Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: In the case of one who robs another of wood and fashions it into vessels, or one who robs another of wool and fashions it into garments, he pays the robbery victim according to the value of the goods at the time of the robbery, but he need not return the vessels or garments. He has acquired the stolen items because they had undergone a change.

Traduction française en préparation — version anglaise (Steinsaltz) : If one robbed another of a pregnant cow and it then gave birth while in his possession, or if one robbed another of a ewe that was laden with wool and the robber then sheared it, the robber pays the value of a cow that is ready to give birth or the value of a ewe that is ready to be shorn. He pays the value of the animal at the time of the robbery, and the calf or the wool remains his.

Traduction française en préparation — version anglaise (Steinsaltz) : If one robbed another of a cow, and it became pregnant in his possession, and it then gave birth; or if one robbed another of a ewe, and it became laden with wool in his possession, and he then sheared it, then the robber pays according to the value of the animal at the time of the robbery. This is the principle: All robbers pay according to the value of the stolen item at the time of the robbery.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Sages say: It can be inferred from the mishna that if one robbed another of wood and fashioned it into vessels, yes, the robber acquires the wood due to the change. If he merely sanded it, no, the robber does not acquire it, as this is not a significant change. Similarly, if one robbed another of wool and fashioned it into garments, yes, he has acquired the wool due to the change. If he merely washed it, no, he has not acquired it.

Traduction française en préparation — version anglaise (Steinsaltz) : And the Gemara raises a contradiction from a baraita: If one robbed another of wood and sanded it, or stones and smoothed them, or wool and washed it, or flax and cleaned it, he pays according to the value of the stolen item at the time of the robbery. This baraita teaches that even a change such as sanding wood is regarded as a significant change.

Traduction française en préparation — version anglaise (Steinsaltz) : Abaye said: This does not contradict the mishna. The tanna of our mishna teaches the halakha with regard to a change deemed significant by rabbinic law, which is not deemed significant by Torah law, as it is reversible. And all the more so, if the robber effects a change deemed significant by Torah law, i.e., an irreversible change, he acquires the stolen item due to the change.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains: Accordingly, it must be that the case in the mishna, where the change is reversible, where one robbed another of wood and fashioned it into vessels, is stated with regard to one who robbed another of sanded wood. And what are they? Boards that the robber used to construct a vessel, which is a change in which the item can revert to its original state, as, if the robber desires, he can disassemble them. Similarly, the case of one who robbed another of wool and fashioned it into garments refers to wool that was already spun, as fashioning them into garments is a change in which the item can revert to its original state, as, if the robber desires, he can unravel them. The mishna teaches that the robber acquires the stolen item by making these changes, and all the more so the robber acquires the stolen item through a change deemed significant by Torah law.

Traduction française en préparation — version anglaise (Steinsaltz) : Abaye continues his explanation: And the tanna of the baraita teaches the halakha with regard to a change deemed significant by Torah law, but he does not teach the halakha with regard to a change deemed significant by rabbinic law. It is possible that he maintains that the robber does not acquire the stolen item due to such a change.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi stated another answer: The tanna of our mishna is also teaching the halakha with regard to a change deemed significant by Torah law. The case in the mishna of one who robbed another of wood and fashioned it into vessels is referring to one who constructed pestles [bukhanei], which is analogous to the case mentioned in the baraita where one sanded them, since a pestle is formed by trimming the wood in an irreversible manner. Similarly, the case in the mishna of one who robbed another of wool and fashioned it into garments is referring to one who fashioned the wool into pieces of felt [namtei], which is an irreversible change.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks a question with regard to the baraita: But does washing effect a significant change, so that one who robs another of wool and washes it acquires the wool and pays its value at the time of robbery? And the Gemara raises a contradiction from a mishna that discusses the halakhot of the first of the sheared wool, which one must give to a priest (Ḥullin 135a): If the owner of the sheep did not manage to give the sheared wool to the priest before he dyed it, he is exempt from giving it to the priest, as the obligation is in effect only with regard to wool remaining in its original state. By contrast, if he washed it but did not dye it, he is obligated to give it to the priest. This indicates that washing does not effect a significant change.

Traduction française en préparation — version anglaise (Steinsaltz) : Abaye said: It is not difficult. This baraita is in accordance with the opinion of Rabbi Shimon, whereas that mishna is in accordance with the opinion of the Rabbis, as it is taught in a baraita with regard to the first of the sheared wool: If one sheared it, spun it, and wove it, the sheared wool does not combine with the wool from other sheep to constitute the minimum quantity of wool for which one is obligated to give the first of the sheared wool to the priest. If one washed it, then Rabbi Shimon says that it does not combine with the wool of other sheep, as washing effects a significant change, and the Rabbis say that it combines with the wool of other sheep, as washing does not effect a significant change. Their opinions correspond to the opinions in the baraita and mishna previously quoted.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava stated another answer: This and that, i.e., both the mishna and the baraita, are in accordance with the opinion of Rabbi Shimon, and it is not difficult. This mishna is referring to a case where one untangled the strands of wool by hand before washing it. In this case, the washing is not fully effective, and does not effect a significant change. That baraita is referring to a case where one combed it before washing it. The washing is more effective and consequently effects a significant change.