Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : What, is it not that the same is true for a case where the central twin-leaf became split, i.e., that this lulav has been rendered unfit to be used for the mitzva, and the robber has acquired the lulav as a result of this change? The Gemara answers: No, the case where it was removed is different, as the result is that it is lacking, and an incomplete lulav is certainly unfit. But if the leaf remains in place, albeit split, it does not necessarily render the lulav unfit. The lulav has not been changed and therefore the robber does not acquire it.

Traduction française en préparation — version anglaise (Steinsaltz) : There are those who say that the question was resolved as follows: Come and hear that which Rabbi Matun says that Rabbi Yehoshua ben Levi says: If the central twin-leaf became split, it becomes like a lulav whose central twin-leaf was completely removed, and it is unfit. If so, learn from his statement that if the central twin-leaf became split, the robber has acquired the lulav as a result of the change.

Traduction française en préparation — version anglaise (Steinsaltz) : § Rav Pappa said: This one who robbed another of earth and fashioned it into a brick has not acquired it due to the change. What is the reason for this? It is that he can return it and convert it back into earth. By contrast, if he robbed another of a brick, and by crushing it turned it into earth, he has acquired it due to the change. If you say: Perhaps he will return it and fashion it into a brick? This is a different brick, and a new entity has arrived, i.e., entered into existence, here.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rav Pappa also said: This one who robbed another of a bar of silver [naskha] and fashioned it into coins has not acquired it due to the change. What is the reason for this? He can return it and by melting the coins turn them into a bar of silver. By contrast, if he robbed another of coins and fashioned them into a bar of silver, he has acquired them due to the change. What do you say in response to this, that perhaps he will return and fashion them into coins? These are new coins, and a new entity has arrived here.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Pappa continues: If the stolen coins were black [sheḥimei], i.e., old and used, and he made them as new by cleaning them thoroughly, he has not acquired them. By contrast, if however, they were new, and he made them black, he has acquired them. What do you say in response to this, that perhaps he will return and make them new by cleaning them? Their blackness is already known, and therefore the coins have been changed irreversibly.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: This is the principle: All robbers pay according to the value of the stolen item at the time of the robbery. The Gemara asks: What is added by the phrase: This is the principle? The Gemara replies: It serves to add that which Rabbi Ela says: If one stole a lamb and during the time that it was in the thief’s possession it became a ram, or if one stole a calf and it became an ox, then a change occurred while the animal was in his possession, and he has acquired it due to the change. If he then slaughtered or sold the animal, he slaughters his own animal and he sells his own animal, and he does not become liable to pay the penalty of four or five times the value of the animal.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara relates: There was a certain man who robbed another of a pair [padna] of oxen. He then went and plowed his field with them, and sowed seeds with them, and eventually returned them to their owner. The robbery victim came before Rav Naḥman to claim payment from the robber. Rav Naḥman said to the robbery victim and the robber: Go estimate the amount by which the value of the land was enhanced during the time that the pair of oxen was in the possession of the robber, and the robber must pay that amount.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said to Rav Naḥman: Did the oxen alone enhance the value of the land? Did the land not become enhanced in and of itself? Perhaps not all of the enhanced value of the land was due to the labor performed by the oxen. Rav Naḥman said: Did I say that they should estimate and give him all of the enhanced value? I said only half. Rava said to him: Ultimately, it is a stolen item and is returned as it was at the time of the robbery, as we learned in a mishna: All robbers pay according to the value of the stolen item at the time of the robbery. Why should the robber also pay the owner half the value of the enhancement?

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Naḥman said to Rava: Didn’t I tell you that when I am sitting in judgment, do not say anything to me, i.e., do not question or comment upon my rulings. An indication that my rulings should not be questioned is as our friend Huna has said about me, that King Shapur and I are brothers with regard to monetary laws, i.e., with regard to monetary laws, my opinion is equal to that of Shmuel. This man is an experienced robber, and I wish to penalize him. Therefore, I compelled him to pay the enhanced value, although by right he is not obligated to do so.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: If one robbed another of an animal and it aged while in his possession, consequently diminishing its value, or if one robbed another of Canaanite slaves and they aged while in his possession, they have been changed. The robber therefore pays according to the value of the stolen item at the time of the robbery. Rabbi Meir says: With regard to Canaanite slaves, he says to the robbery victim: That which is yours is before you.

Traduction française en préparation — version anglaise (Steinsaltz) : If one robbed another of a coin and it cracked, thereby reducing its value; or if one robbed another of produce and it rotted; or if one robbed another of wine and it fermented, then he pays according to the value of the stolen item at the time of the robbery.

Traduction française en préparation — version anglaise (Steinsaltz) : If he robbed another of a coin and it was invalidated by the government; or if he robbed another of teruma and it became ritually impure; or if he robbed another of leavened bread and Passover elapsed over it, and therefore it is prohibited to derive benefit from it; or if he robbed another of an animal and a sin was performed with it, thereby disqualifying it for use as an offering; or if the animal was disqualified from being sacrificed upon the altar for some other reason; or if the animal was going out to be stoned because it gored and killed a person at some point after the robbery, the robber says to the robbery victim: That which is yours is before you. In all of these cases, although the value of the stolen item has been diminished or altogether lost, since the change is not externally discernible, the robber returns the item in its current state.