Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : with date pits used for cleaning and smoothing parchment. The term to acquire items serves to exclude the opinion of Levi, who says that the symbolic exchange is effected by means of the vessels of the one transferring ownership of the item. This latter expression teaches us that the vessel is given to acquire and not to transfer ownership to the other. With regard to the term: With it, Rav Pappa said: It serves to exclude a coin, which cannot effect a symbolic exchange. And Rav Zevid, and some say Rav Ashi, said: It serves to exclude items from which deriving benefit is prohibited.

Traduction française en préparation — version anglaise (Steinsaltz) : Some say a different version of the dispute, as follows. With regard to the term: With it, Rav Pappa said: It serves to exclude a coin, which cannot effect a symbolic exchange. With regard to the term: That is fit, Rav Zevid, and some say Rav Ashi, said: It serves to exclude items from which deriving benefit is prohibited. But according to this version, a verse to exclude date pits is not necessary, as they are of no significance at all.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara returns to an analysis of a passage in the mishna. When one party takes possession of an asimon, the other party acquires the minted coin. The Gemara asks: What is an asimon? Rav said: It is one of the coins given as a token to gain entry into the bathhouse, for which the bathers would pay later.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises an objection from a baraita: One desacralizes second-tithe produce neither with an asimon nor with one of the coins given as a token to gain entry into the bathhouse. This proves by inference that an asimon is not one of the coins given as tokens in a bathhouse. And if you would say the tanna is explaining the meaning of the term asimon, there is a difficulty with that explanation. But wasn’t it taught in another baraita like this: One desacralizes second-tithe produce with an asimon; this is the statement of Rabbi Dosa. And the Rabbis say: One does not desacralize second-tithe produce with an asimon. And they agree that one does not desacralize the second-tithe produce by transferring its sanctity onto one of the coins given as a token to gain entry into the bathhouse. It is clear from this baraita that an asimon is not a token given in a bathhouse.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, Rabbi Yoḥanan said: What is an asimon? It is a blank, i.e., a piece of metal in the shape of a coin that was not yet imprinted. The Gemara comments: And Rabbi Yoḥanan follows his standard line of reasoning, as Rabbi Yoḥanan said: Rabbi Dosa and Rabbi Yishmael said the same thing. Rabbi Dosa, as we stated, said that the legal status of an asimon is that of a coin. With regard to Rabbi Yishmael, what is his statement? It is as it is taught in a baraita: “And you shall bind up [vetzarta] the money in your hand” (Deuteronomy 14:25). This serves to include any type of money that is bound [hanitzrar] in one’s hand, i.e., that has monetary value; this is the statement of Rabbi Yishmael. Rabbi Akiva says: It serves to include any type of money that has an imprint [tzura]. Rabbi Akiva requires a minted coin in order to desacralize a second-tithe produce coin, while Rabbi Yishmael says that a blank can be used as well.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: How so? If the buyer pulled produce from the seller, but the buyer did not yet give the seller their value in coins, he cannot renege on the transaction, but if the buyer gave the seller coins, but did not yet pull produce from him, he can renege on the transaction, as the transaction is not yet complete. By Torah law money effects acquisition, i.e., when one pays money he acquires the item, even if he has not yet performed another act of acquisition. And for what reason did the Sages say that pulling acquires an item and money does not? This is a rabbinic decree lest the seller say to the buyer after receiving the money: Your wheat was burned in the upper story. If a fire breaks out or some other mishap occurs after a seller receives the money, he will not bother to save the goods in his house because they no longer belong to him, and the buyer may incur a loss.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: Ultimately, the one who ignited the fire is required to pay for the damage caused, and the one who purchased the movable items with money will be reimbursed for his loss, so why was there a need to issue this decree? Rather, it is a rabbinic decree lest a fire be ignited spontaneously due to circumstances beyond one’s control, where no one is liable to pay for the damage caused. If you establish the purchase item in the possession of the seller, he will expend great effort, exert himself, and rescue the item, as it is still his own property. But if you do not establish the purchase item in the possession of the seller, he will not expend great effort, exert himself, and rescue the item. That is the opinion of Rabbi Yoḥanan.

Traduction française en préparation — version anglaise (Steinsaltz) : Reish Lakish says: The act of acquisition of pulling is explicit in the Torah, and it is not merely by rabbinic decree that payment of money does not effect acquisition of movable property. The Gemara asks: What is the reason for the opinion of Reish Lakish? He derives it from the Torah, as the verse states: “And if you sell to your colleague an item that is sold, or acquire from your colleague’s hand, you shall not exploit his brother” (Leviticus 25:14), and the reference is to an item that is acquired from hand to hand, i.e., by means of pulling.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rabbi Yoḥanan said: The term “from your colleague’s hand” is not teaching that an item can be acquired by pulling. Rather, it serves to exclude land, which is not subject to the halakha of exploitation because it is not physically handed over from one to another.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And how does Reish Lakish respond to that explanation? The Gemara answers: Reish Lakish agrees that the verse serves to exclude land from the halakha of exploitation. But if it is so that this was its only purpose, let the verse write: And if you sell, from your colleague’s hand, an item that is sold, you shall not exploit. Why do I need the additional phrase “or acquire”? Learn from it that acquisition by Torah law is effected by means of pulling.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And as for Rabbi Yoḥanan, what does he do with the phrase “or acquire”? What halakha does he derive? The Gemara answers: He requires that phrase for that which is taught in a baraita: From the phrase in the verse: “And if you sell to your colleague an item that is sold…you shall not exploit,” I have derived only a case where the buyer was exploited. From where is it derived that the halakha is the same in a case where the seller was exploited? The verse states: “Or acquire…you shall not exploit,” indicating that it is prohibited for the one who acquires the item to exploit the seller.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And from where does Reish Lakish derive this halakha? He derives two halakhot from the phrase “or acquire from your colleague’s hand.” He derives that it is prohibited to exploit the seller and that movable items are acquired by means of pulling.