Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : of Asporak: Beit Shammai prohibit sacrificing these items and Beit Hillel permit doing so. The Gemara clarifies: What is the reason of Beit Shammai? The Gemara answers: The verse states: “You shall not bring the hire of a harlot or the price of a dog into the House of the Lord your God for any vow; for even both of these are an abomination unto the Lord your God” (Deuteronomy 23:19). The word “even” is an amplification, which serves to include in the prohibition these items in their changed form. And what is the reason of Beit Hillel? The verse states “these” to emphasize that the prohibition applies only to these items in their initial form, but not in their changed form.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And according to Beit Shammai, isn’t the word “these” written in the verse, indicating an exclusion? The Gemara responds: Beit Shammai requires that word to indicate that “these” items are forbidden, but not the offspring of animals given as payment to the prostitute. The Gemara asks: And according to Beit Hillel, what is the source of that halakha? The Gemara answers: According to Beit Hillel, you learn two halakhot from this word, as follows: “These” items are forbidden in their initial form but not in their changed form, and “these” items are forbidden but not their offspring.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And according to Beit Hillel as well, isn’t the word “even” written in the verse, indicating an amplification? The Gemara answers: Indeed, the word “even” is difficult for Beit Hillel. It is not clear how they would interpret that word.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara continues: What is the source that indicates that Rabbi Eliezer ben Ya’akov holds that an item that undergoes a change is still considered to have the same status that it had before the change?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: As it is taught in a baraita that Rabbi Eliezer ben Ya’akov says: In the case of one who robbed another of a se’a of wheat, then ground it, kneaded it, and baked it, and he then separated ḥalla from it, i.e., he separated the portion of the dough that one is required to separate and then give to a priest, how can he recite the blessing over the separation of ḥalla? This individual is not reciting a blessing, but rather he is blaspheming. And with regard to this it is stated: “The robber who recites a blessing blasphemes the Lord” (Psalms 10:3), which is referring to a robber who recites a blessing upon performing a mitzva with an item he stole. According to Rabbi Eliezer ben Ya’akov, although this wheat has been significantly changed, it is still considered a stolen item.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara continues: What is the source that indicates that Rabbi Shimon ben Elazar holds that an item that undergoes a change is still considered to have the same status that it had before the change? As it is taught in a baraita (Tosefta 10:2) that Rabbi Shimon ben Elazar stated this principle: With regard to any enhancement to the stolen animal in that it was enhanced by the actions of the robber, he has the advantage when repaying the owner. If he desires, he takes his enhancement, i.e., when he returns the animal, the robbery victim must pay the difference between its value at the time of the robbery and its current value, and if he desires he can return it to the owner and say to him: That which is yours is before you.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara expresses surprise: What is he saying? If the robber has a right to demand compensation for the enhancement to the animal, why would he ever return it without stating this demand? Rav Sheshet said that this is what he is saying: If the robber enhanced it, he takes his enhancement. If the animal was weakened, the robber says to him: That which is yours is before you, and no further compensation is required. This is because despite a change, the changed item remains in its place. Since the robber has not acquired it, he simply returns the item to the robbery victim.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: If so, i.e., if the robber has not acquired it, then even if he enhanced it that should be the halakha as well. The item should still belong to the robbery victim and the robber should not be entitled to compensation. The Sages say in response: The fact that the robber has a right to demand compensation for the enhancement is due to an ordinance instituted for the penitent. In order to ease the burden of one who desires to repent, the Sages instituted that the robber be reimbursed for the increase in the value of the animal. Otherwise, a robber might refrain from returning a stolen item.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara continues: What is the source that indicates that Rabbi Yishmael holds that an item that undergoes a change is still considered to have the same status that it had before the change? The Gemara answers: As it is taught in a baraita: The ideal way to fulfill the mitzva of produce in the corner of the field, which is given to the poor [pe’a], is to separate it from the standing grain, i.e., grain that has not been harvested. If one did not separate it from the standing grain, he separates it from the sheaves of grain that have already been harvested. If he did not separate it from the sheaves, he separates it from the pile of grain, as long as he has not yet smoothed the pile.

Traduction française en préparation — version anglaise (Steinsaltz) : If he smoothed the pile of grain, activating the obligation to tithe the produce, he first tithes the grain and then gives a portion of the tithed produce to the poor as pe’a, so that the poor will not have to tithe what they receive. Additionally, they said in the name of Rabbi Yishmael: If he did not separate pe’a during any of the aforementioned stages and he made a dough from the grain, he separates pe’a even from the dough and gives it to the poor. This indicates that even if the grain was changed, one is not exempt from the obligation of pe’a. The Gemara has now clarified the sources Abaye alluded to when he listed all the tanna’im who hold that despite a change, the changed item remains in its place.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Pappa said to Abaye: Did all these tanna’im go to so much trouble in an effort [ikhpal] to teach us a halakha in accordance with the opinion of Beit Shammai, which is presumably not accepted as normative? Abaye said to Rav Pappa: This is what they are saying: Beit Shammai and Beit Hillel did not engage in a dispute with regard to this matter. All of the aforementioned tanna’im hold that even Beit Hillel agree that a change in the form of an item does not impact its status.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said: From where can it be proven that all of the aforementioned tanna’im hold that an item that undergoes a change is still considered to have the same status that it had before the change? One can say that the reasons for their statements are due to other factors. Perhaps Rabbi Shimon ben Yehuda states his opinion, that it is not a significant change, there, in the case of the first of the sheared wool, only with regard to dye, which is a reversible change, since one is able to remove it with soap.