Traité Bava Kamma

Traduction française en préparation — version anglaise (Steinsaltz) : If there are witnesses who know what was written in the promissory note, they should write a new, proper, promissory note for him, and there will not be any loss. And if there are no witnesses, how do we know what was written in the promissory note in order to assess liability? Rava says: Let it refer to a case where the one who burned the promissory note trusts the creditor with regard to the details of the promissory note. Despite the concession of the one who burned the promissory note with regard to the amount of the debt, Rabba holds that he is exempt, since the value of the debt is not inherent in the actual paper.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Dimi bar Ḥanina said: This statement of Rabba is the subject of a dispute between Rabbi Shimon and the Rabbis. According to the opinion of Rabbi Shimon, who says that an item that causes financial loss is considered to have monetary value, the one who burned the promissory note is liable. According to the opinion of the Rabbis, who say that an item that causes financial loss is not considered to have monetary value, he is not liable. Rabba holds in accordance with the Rabbis, and therefore rules that one who burns a promissory note is exempt from liability.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Huna, son of Rav Yehoshua, objects to this: Say that you heard the opinion of Rabbi Shimon, that an item that causes financial loss is considered to have monetary value, with regard to a case where he damaged an item that has intrinsic monetary value, in accordance with the statement of Rabba. As Rabba says: If one robbed another of leavened bread before Passover, and another came and burned it during the festival of Passover, when the leavened bread had already become forbidden, the one who burned it is exempt from paying the robber, as all are commanded to destroy the leavened bread, and he therefore performed a mitzva. If he burned it after Passover, that is the matter of dispute between Rabbi Shimon and the Rabbis.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Huna, son of Rav Yehoshua, explains: According to the opinion of Rabbi Shimon, who says that an item that causes financial loss is considered to have monetary value, the one who burned it is liable, and he must pay the robber. Although it is prohibited to derive benefit from leavened bread, the robber could have returned it to the victim and been exempt from liability. Now that it has been burned, the robber will have to pay the monetary value of the leavened bread at the time of the theft. According to the opinion of the Rabbis, who say that an item that causes financial loss is not considered to have monetary value, he is exempt. But with regard to an item such as a promissory note, which has no intrinsic monetary value, do we say that in Rabbi Shimon’s opinion it too is considered to have monetary value?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara cites a ruling for the case where one burns the promissory note of another. Ameimar said: The one who rules that there is liability for damage caused by indirect action collects, in this case, the value of a proper promissory note, i.e., the amount of the debt, from the one who burned the promissory note. The one who rules that there is no liability for damage caused by indirect action collects, in this case, merely the value of the paper. The Gemara relates that there was an incident like this one, and Rafram forced Rav Ashi, who had burned a document in his youth, to pay damages, and he collected payment, in this case, as if he had damaged a beam used for crafting a sculpture, i.e., he paid him the value of the debt listed in the promissory note.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches that if one robbed another of leavened bread, and Passover elapsed over it, and it is therefore prohibited to derive benefit from it, the robber says to his victim: That which is yours is before you. The Gemara asks: Who is the tanna who taught that with regard to items from which benefit is forbidden one says: That which is yours is before you? Rav Ḥisda said: It is the opinion of Rabbi Ya’akov, as it is taught in a baraita (Tosefta 5:4): If there was an ox that killed a person and is consequently liable to be stoned, and before the court sentenced it the owner sold the ox, the sale is valid; if he consecrated it, the consecration is valid; if he slaughtered it, its flesh is permitted; if a bailee returned it to its owner, it is returned.

Traduction française en préparation — version anglaise (Steinsaltz) : The baraita continues: By contrast, from when it was sentenced to be stoned it is prohibited to derive benefit from it, and if the owner sold it, the sale is not valid; if he consecrated it, the consecration is not valid; if he slaughtered it, its flesh is forbidden; if a bailee returned it to its owner, it is not returned, as once it is prohibited to derive benefit from it, the ox is worthless. Rabbi Ya’akov says: Even after it was sentenced, if a bailee returned it to its owner, it is returned.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ḥisda completes his analysis: What, is it not that they disagree about this issue, that Rabbi Ya’akov holds that with regard to items from which benefit is forbidden one can say: That which is yours is before you, and the Rabbis hold that with regard to items from which benefit is forbidden one cannot say: That which is yours is before you?

Traduction française en préparation — version anglaise (Steinsaltz) : Rabba said to him in response: No. It may be that everyone agrees that with regard to items from which benefit is forbidden one can say: That which is yours is before you, and the ruling of the mishna is also in accordance with the opinion of the Rabbis. As if so, i.e., if it were true that the dispute in the baraita between the Rabbis and Rabbi Ya’akov concerns the general question of returning an item from which benefit is forbidden, they should disagree with regard to the case of leavened bread on Passover and whether it can be returned as is, since this is a clear case of an item from which benefit is forbidden. Rather, Rabba said: Here, in the baraita, they disagree with regard to a different issue: Can an ox be sentenced in its absence?

Traduction française en préparation — version anglaise (Steinsaltz) : Rabba explains the dispute: The Rabbis hold that an ox may not be sentenced in its absence, and therefore the bailee is liable to pay. The reason is that when the ox is returned after its sentencing, the owner may say to the bailee: Had you brought the ox to me before sentencing, I would have chased it away into the marsh, preventing the sentencing from taking place. Now, since you did not return it to me before it was given to the court, you have given it to one with whom I cannot litigate, as the court was sure to sentence it. Therefore you must pay me and not return the ox. And Rabbi Ya’akov holds that an ox may be sentenced even in its absence, and the claim of the owner of the ox is not accepted. The reason is that the bailee may say to the owner in response: What did I do to the ox? Ultimately it would have been sentenced in its absence and rendered forbidden.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara relates an incident: Rav Ḥisda, who stated that the mishna is in accordance with the opinion of Rabbi Ya’akov and not the Rabbis, found Rabba bar Shmuel and said to him: Did you learn anything with regard to the halakhot of returning stolen items from which benefit is forbidden? Rabba bar Shmuel said to him: Yes, we learned a baraita: The verse states: “Then it shall be, if he has sinned, and is guilty, that he shall restore the item that he robbed” (Leviticus 5:23). What is the meaning when the verse states: “That he robbed”? It means that the robber must return the same item that he robbed.

Traduction française en préparation — version anglaise (Steinsaltz) : The baraita continues: From here the Sages stated that if one robbed another of a coin and it was invalidated, or of produce and it rotted, or of wine and it fermented, or of teruma and it became ritually impure, or of leavened bread and Passover elapsed over it, or of an animal and a sin was performed with it, or of an ox that had not been sentenced, he can say to the robbery victim: That which is yours is before you.