Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : but not from a place that faces the sun, where the fruits grow copiously, as it is stated: “And for the precious things of the fruits of the sun” (Deuteronomy 33:14).

Traduction française en préparation — version anglaise (Steinsaltz) : The baraita further states: And the people of the city shall have the right to take supplies of water from a spring on private property, even from a spring that emerges for the first time. Rabba bar Rav Huna says: And although one may draw water from that spring, he must give money to reimburse the owner of the property. The Gemara concludes: But the halakha is not in accordance with his opinion, as the water may be taken without payment.

Traduction française en préparation — version anglaise (Steinsaltz) : The next of Joshua’s conditions is: And that they shall have the right to fish in the Sea of Tiberias, provided that the fisherman does not build an underwater fence to catch fish, thereby causing an impediment to boats. The Gemara comments: But one may fish with nets and with traps. The Sages taught in a baraita: Initially, the tribes stipulated with each other that one may not build an underwater fence to catch fish, thereby causing an impediment to boats, but one may fish with nets and with traps.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages taught in a baraita: The Sea of Tiberias was located in the portion of the tribe of Naphtali. Moreover, the tribe of Naphtali received in addition a small stretch of land equal to the full length of the rope of a fish trap. This stretch of land was located to the south of the sea, where the members of this tribe could spread out their fishing nets, to fulfill that which is stated: “And of Naphtali he said: O Naphtali, satisfied with favor, and full with the blessing of the Lord; possess the sea and the south” (Deuteronomy 33:23).

Traduction française en préparation — version anglaise (Steinsaltz) : It is taught in a baraita: Rabbi Shimon ben Elazar says: Detached items that are found in the mountains at the time of conquest are considered to be in the possession of all the tribes equally, as spoils of war; but that which is attached, e.g., trees, are considered to be in the sole possession of that tribe that would receive the land where the tree was found.

Traduction française en préparation — version anglaise (Steinsaltz) : The baraita adds: And you do not have a single tribe of Israel that did not have in its portion at least some land in the mountains, and some in the lowland, and some in the countryside, and some in the valley, as it is stated: “Turn and take your journey, and go to the hill-country of the Amorites and to all their neighbors, in the Arabah, in the hill-country, and in the lowland, and in the countryside, and by the seashore” (Deuteronomy 1:7). And you find similarly with regard to the Canaanites and Perizzites and Amorites who inhabited the land before the Jews, as it stated in the above verse: “The Amorites and to all their neighbors.” Apparently, the Amorites and their neighbors all had this variety of types of land in their respective territories.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara discusses the next of Joshua’s conditions: And people shall have the right to relieve themselves outdoors behind a fence, even in a field that is full of saffron. Rav Aḥa bar Ya’akov said: It goes without saying that one may relieve himself when necessary; this stipulation is necessary only to permit the one relieving himself to take a stone out of a wall in the field with which to clean himself. Rav Ḥisda said: And it is permitted to remove a stone from a wall for this purpose even on Shabbat. Mar Zutra the Pious would take a stone in this manner on Shabbat and replace it in the wall, and say to his attendant after Shabbat: Go and plaster it over, so that it would fit securely back in the wall.

Traduction française en préparation — version anglaise (Steinsaltz) : The baraita further states: And they shall have the right to walk in permitted paths, i.e., those paths that cut through a private field, throughout the summer until the second rainfall, when crops begin to sprout. Rav Pappa said: And with regard to these fields that we have in Babylonia, even dew that settled the previous night is bad for them. Even after a night of dew, the field is sufficiently moistened that trampling on it will cause damage, and therefore this condition does not apply if there was dew the previous night.

Traduction française en préparation — version anglaise (Steinsaltz) : The next item on the list of conditions is: And they shall have the right to veer off to the sides of the roads onto private property because of hard protrusions of the road. The Gemara relates: Shmuel and Rav Yehuda, who lived in Babylonia, were once walking along the road, and Shmuel veered off to the sides of the road onto private property. Rav Yehuda said to him: Do the conditions that Joshua stipulated apply even in Babylonia? Shmuel said to him: Indeed so, as I say that they apply even outside of Eretz Yisrael.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yehuda HaNasi and Rabbi Ḥiyya were once walking along the road, and they veered off to the sides of the road. Rabbi Yehuda ben Kanosa was taking broad steps on the road, to avoid the protrusions without going off to the side of the road, while walking in front of them. Rabbi Yehuda HaNasi said to Rabbi Ḥiyya: Who is this man who is showing off his supposed greatness in our presence? By acting more stringently than required by halakha, he is displaying insolence.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Ḥiyya said to Rabbi Yehuda HaNasi: Perhaps it is my student Rabbi Yehuda ben Kanosa. And if so, all of his actions are undertaken for the sake of Heaven; he is not acting out of haughtiness. When they reached him and Rabbi Yehuda HaNasi saw him, he said to him: If you were not Yehuda ben Kanosa I would have cut off your legs with iron shears, i.e., I would have excommunicated you for your impudence.

Traduction française en préparation — version anglaise (Steinsaltz) : The baraita further teaches: And one who becomes lost among the vineyards shall have the right to cut down [mefaseig] branches and enter an area of the vineyard, or cut down branches and exit an area of the vineyard, until he finds his way back to the road. The Sages taught in a baraita that this stipulation extends further: With regard to one who sees another person lost among the vineyards, he may cut down branches and enter an area of the vineyard, or cut down branches and exit an area of the vineyard until he reaches him and brings him back up to the city or to the road. And similarly, if he himself is the one who is lost among the vineyards, he may cut down branches and enter an area of the vineyard, or cut down branches and exit an area of the vineyard until he comes back up to the city or to the road.