Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : even in the first mishna in this chapter, and Rabbi Yosei holds that even when a bailee pays for the deposit and chooses not to take an oath, the thief pays the double payment to the owner. Is the halakha in accordance with his opinion even in that case, or is the halakha not in accordance with his opinion? Rav Yehuda said to him: Rabbi Yosei was in disagreement even in the first mishna in this chapter, and the halakha is in accordance with his opinion even in the first mishna.

Traduction française en préparation — version anglaise (Steinsaltz) : It was also stated that the amora’im in Eretz Yisrael disagreed about this matter. Rabbi Elazar says: Rabbi Yosei was in disagreement even in the first mishna and the halakha is in accordance with his opinion even in the first mishna. And Rabbi Yoḥanan says: Rabbi Yosei conceded in the first mishna because the bailee already paid and acquired the animal.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara questions the formulation of Rabbi Yoḥanan’s statement: If he paid, yes, the thief pays the double payment to him; if he did not pay, no? But doesn’t Rabbi Ḥiyya bar Abba say that Rabbi Yoḥanan himself says: When the mishna says: If the bailee paid, it does not mean that he actually paid; rather, once the bailee said: I hereby choose to pay, even if he did not yet actually pay, he acquired the double payment? The Gemara answers: Emend the statement of Rabbi Yoḥanan and say: Rabbi Yosei conceded in the first mishna because the bailee already said: I hereby choose to pay.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: If one said to two people: I robbed one of you of one hundred dinars, but I do not know from which of you I took the money, or if one said to two people: The father of one of you deposited one hundred dinars with me, but I do not know the father of which of you he is, then he gives one hundred dinars to this person and one hundred dinars to that person. This is because there is no way to determine which of them is entitled to the money, and he admitted his obligation at his own initiative.

Traduction française en préparation — version anglaise (Steinsaltz) : In the case of two people who deposited money with one person, and this one deposited one hundred dinars and that one deposited two hundred dinars, and when they come to collect their deposit, this one says: My deposit was two hundred dinars, and that one says: My deposit was two hundred dinars, the bailee gives one hundred dinars to this one and one hundred dinars to that one. And the rest of the money, i.e., the contested one hundred dinars, will be placed in a safe place until Elijah comes and prophetically determines the truth.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yosei said: If so, what did the swindler lose? He lost nothing by claiming the one hundred dinars that belongs to another, and he has no incentive to admit the truth. Rather, the entire deposit will be placed in a safe place until Elijah comes. As his fraud will cause him to lose even the one hundred dinars that he deposited, perhaps he will be discouraged from making a fraudulent claim.

Traduction française en préparation — version anglaise (Steinsaltz) : And likewise, if two people deposited two vessels, one worth one hundred dinars and one worth one thousand dinars, and this one says: The expensive vessel is mine, and that one says: The expensive vessel is mine, the bailee gives the small vessel to one of them, and from the proceeds of the sale of the large vessel he gives the value of the small vessel to the other, and the rest of the money is placed in a safe place until Elijah comes. Rabbi Yosei said: If so, what did the swindler lose? Rather, the entire deposit, i.e., both vessels, are placed in a safe place until Elijah comes or one of them admits his deceit.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: From the fact that the mishna teaches that if the bailee does not know whom he robbed, he gives one hundred dinars to this one and one hundred dinars to that one, apparently, in cases of uncertainty, we expropriate property and return it to those claiming it. And we do not say: Establish the money in the possession of its owner. In this case, the bailee is currently the owner of the money, but the money is not left in his possession.

Traduction française en préparation — version anglaise (Steinsaltz) : And raise a contradiction from the continuation of the mishna: In the case of two people who deposited money with one person, and this one deposited one hundred dinars and that one deposited two hundred dinars, and when they come to collect their deposit, this one says: My deposit was two hundred dinars, and that one says: My deposit was two hundred dinars, the bailee gives one hundred dinars to this one and one hundred dinars to that one. And the rest of the money will be placed in a safe place until Elijah comes and prophetically determines the truth.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages said to the one who raised the contradiction: Are you raising a contradiction between the halakha stated in the case of a deposit and the halakha stated in the case of a robbery? In the case of robbery, where one transgressed a prohibition, the Sages penalized him and ruled that he must pay both possible robbery victims. In the case of a deposit, where he did not transgress a prohibition, the Sages did not penalize him.

Traduction française en préparation — version anglaise (Steinsaltz) : And they raised a contradiction between the halakha stated in the case of a deposit and the halakha stated in the case of a deposit, and they raised a contradiction between the halakha stated in the case of a robbery and the halakha stated in the case of a robbery. There is a contradiction between the halakha stated in the case of a deposit and the halakha stated in the case of a deposit, as it is taught in the first clause of the mishna: Or, if one said to two people: The father of one of you deposited one hundred dinars with me, but I do not know the father of which of you he is, he gives one hundred dinars to this person and one hundred dinars to that person. The Gemara raises a contradiction from the continuation of the mishna cited above: In the case of two people who deposited money with one person, the contested sum is placed in a safe place until Elijah comes.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said: In the first clause of the mishna, in the case where the bailee receives money from the father of one person, he becomes like one with whom they deposited sums of money in two separate bundles, as the bailee should have been discerning with regard to who gave him the money. His failure to do so constitutes negligence, and therefore he pays the sum to both claimants. In the latter clause of the mishna, in the case where he receives money from two people, he becomes like one with whom they deposited sums of money in one bundle, as there is no expectation that he should have been discerning. It is a case where they both deposited their money together at one time, as the bailee says to them: If you yourselves were not suspicious of each other, should I be suspicious? Therefore, he is required to pay them only the sum that they can prove is theirs.