Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : it is speaking of the rental of movable property, is movable property subject to the writing of a deed? Rather, Rav Ḥisda said: It is referring to the rental of land.

Traduction française en préparation — version anglaise (Steinsaltz) : § Rabbi Elazar says: If people saw a thief who was hiding in the woods near a herd of grazing animals, and that individual emerged and slaughtered or sold one of the animals from the herd, he pays the fourfold or fivefold payment. The Gemara asks: Why is the thief liable to the fourfold or fivefold payment? But he did not pull the animal. Rabbi Elazar is apparently describing a case where the thief emerged from the forest and slaughtered one of the animals without first moving it, and there is no fourfold or fivefold payment unless the thief first steals the animal. Rav Ḥisda says: This is referring to a case where he hit the animal with a stick, causing it to move.

Traduction française en préparation — version anglaise (Steinsaltz) : With regard to Rabbi Elazar’s statement, the Sages say: But since people saw him doing all this, he is a robber, not a thief, and the fourfold or fivefold payment applies only to thieves. A thief is one who sneaks into a house or other private property; one who commits his act brazenly, in public, is classified as a robber. The Gemara answers: Since he was hiding from them, he is considered a thief, despite the fact that they saw him.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But if so, what are the circumstances of a robber? Rabbi Abbahu said: Robbers are like the case of Benaiah ben Jehoiada, as it is stated concerning him: “He slew an Egyptian, a goodly man; and the Egyptian had a spear in his hand; but he went down to him with a staff, and he robbed the spear out of the Egyptian’s hand, and slew him with his own spear” (II Samuel 23:21).

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yoḥanan said: A different example of a robber is a case like that of the men of Shechem, as it is stated: “And the men of Shechem set ambushers for him on the tops of the mountains, and they robbed all that came along that way by them” (Judges 9:25).

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And what is the reason that Rabbi Abbahu did not say the example from this verse, which discusses the men of Shechem? He could have said to you: Since the men of Shechem were hiding in ambush, they are not considered robbers but thieves. And how would Rabbi Yoḥanan respond to this claim? This fact that they were hiding was not because they were hesitant to steal in view of the public. Rather, they acted in this manner so that the travelers should not see them in advance and flee from them.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara concludes its discussion of theft with several aggadic statements. His students asked Rabban Yoḥanan ben Zakkai: For what reason was the Torah stricter with a thief than with a robber? Only a thief is required to pay the double, fourfold, or fivefold payment, not a robber. Rabban Yoḥanan ben Zakkai said to them in response: This one, the robber, equated the honor of the servant to the honor of his Master, and that one, the thief, did not equate the honor of the servant to the honor of his Master. The robber fears neither God nor people, as he is not afraid to rob in public. The thief does not fear God but he does fear other people, which demonstrates that he is more concerned about humans than God.

Traduction française en préparation — version anglaise (Steinsaltz) : As it were, the thief establishes the eye below, i.e., God’s eye, as though it does not see, and the ear below, i.e., God’s ear, as though it does not hear. The Gemara cites verses that describe people who imagine that God does not see their actions, as it is stated: “Woe to them who seek deeply to hide their counsel from the Lord, and their works are in the dark, and they say: Who sees us, and who knows us?” (Isaiah 29:15). And it is written: “And they say: The Lord will not see, neither will the God of Jacob give heed” (Psalms 94:7). And it is written: “For they say: The Lord has forsaken the land, and the Lord does not see” (Ezekiel 9:9).

Traduction française en préparation — version anglaise (Steinsaltz) : It is taught in a baraita that Rabbi Meir said: To illustrate the severity of a thief over a robber, as per Rabban Yoḥanan ben Zakkai’s explanation, they stated a parable in the name of Rabban Gamliel. To what is this matter comparable? To two people who were living in the same city, and both of them prepared a feast. One of them invited the people of the city to his feast but he did not invite the king’s sons. And the other did not invite the people of the city and also did not invite the king’s sons. Which of them deserves a greater punishment? You must say that it is this one who invited the people of the city but did not invite the king’s sons. Likewise, both the thief and the robber show disdain for God, but the robber does not display more respect for people.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara discusses why there is a fourfold payment for a sheep but a fivefold payment for an ox. Rabbi Meir said: Come and see how great the power of labor is. The theft of an ox, which was forced by the thief to cease its labor, leads to a fivefold payment; whereas the theft of a sheep, which was not forced by the thief to cease its labor, as a sheep performs no labor, leads to only a fourfold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabban Yoḥanan ben Zakkai said: Come and see how great human dignity is. The theft of an ox, which walked on its own legs as the thief stole it, leads to a fivefold payment, whereas the theft of a sheep, which the thief carried on his shoulder as he walked, thereby causing himself embarrassment, leads to only a fourfold payment.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: One may not raise small domesticated animals, i.e., sheep and goats, in settled areas of Eretz Yisrael, as they graze on people’s crops. But one may raise them in Syria, despite the fact that with regard to many other halakhot Syria is treated like Eretz Yisrael, and in the wilderness of Eretz Yisrael.