Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : One might have thought that he must give precedence to the cutting down of a barren tree even if the barren tree is greater in monetary value than the fruit-bearing tree. The verse states: “Only,” which teaches that there is an exception to the rule. Similarly, if the fruit-bearing tree itself would be worth more as lumber than for its fruits, it would be permitted for one to cut it down.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara relates: The sharecropper of Shmuel brought him dates. Shmuel ate them, and tasted the taste of wine in them. He said to his sharecropper: What is this? The sharecropper said to him: The date palms stand among the grapevines and therefore contain a taste of wine from the grapes. Shmuel said: Do they weaken the wine, i.e., the grapevines, so much that it is possible to taste the wine in the dates? Tomorrow, cut down the date palms and bring me from their marrow to eat.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara relates a similar incident: Rav Ḥisda saw date palms growing among grapevines on his estate. He said to his sharecropper: Uproot the date palms, since one can purchase date palms with grapevines, as grapevines are more valuable, while one cannot purchase grapevines with date palms.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: Despite the fact that the assailant who caused damage gives to the victim all of the required payments for the injury, his transgression is not forgiven for him in the heavenly court until he requests forgiveness from the victim, as it is stated that God told Abimelech after he had taken Sarah from Abraham: “Now therefore restore the wife of the man; for he is a prophet, and he shall pray for you, and you shall live” (Genesis 20:7). And from where is it derived that if the victim does not forgive him that he is cruel? As it is stated: “And Abraham prayed to God; and God healed Abimelech, and his wife, and his maidservants; and they bore children” (Genesis 20:17).

Traduction française en préparation — version anglaise (Steinsaltz) : The mishna continues: With regard to one who says to another: Blind my eye, or: cut off my hand, or: break my leg, and he does so, the one who performed these actions is liable to pay for the damage, despite having been instructed to do so. Even if he explicitly instructed him: Do so on the condition that you will be exempt from payment, he is nevertheless liable.

Traduction française en préparation — version anglaise (Steinsaltz) : With regard to one who says to another: Tear my garment, or: break my jug, and he does so, he is liable to pay for the damage. But if he instructed him explicitly: Do so on the condition that you will be exempt from payment, he is exempt from payment. If one says to another: Do so, i.e., cause damage, to so-and-so on the condition that you will be exempt from payment, and he did so, he is liable, whether the instructions were with regard to the victim himself, or whether the instructions were with regard to his property.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Sages taught: All these sums that in the previous mishna they said one is liable to pay for humiliating another are the compensation for his humiliation, for which there is a set amount. But for the victim’s pain caused by the assailant, even if the assailant brings as offerings all the rams of Nebaioth (see Isaiah 60:7) that are in the world, which are of the best quality, his transgression is not forgiven for him in the heavenly court until he requests forgiveness from the victim, as it is stated: “Restore the wife of the man; for he is a prophet, and he shall pray for you” (Genesis 20:7).

Traduction française en préparation — version anglaise (Steinsaltz) : Having quoted the verse, the Gemara asks: Shall one infer from here that the wife of a prophet needs to be returned, but the wife of another individual need not be returned?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers. Rabbi Shmuel bar Naḥmani says that Rabbi Yonatan says: This is how the verse should be understood: “Restore the wife of the man” in any case, since she is his wife. And with regard to that which you, Abimelech, said: “Will you slay even a righteous nation? Did he not say himself to me: She is my sister, and she, even she herself, said: He is my brother?” (Genesis 20:4–5), the answer is that you, Abimelech, are not so righteous, since the reason Abraham said that Sarah was his sister is that he is a prophet, and he already learned how to conduct himself based on your behavior. As with regard to a guest [akhsenai] who comes to town, does one ask him about matters concerning eating and drinking, or does one ask him about matters concerning his wife? Does one ask a guest: Is she your wife? Is she your sister? Abimelech was to be blamed, since Abraham thought that he intended to steal his wife.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara remarks: From here it can be derived that a gentile is executed for having transgressed a prohibition without awareness that the act was prohibited, since he should have learned and he did not learn.

Traduction française en préparation — version anglaise (Steinsaltz) : Having mentioned the verses concerning the incident of Abraham and Abimelech, the Gemara explains other related verses. “For the Lord had obstructed [atzor atzar] all the wombs of the house of Abimelech” (Genesis 20:18). Rabbi Elazar says: Why are these two obstructions [atzor atzar] both stated? One is stated with regard to a man, that semen will not be discharged, and two are stated with regard to a woman, that semen will not be discharged from her, and that she will not give birth.

Traduction française en préparation — version anglaise (Steinsaltz) : It was taught in a baraita: Two are stated with regard to a man: Semen and urine, i.e., that the men were unable to both urinate and discharge semen; three are stated with regard to a woman: Semen, and urine, and birth.