Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Shmuel bar Abba went before Rabbi Yirmeya bar Abba to claim his mother’s property. Rabbi Yirmeya established him as the owner of the property, in accordance with what was written in the document. Rabbi Abba, the mother’s husband, went and said a report of the matter before Rav Hoshaya. Rav Hoshaya went and said a report of the matter before Rav Yehuda. Rav Yehuda said to Rav Hoshaya: This is what Shmuel says: In a case of a woman who sold her usufruct property, which belongs to her but whose profits her husband garners, in her husband’s lifetime, and then she died, the husband repossesses the property from the purchasers. The granting of her property by means of the document is analogous to a sale, and Rabbi Abba can repossess the property from Rav Shmuel bar Abba.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages said that halakha before Rabbi Yirmeya bar Abba, who had ruled that the property belongs to Rav Shmuel bar Abba. He said to them: I know the mishna that supports my opinion, as we learned in a mishna (Bava Batra 136a): In the case of one who writes a document transferring ownership of his property to his son, stating that the transfer should take effect immediately but the son will have use of it only after the father’s death, the son cannot sell the property due to the fact that it is still in the father’s possession. And the father, even though he retained the right to use the property, cannot sell the property due to the fact that it is written as belonging to the son. If the father sold the property, then it is sold to the extent that the purchaser may use it until the father dies. If the son sold the property during his father’s lifetime, the purchaser does not have the right to use the property until the father dies.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yirmeya bar Abba infers: In any event, if the son sold the property during his father’s lifetime, when the father dies the purchaser has rights to the property. And this would be so even though it is a case where the son died in the father’s lifetime, where the property never came into the son’s possession.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yirmeya bar Abba’s analysis is in accordance with the opinion of Rabbi Shimon ben Lakish, who says: There is no difference if the son died in the father’s lifetime, where the property never came into the son’s possession, and there is no difference if the father died in the son’s lifetime, where the property came into the son’s possession. In any event, the purchaser acquired the property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara records a dispute between the amora’im with regard to this point. As was stated: In a case where the son sold the property in the father’s lifetime, and the son died in the father’s lifetime, Rabbi Yoḥanan says: The purchaser did not acquire the property. Reish Lakish says: The purchaser acquired the property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains the opinion of Rabbi Yoḥanan. Rabbi Yoḥanan says: The purchaser did not acquire the property, because he could have said to you: When the mishna teaches that if the son sold the property during his father’s lifetime the purchaser does not acquire any rights to use the property until the father dies, and one could infer that when the father dies the purchaser has rights to the property, the mishna is discussing a case where the son did not die during the father’s lifetime, so that the property came into the son’s possession upon the father’s death, before the purchaser acquired it. But if the son died in the father’s lifetime, so that the property did not come into the son’s possession, then even when the father dies the purchaser does not have rights to the property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: Apparently, Rabbi Yoḥanan holds that ownership of the rights to use an item and to its produce is considered to be like ownership of the item itself. Even though the property itself did not belong to the father, it is as though the father owned the property, because all of the produce belonged to him in practice. Therefore, when the son sold the property, he sold property that did not belong to him.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains the opinion of Rabbi Shimon ben Lakish: Rabbi Shimon ben Lakish says that the purchaser acquired the property based on this claim: When the mishna teaches that if the son sold the property during his father’s lifetime the purchaser does not have any right to use the property until the father dies, and one could infer that in any event, when the father dies the purchaser has rights to the property, the mishna means that there is no difference if the son did not die in the father’s lifetime, where the property came into the son’s possession, and there is no difference if the son died in the father’s lifetime, where the property did not come into the son’s possession. In either case, the purchaser acquired the property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: Apparently, Rabbi Shimon ben Lakish holds that ownership of the rights to use an item and to its produce is not considered to be like ownership of the item itself. And therefore when the son sold the property, he sold property that belonged to him.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara returns to the discussion of the opinion of Rabbi Yirmeya bar Abba. And now for us, whether if one discusses the opinion of Rabbi Yirmeya bar Abba and whether one discusses the opinion of Rav Yehuda, they both hold in accordance with the opinion of Rabbi Shimon ben Lakish, that ownership of the rights to use an item and to its produce is not considered to be like ownership of the item itself. And Rabbi Yirmeya bar Abba says: If it enters your mind that ownership of the rights to use an item and to its produce is considered to be like ownership of the item itself, then when the father dies and the son had died in the father’s lifetime, why does the purchaser have rights to the property? When the son sold it, didn’t he sell property that did not belong to him?

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, isn’t it correct to conclude from the mishna that ownership of the rights to use an item and to its produce is not considered to be like ownership of the item itself? Therefore, Rav Shmuel bar Abba should receive the property transferred to him by his mother, as the fact that the husband owned the rights to its produce does not limit her ability to transfer her property to her son.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages brought back Rabbi Yirmeya bar Abba’s reply before Rav Yehuda. Rav Yehuda said to them: This is what Shmuel said: This halakha, that a husband can repossess the property that his wife sold before she died, is not similar to the halakha of our mishna concerning a father who transfers his property to his son while retaining the right to garner the profits.