Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: In the case of the house and the upper story belonging to two people, i.e., the lower story was owned by one individual, while the upper story belonged to someone else, that collapsed, the two of them divide the timber and the stones and the earth of the collapsed structure. And the court considers which stones were likely to break, those of the lower or upper story, and gives those broken stones to the one who presumably owned them. If one of them recognized some of his stones he may take them for himself, and they count toward his amount of stones, and the other party takes other stones accordingly. They do not divide the remaining stones equally.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: From the fact that the mishna teaches that the court considers which stones were likely to break, it can be understood by inference that the case is one in which it is possible to establish with regard to the stones, by looking at the debris, how the accident occurred: Whether it fell with pressure [ḥavasa], i.e., the lower story collapsed, and the upper story followed, or whether it fell with a blow, i.e., the upper story collapsed, and caused the lower story to follow suit. In the first instance, it is the stones of the lower story that were likely to break, in the latter instance, the stones of the upper story.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: If that is so, that it is possible to ascertain how the collapse occurred, then why, in the first clause of the mishna, do they divide the stones without taking the circumstances into consideration? Let us see: If the house fell with a blow, it means that the stones of the upper story broke, and the owner of the lower story takes the unbroken stones. And if it fell with pressure, it means that the stones of the lower story broke, and the owner of the upper story takes the unbroken stones.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this analysis: No, it is necessary to state the ruling of the mishna in a case when the house collapsed at night, and no one saw how it fell. The Gemara challenges: But in such a case, let them see the stones in the morning to ascertain how the house collapsed. The Gemara answers: The first clause of the mishna is referring to a case where they had cleared away the stones, and consequently there is no way to determine what occurred. The Gemara challenges: But even in such a case, let them see who cleared them away, and let them ask them what happened. The Gemara explains: The ruling of the first clause of the mishna is stated with regard to a case where the general public cleared them away and left, so that they cannot be asked.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara challenges: But even in such a case, let them see in whose domain the stones are situated. And once this is determined, the halakha will be that the burden of proof rests upon the claimant, i.e., the owner of the stones situated in the other’s domain. The Gemara answers: No, it is necessary to state the ruling of the mishna in a case where the stones are situated in a courtyard that belongs to both of them, or alternatively, if the stones fell into the public domain. And if you wish, say that partners in cases like this are not particular with each other about dividing the courtyard in such a way that the one cannot leave his belongings on the other’s side of the courtyard, and therefore the presence of the stones in the area of the courtyard belonging to one of them does not substantiate a claim for the stones.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: If one of them recognized his stones he may take them. The Gemara asks: And the other, what does he claim? If he says: Yes, they belong to the other, this halakha is obvious, so why would the mishna need to state this? And if he does not say yes, why does the one that recognizes the stones take them? What proof does he have that they are his? Rather, it must be that the other says to him: I don’t know whose stones they are, and consequently, the one who stated a definitive claim is deemed credible.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara suggests: Shall we say that it is a conclusive refutation of the opinion of Rav Naḥman? As it was stated that the amora’im disagreed about the following case: With regard to one who approaches another and says: I have one hundred dinars in your possession, and the other says: I don’t know, Rav Huna and Rav Yehuda say: The respondent is liable to pay, because he did not deny the claim. Rav Naḥman and Rabbi Yoḥanan say: He is exempt from payment. It appears from the mishna that the response: I don’t know, is tantamount to an admission.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara refutes this contention: Just as Rav Naḥman says in that context: He is liable to pay only in a case where there is a matter of an oath between them, here too, it is a case where there is a matter of an oath between them. In that case, Rav Naḥman rules that he is liable to pay only if he is already liable to take an oath concerning his denial of part of the claim. Since he does not know if he owes this sum, and he is therefore unable to take the oath he is liable to take, he must pay. In this case as well, the mishna is discussing a case where the one who says he does not know is liable to take an oath.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What are the circumstances of a matter of an oath? The Gemara explains: This in accordance with the statement of Rava, as Rava says: One who approaches another and says: I have one hundred dinars in your possession, and the other says: You have in my possession only fifty dinars that I am sure about, and as for the rest, I don’t know. As one who admitted to part of a claim, he is liable, by Torah law, to take an oath that he does not owe the other fifty dinars. Since he cannot take an oath to that effect, as he is unsure if he owes it, he must pay.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: If one of them recognized some of his stones he may take them for himself, and they count toward his amount of stones, and the other party takes other stones accordingly. Rava thought to say that this means they count toward his amount of his broken stones. In other words, the first party takes the unbroken stones he recognized, in place of a similar amount of broken stones, and the other party takes an amount of broken stones correspond-ing to the amount of unbroken stones claimed by the first person. Apparently, since he said: I don’t know, his legal status is worse.

Traduction française en préparation — version anglaise (Steinsaltz) : Abaye said to him: On the contrary, this one, the one who recognizes some of his stones, is worse off. He is worse off because since he knows and recognizes these stones, he evidently does not know anything about any more stones, and therefore he has no rights to any more unbroken stones, and all the others are the property of the other party.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, Abaye said that it means they count toward his amount of his unbroken stones. In other words, the first party takes the unbroken stones he recognized, in place of a similar amount of unbroken stones, and the other party takes an amount of unbroken stones corresponding to the amount of unbroken stones claimed by the first person. The Gemara asks: If so, what did the first party gain from recognizing his own stones? The Gemara answers: He gains with regard to bricks from the structure made in a wide brick mold. If his bricks were constructed from a wider mold, he is entitled to these slightly larger ones. Alternatively, if the clay from which his bricks were formed was processed better, he gains by obtaining superior bricks.