Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : but it is not subject to an intermediate stage of consecration resulting from redemption? Ravina said to him: It is due to the fact that it is not subject to ultimate consecration. A non-kosher animal does not ultimately remain consecrated, as it is used neither as an offering nor in the upkeep of the Temple. Instead, it is redeemed and its value is consecrated.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Aḥa of Difti said to Ravina: It is subject, at least, to an intermediate stage of consecration; and in that case, let one add one-fifth as well. Ravina said to him: Its legal status is like that of ultimate consecration: Just as one does not add one-fifth with regard to a non-kosher animal in ultimate consecration, as that category does not exist in a non-kosher animal, so too, one does not add one-fifth in a case of intermediate consecration.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Zutra, son of Rav Mari, said to Ravina: What did you see that led you to liken the intermediate stage of consecration to ultimate consecration? Let us liken it to initial consecration. Ravina said to him: It stands to reason that he should liken it to ultimate consecration, as he thereby derives the halakha of an item consecrated by association with the sanctity of an item consecrated by association. The Gemara asks: On the contrary, he should have likened it to initial consecration, as he thereby derives the halakha of an item after which there is another stage of sanctity, the intermediate stage of consecration, from an item after which there is another stage of sanctity.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: It is as Rava says: “The burnt-offering” (Leviticus 6:2), employing the definite article, indicates that the reference is to the first burnt-offering. So too, when it is written: The non-kosher animal, the reference is to the initial consecration of the non-kosher animal, not the intermediate stage of consecration.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: It is taught in a baraita in accordance with the opinion of Rabbi Yehoshua ben Levi: If one said that this cow is in place of that cow, which belongs to the Temple treasury, or this garment is in place of that garment, which belongs to the Temple treasury, his consecrated property is redeemed, and the treasurer of consecrated property is at an advantage. If the replacement item is equal to or more valuable than the original item, it belongs to the treasurer, and if it is less valuable, the one who consecrated it must pay the difference.

Traduction française en préparation — version anglaise (Steinsaltz) : If he said: This cow valued at five sela is in place of this cow, which belongs to the Temple treasury, or: This garment valued at five sela is instead of this garment, which belongs to the Temple treasury, his consecrated property is redeemed. Even if the second consecrated item is more valuable, it is not considered a consecration done in error. He will have to pay the difference. He adds one-fifth when redeeming the item that was the initial consecration, but when redeeming the item for which the initial consecration was redeemed, the second consecration, he does not add one-fifth.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: The measure of exploitation is four silver ma’a from the twenty-four silver ma’a of a sela. And the smallest monetary claim in court for which a plaintiff can obligate a respondent to take an oath is two silver ma’a. And the smallest monetary admission for which that respondent takes the oath is an admission that one owes at least the value of one peruta.

Traduction française en préparation — version anglaise (Steinsaltz) : On a related note, the tanna adds that there are five halakhic situations involving perutot: The admission to part of a claim must be that one owes at least the value of one peruta, and a woman is betrothed with the value of one peruta. And one who derives benefit of the value of one peruta from consecrated property has misused consecrated property and is liable to bring an offering, and one who finds an item that has the value of one peruta is obligated to proclaim that he found it. And with regard to one who robs from another an item that has the value of one peruta and took an oath to him that he robbed nothing, when he repents and seeks to return the stolen item he must take it and follow its owner even to Media. In that case, he may not return the item by means of a messenger; he must give it directly to its owner.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Gemara asks: We already learned this on another occasion in an earlier mishna (49b): The measure of exploitation for which one can claim that he was exploited is four silver ma’a from the twenty-four silver ma’a in a sela, which is one-sixth of the transaction. The Gemara answers: It was necessary for the tanna to mention two halakhot: The smallest monetary claim in court for which a plaintiff can obligate a respondent to take an oath is two silver ma’a, and the smallest monetary admission for which that respondent takes the oath is an admission that one owes at least the value of one peruta. Therefore, the tanna cited the halakha of exploitation as well.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: That too we already learned in a mishna (Shevuot 38b): The oath for admission to part of a claim imposed by the judges is in a case where the claim is two silver ma’a, and the admission is the value of one peruta. The Gemara answers: It was necessary for the tanna to teach the latter clause of the mishna, as it teaches: There are five halakhic situations involving perutot, which is not taught elsewhere.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: There are five halakhic situations involving perutot. The Gemara asks: And let the tanna also teach that the measure of exploitation is one peruta. Rav Kahana said: That is to say that there is no exploitation concerning perutot. Any disparity between value and price that is less than the value of the smallest silver coin, an issar, which is worth eight perutot, is not considered exploitation.

Traduction française en préparation — version anglaise (Steinsaltz) : And Levi says: There is exploitation even for perutot. And likewise, Levi taught in his version of the Mishna, which parallels the Mishna redacted by Rabbi Yehuda HaNasi, that there are five halakhic situations involving perutot: The measure of exploitation is one peruta, the admission is the value of one peruta, and the betrothal of a woman is with one peruta, and the halakha of one who takes an oath denying a robbery applies in the case where he denies having robbed another of at least one peruta, and the convening of judges to adjudicate a case of monetary law is in the case where the claim is at least one peruta.