Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : is liable to pay all of the five types of indemnity.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains: In this case of one who injured his parent but did not bruise him, what are the circumstances? Is it not a case where he struck him on his hand, and it will eventually return to its original health? And with regard to this case that mishna teaches: He is liable to pay all of the five types of indemnity. If so, this resolves Rabba’s dilemma.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages object and say: Here we are dealing with a case where he deafened his parent by striking him, but did not bruise him. Since his father’s hearing loss is permanent, he is liable to pay all five types of indemnity, and this is not relevant to Rabba’s dilemma. The Gemara objects: But doesn’t Rabba himself say: One who deafens his father is executed, even though no bruise is visible, because it is impossible for deafening to occur without a bruise? It is certain that a drop of blood fell into his ear from the blow, even if it is not visible from the outside.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, it must be that here we are dealing with a case where he shaved his father’s hair without causing a bruise. In a case where he shaved him, his hair will return, and this is an example of our dilemma, i.e., of an injury to a limb that will return to its original health. If so, this resolves Rabba’s dilemma.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages object and say: It is possible that here we are dealing with a case where he smeared his father with a depilatory agent [nasha] that caused his hair to fall out, so that his hair will not return.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains how one could be liable for each of the five types of indemnity by smearing a depilatory agent: The father experiences pain in a case where he has fissures on his head and has pain from those fissures. He incurs medical costs because he requires healing for the fissures. He incurs loss of livelihood in a case where he would dance in taverns to earn money, which requires him to make various gestures with his head and his hair while dancing; and now he cannot gesture because of those fissures on his head. He experiences humiliation, because there is no humiliation greater than losing one’s hair.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: And the matter that is a dilemma for Rabba is obvious to Abaye on this side of the dilemma, and to Rava on that side of the dilemma; they each resolved the dilemma but with opposing conclusions. As it was stated: If one struck another on his hand and the hand was weakened, but it will ultimately return to its original health, Abaye says: He gives him compensation for his major loss of livelihood, i.e., the decrease in his value, due to his temporary paralysis, as measured by his price on the slave market; and his minor loss of livelihood, i.e., the money he would have earned while idle during his recovery. And Rava says: He gives him only the value of his loss of livelihood for each and every day, and he does not give him the full value of his hand.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara presents another dispute between Abaye and Rava. It was stated: With regard to one who severs the hand of a Hebrew slave who belongs to another, Abaye says: He gives compensation for the major loss of livelihood to the slave, and compensation for the minor loss of livelihood to the master. Rava says: All the compensation shall be given to the slave, and land shall be purchased with the money; and the master garners the profits from the land for the duration of the slave’s term of slavery.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: It is obvious that if one injured a slave and thereby reduced the slave’s value for the slave himself, but he did not reduce the slave’s value for his master; the Gemara interjects: What are the circumstances where this is possible? This is possible in a case where he split the tip of his ear or the tip of his nostril, which does not impact the slave’s ability to perform labor. The Gemara returns to continue the statement: In such a case, all of the compensation goes to the slave himself. If the injury reduced the slave’s value for his master, then this is the case of the dispute of Abaye and Rava.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: How is payment for humiliation assessed? It all depends on the stature of the one who humiliates the other and the one who is humiliated. The Gemara asks: Whose opinion is expressed in the mishna? It is not the opinion of Rabbi Meir, and it is not the opinion of Rabbi Yehuda. Rather, it is the opinion of Rabbi Shimon.

Traduction française en préparation — version anglaise (Steinsaltz) : These opinions are as we learned in a baraita: And in all of those cases of Jews who were humiliated, regardless of their individual stature, they are viewed as though they were freemen who lost their property and were impoverished, and their humiliation is calculated according to this status, as they are the sons of Abraham, Isaac, and Jacob, and are all of prominent lineage. Humiliation is assessed according to a standard formula, regardless of who was humiliated. This is the statement of Rabbi Meir. Rabbi Yehuda says: The court views each person according to his stature, the great person according to his greatness, and the small person according to his smallness. Rabbi Shimon says: In a case of wealthy people, the court views them as though they were freemen who lost their property; in a case of poor people, the court views them as the least among the poor. This lessens the payment of compensation for the one who caused humiliation.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains: Whose opinion is expressed in the mishna? Now, if it is the opinion of Rabbi Meir, the mishna teaches: It all depends on the stature of the one who humiliates the other and the one who is humiliated, and Rabbi Meir holds in the baraita that all of those who were humiliated are considered alike to one another. And if it is the opinion of Rabbi Yehuda, a mishna teaches (86b): One who humiliates a blind person is liable, whereas Rabbi Yehuda says in a baraita: A blind person does not have humiliation. Rather, is the opinion expressed in the mishna not that of Rabbi Shimon?