Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : gentile thugs took the field from the robber by force due to previous dealings between them. In that case, when the robbery victim comes to collect the principal, he collects it from liened property, and when the robbery victim comes to collect payment for the produce, he can collect only from unsold property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains: Rava did not state his explanation of the baraita in accordance with the explanation of Rabba bar Rav Huna, because the phrase: It is appropriated from his possession, indicates that the field was taken from him legally and not by thugs. And Rabba bar Rav Huna did not state his explanation of the baraita in accordance with the explanation of Rava, because the phrase: It is appropriated from his possession, indicates that the field is appropriated in its unadulterated form, and was not damaged.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi stated that the baraita teaches its rulings disjunctively. According to Rav Ashi, the baraita is referring to a case where one robbed another of a field while it was full of produce, and he consumed the produce and sold the field. When, after the true owner recovers the field from purchaser, the purchaser comes to collect the principal from the robber, i.e., the amount that he paid for the field, he collects it from the robber’s liened property. When the robbery victim comes to collect payment for the produce, he collects only from unsold property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises a difficulty: According to both Rava and Rabba bar Rav Huna, the money that the robber owes the robbery victim has the status of a loan by oral agreement, as it is not accompanied by documentation, and one who is owed a loan by oral agreement cannot collect from liened property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: Here we are dealing with a case where the robber stood trial for his robbery and was found guilty, and he subsequently sold the land. Since he sold it after his liability was well known, the debt is equivalent to one that is written in a promissory note, and can be collected from liened property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: If so, the owner should collect payment for the produce as well from liened property. The Gemara answers: It is referring to a case when the robber stood trial for the principal, but did not yet stand trial for the produce. The Gemara asks: And why was it stated without qualification? According to this explanation, the distinction is not between the principal and the produce but rather between debts for which the robber stood trial and those for which he did not stand trial. The Gemara answers: The normal way of things is that when a person files a claim, he first claims the principal and only afterward does he file claims with regard to other property, such as produce.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara questions the statement that Rav Naḥman cited in Shmuel’s name: But does Shmuel hold that one who buys land from a robber does not have the right to the value of the enhancement of the land?

Traduction française en préparation — version anglaise (Steinsaltz) : But didn’t Shmuel say to Rav Ḥinnana bar Sheilat, who was a scribe: When you write a deed of sale, consult with the parties, and if they agree, write that the seller commits to compensate the buyer, in the event that the land is appropriated from him, with superior-quality land, and for the value of the enhancement of the land and the produce as well? That was the standard formula for deeds of sale.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara clarifies: To what case is this statement referring? If it is a case where the seller’s creditor repossesses the land, does a creditor have rights to the produce? But doesn’t Shmuel say that a creditor collects the value of the enhancement of the field, indicating that he does collect the value of the enhancement, but he does not collect the produce? Rather, is it not referring to a case of one who buys land from a robber, and the owner subsequently repossesses it? This contradicts Shmuel’s earlier statement that one who buys land from a robber does not have the right to the value of the enhancement.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Yosef said: Here we are dealing with a case where the robber owns land, which he can return to the buyer instead of paying him money. In that case, the transaction appears to be a sale and not payment of interest for a loan.

Traduction française en préparation — version anglaise (Steinsaltz) : Abaye said to him: But is it permitted for one to borrow a se’a of grain for return of a se’a in a case where he owns land? The Sages render prohibited executing a loan of produce for return of the same amount of produce, lest the price rise in the interim, causing the debtor to return a higher value than he borrowed, which appears to be interest. This is the halakha even in a case where the borrower owns land. Similarly, in the case where the robber owns land, the payment of the value of the enhancement resembles the payment of interest.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Yosef said to him: The distinction between the two cases is that there, with regard to borrowing a se’a and returning a se’a, the case in question involves a loan, whereas here, it is a case involving a sale. Since the field was bought from the robber, the additional value that the robber pays does not appear to be interest.