Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : And likewise, Rabba says: They enhanced the property, and the profit goes to the middle. Abaye said to him: Are these matters comparable? There, in the case that the adult and minor brothers were together, the adults are aware that the minors exist and forgo payment for their effort on behalf of their younger brothers. Here, in the case of Mari bar Isak, was the older brother aware of the existence of the younger brother so that he could forgo payment for his labor?

Traduction française en préparation — version anglaise (Steinsaltz) : The matter continued to develop and came before Rabbi Ami. He said to those who reported Rav Ḥisda’s ruling: The Sages stated a more far-reaching halakha than that: In the case of relatives who tend to the property of a captive, the court appraises their work as one would appraise the work of a sharecropper. Although the property they tended did not belong to them at all, they receive wages for their labor. Why, then, is the ruling now, in the case of Mari bar Isak, that payment for labor on property that is his, we do not give him? Mari bar Isak should be reimbursed for his expenditures.

Traduction française en préparation — version anglaise (Steinsaltz) : They returned and related this matter before Rav Ḥisda. Rav Ḥisda said to them: Are these matters comparable? There, in the case of the captive’s property, it was with authorization from the court that the relative descended to tend to the property. Here, it was without authorization that Mari bar Isak descended to tend to the property of his brother. And furthermore, Mari bar Isak’s brother was a minor when Mari inherited the property, and the court does not authorize a relative to descend and manage the property of a minor.

Traduction française en préparation — version anglaise (Steinsaltz) : They returned and related this response before Rabbi Ami. Rabbi Ami said to them: They did not complete conveying all the details of the case before me, and I was unaware that Mari’s brother was a minor. Rav Ḥisda is correct.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: In the case of one who deposits produce with another, and the bailee provides him with different produce in return, that bailee deducts from the produce that he returns an amount equal to the standard decrease of the produce. The decrease is calculated according to this formula: For wheat and for rice, he deducts nine half-kav per kor, which is 180 kav; for barley and millet, he deducts nine kav per kor; for spelt and flaxseed, he deducts three se’a, which total eighteen kav, per kor. The entire calculation is according to the measure, and the entire calculation is according to the time elapsed. This is the amount of produce that the bailee deducts per one kor of produce over the course of one year.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yoḥanan ben Nuri said: And what do the mice care how much produce the bailee is safeguarding? Don’t they eat the same amount whether it is from much produce and whether it is from little produce? Rather, he deducts an amount equal to the standard decrease of just one kor of produce. Rabbi Yehuda says: If the deposit was a large measure, the bailee does not deduct the decrease from it, due to the fact that for different reasons it increases. Therefore, he returns the measure of produce that was deposited with him, because the increase offsets the decrease.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Gemara challenges: After decrease, rice is lacking a greater amount than what is recorded in the mishna. Rabba bar bar Ḥana says that Rabbi Yoḥanan says: It is with regard to shelled rice that the tanna’im taught the mishna. The mishna teaches: For spelt and flaxseed, he deducts three se’a per kor. Rabbi Yoḥanan says that Rabbi Ḥiyya says: It is with regard to flaxseed on its stalks that the tanna’im taught the mishna, and that is why the rate of decrease is so great. The Gemara comments: That is also taught in a baraita: For spelt and for flaxseed on its stalks and for unshelled rice, he deducts three se’a per kor.

Traduction française en préparation — version anglaise (Steinsaltz) : The mishna teaches: The entire calculation is according to the measure, and the entire calculation is according to the time elapsed. It is taught in a baraita: That is the measure of decrease for each and every kor, and that is the measure of decrease for each and every year.

Traduction française en préparation — version anglaise (Steinsaltz) : The mishna teaches: Rabbi Yoḥanan ben Nuri said: And what do the mice care how much produce the bailee is safeguarding? It is taught in a baraita that the Sages said to Rabbi Yoḥanan: The reduction is due not only to mice eating the produce. Much of the produce is lost, and much of the produce is scattered.

Traduction française en préparation — version anglaise (Steinsaltz) : It is taught: In what cases is this statement said, that the bailee deducts these measures for the decrease? It is in a case where the bailee mixed the produce that he is safeguarding with his own produce, and he is unable to distinguish between them. But if he designated a corner for the produce that he is safeguarding, the bailee says to the owner of the produce: That which is yours is before you, and he does not calculate the decrease.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And when he mixed the produce that he is safeguarding with his own produce, what of it? Why must he calculate the decrease? Let him see how much his produce was, add the amount that was deposited with him, and calculate how much the produce diminished over time. He can then divide the loss proportionately between his produce and the deposited produce. The Gemara answers: The baraita is referring to a case where the bailee took supplies from that produce, and therefore it is impossible to ascertain the rate of decrease.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And let him see how much produce he took as supplies and include this in his calculation. The Gemara answers: The baraita is referring to a case where the bailee does not know with how much he took as supplies, and therefore he must calculate the decrease based on the measures enumerated in the mishna.