Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: One who receives a field from another to cultivate for a few years, i.e., fewer than seven, may not plant flax in it, as flax greatly weakens the soil, and if a sycamore tree was growing in the field, he does not have rights to the beams fashioned from the branches of the sycamore tree. Therefore, he may not cut down its branches for his own use, as it takes many years for new ones to grow. If he received the field from him for seven years, in the first year he may plant flax in it, and he does have rights to the beams fashioned from the branches of the sycamore tree.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: Abaye says: Although he does not have rights to the beams fashioned from the branches of the sycamore tree, he does have rights to the value of the enhancement of the sycamore tree, i.e., the value of its growth that occurred while he was cultivating the field. And Rava says: He does not even have rights to the value of the enhancement of the sycamore tree.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises an objection to Rava’s opinion from a baraita: With regard to one who receives a field from another to cultivate and his time to leave arrives, the court appraises its value for him. What, is it not that the court appraises for him the value of the enhancement of the sycamore or other trees? The Gemara responds: No, the court appraises for him the value of the vegetables and beets left in the field.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara challenges: If it is referring to vegetables and beets, let him uproot and take them. The Gemara explains: It is referring to a case where the market day has not yet arrived, so that if he uproots them now he will not be able to sell them. He therefore leaves them for the owner of the land and receives money instead.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara suggests: Come and hear another proof from a baraita: In the case of one who receives a field from another to cultivate and the Sabbatical Year arrived, the court appraises it for him. The Gemara first expresses puzzlement over the baraita itself: Does the Sabbatical Year release land from the one who contracted to cultivate it? The arrangement is in effect it during this time, so why is there a need for an appraisal? The Gemara responds: Rather, say that the baraita reads as follows: In the case of one who receives a field from another to cultivate and the Jubilee Year arrived, the court appraises it for him.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But still, this is difficult; does the Jubilee Year release the term of a contractor? The Merciful One states: “Permanently” (Leviticus 25:23), which indicates that only land that was permanently sold returns to its owner, whereas land that was rented does not revert to the owner at the Jubilee Year. Rather, say that the baraita reads as follows: In the case of one who purchases a field from another and the Jubilee Year arrives, the court appraises it for him.

Traduction française en préparation — version anglaise (Steinsaltz) : And if you would say that so too here it means that the court appraises it for him with regard to vegetables and beets, this cannot be, as vegetables and beets in the Jubilee Year are ownerless. This is because the Jubilee is like the Sabbatical Year in that any produce that grows is ownerless and may be taken by anyone. Rather, is the baraita not referring to the enhancement of the value of the sycamore that occurred during the time he had owned the field? It must be referring to this, and therefore presents a difficulty to Rava.

Traduction française en préparation — version anglaise (Steinsaltz) : Abaye interpreted the baraita so that it is in accordance with the opinion of his disputant Rava: There it is different, as the verse states: “Then the house that was sold shall go out…in the Jubilee” (Leviticus 25:33), which teaches that the house or field that was sold returns to its owner, but the value of its enhancement does not return, but remains with the buyer. The Gemara asks: If so, let us derive from it a general halakha that the value of enhancement need not be returned. The Gemara answers: The two cases are dissimilar, as there, in the baraita, it is a full-fledged sale, and the Jubilee released it, as it is a release of the King, a Divine decree. Since the buyer had been in full ownership of the field, he keeps the value of the enhancement that occurred while it was his. By contrast, one who receives a field to cultivate is not an owner.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara relates: Rav Pappa received land as a contractor for growing hay. During the time he was cultivating it, palm trees sprouted in the ground. When he left the land he said to the owners of the field: Give me the value of the enhancement to the field from the palm trees. Rav Sheisha, son of Rav Idi, said to Rav Pappa: If that is so, i.e., if your claim is justified, then in a situation where there was a palm tree and it grew thick, so too would the Master, i.e., Rav Pappa, want to be paid for the value of the tree’s enhancement? Rav Pappa said to him: There, in that theoretical case, the cultivator did not descend to the field with that possibility in mind, as the cultivator considered only the consumption of the date palm’s fruit, not its growth. Here, in my case, I did indeed descend to the field with this in mind, as I anticipated receiving compensation for any growth of the field.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: In accordance with whose opinion did he make this statement? Is it not in accordance with the opinion of Abaye, who says that he does have rights to the value of the enhancement of the sycamore? The Gemara refutes this claim: You may even say that he holds in accordance with the opinion of Rava, as there the cultivator suffers no loss when the sycamore grows in the field, so he is not entitled to the value of the enhancement as compensation. By contrast, here there is a loss, as the palm trees that sprouted occupied space designated for hay.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Sheisha said to Rav Pappa: But here too, the owner of the field can say: What loss have I caused you? I have caused you to lose a handful of hay. Take a handful of hay and go. Rav Pappa said to him: I claim that I grew garden saffron there. He claimed that he lost land that he could have used for the cultivation of expensive produce, not only hay. Rav Sheisha said to him: Even so, you admit that you wanted the land for other plantings, not to plant palm trees, and you have thereby revealed your intention that you acted so as to take the produce and leave. Take your garden saffron and leave, as you have rights only to the value of wood alone. Since you did not mean to grow these trees, you are entitled only to the price you could have received for the palm trees had you had uprooted them and sold them as wood during the time you cultivated the field.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara relates another incident: Rav Beivai bar Abaye received land to cultivate and he surrounded it with a fence made of earth. In the meantime, trees sprouted in it. When he left the field he said to the owners: Give me my value of the enhancement of the trees that sprouted. Rav Pappi said: Is it because you come from unfortunate people that you say unfortunate and unsound words? Abaye’s family came from the family of Eli, whose descendants were sentenced to die at a young age. Rav Pappi explains: Even Rav Pappa said only that he is entitled to the value of the enhancement of the palm trees when he has suffered a loss, as they take up part of the field. Here, by contrast, what loss do you have? As the trees sprouted in a place that would have been left unplanted, you have not lost anything and you are not entitled to compensation.