The one whom the judges convict shall pay double to his neighbor” (Exodus 22:8), which indicates that self-incrimination is insufficient to render one liable for double payment. Rather, conclude from the fact that there are two verses to serve as the source for this principle that one who admits he is liable to pay a fine is exempt from paying even if afterward witnesses come and testify to his liability. The second verse teaches this additional novelty.

Traduction française en préparation — version anglaise (Steinsaltz) : And Shmuel would explain the double expression differently. He could have said to you: That verse is necessary to teach that a thief himself must pay double payment, i.e., the double payment is imposed not only upon a bailee who takes a false oath that the article entrusted to him was stolen, but it is also imposed upon a thief, as the school of Ḥizkiyya taught earlier in this chapter (63b).

Traduction française en préparation — version anglaise (Steinsaltz) : Rav raised an objection to Shmuel from the following baraita: If a thief saw witnesses who were approaching with the intent to testify against him, and at that point he said: I admit that I stole an animal, but I did not slaughter or sell it, he pays only the principal. This indicates that even if those witnesses subsequently testify, the thief remains exempt from the double payment as well as the fourfold or fivefold payment. Shmuel said to him in response: With what are we dealing here in this baraita? With a case where the witnesses returned back, i.e., ultimately they did not testify.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav raised an objection: But this interpretation is impossible, as can be seen from the fact that the latter clause of the baraita teaches: Rabbi Elazar, son of Rabbi Shimon, says: Let the witnesses come and testify. This means that their testimony will be accepted and the thief will be required to pay the relevant fines. By inference it may be deduced that the first tanna holds that no, there is no point in the witnesses testifying, as the thief will be exempt in any case.

Traduction française en préparation — version anglaise (Steinsaltz) : Shmuel said to Rav: Isn’t there the opinion of Rabbi Elazar, son of Rabbi Shimon, which stands in accordance with my opinion? When I said that one who admits that he is liable to pay a fine and afterward witnesses testified that he committed that act is deemed liable, I said this ruling in accordance with the opinion of Rabbi Elazar, son of Rabbi Shimon.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: According to Shmuel, his opinion on this matter is certainly subject to a dispute between tanna’im, as he himself was forced to admit that his opinion is in accordance only with the opinion of Rabbi Elazar, son of Rabbi Shimon, not that of the first tanna of the baraita. But according to Rav, shall we say that his opinion too is necessarily subject to this dispute between tanna’im?