Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : Likewise, the halakha that if the defendant is suspect with regard to taking a false oath the plaintiff takes the oath and collects the money is also a rabbinic ordinance, and we do not institute one rabbinic ordinance upon another rabbinic ordinance. Therefore no oath is administered.

Traduction française en préparation — version anglaise (Steinsaltz) : The reason cited for the lack of credibility of the oath of the shepherd is that he is guilty of robbery. The Gemara asks: But why not let Rabbi Zeira derive that he is disqualified from testifying or taking an oath because he is a shepherd; and Rav Yehuda says that an ordinary shepherd is disqualified from testifying? A shepherd is presumed to be a robber since shepherds allow the animals under their care to graze in the fields of other people.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this: This is not difficult. That case, where he is presumed a robber, is a case where he herds his own animals, and this case, where he is not presumed a robber, is a case where he herds animals that belong to others. As if you do not say so, if even one who herds the animals of others is presumably a robber, how do we give our animals to a shepherd? Isn’t it written: “Do not put a stumbling block before the blind” (Leviticus 19:14)? It is prohibited to cause others to commit a transgression. Rather, there is a presumption that a person sins only for his own benefit, and one would not commit robbery for the benefit of animals that are not his.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: This one takes an oath that he does not have ownership of less than half of it, and that one takes an oath that he does not have ownership of less than half of it, and they divide it. The Gemara asks: Does he take an oath with regard to the part that he has in his grasp, taking an oath that it is his, or does he take an oath with regard to the part that he does not have, i.e., that he does not have a claim to less than half of it? The latter wording of the oath is problematic, as he may mean that he does not have a claim to the garment at all. Rav Huna said: He must take an oath in which he says: I hereby take an oath that I have a claim to it, and I hereby take an oath that I do not have a claim to less than half of it.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But let him say: I hereby take an oath that all of it is mine, as that is his claim. Why does he take an oath that merely half of it belongs to him? The Gemara answers: And would we give him all of it if he took such an oath? Since he will not be awarded the entire garment, it would be inappropriate for the court to administer to him an oath that he owns all of it.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But let him say: I hereby take an oath that half of it is mine. Why is the complicated formulation suggested by Rav Huna necessary? The Gemara answers: If he takes an oath to that effect he compromises his initial statement, i.e., his claim that the entire garment is his.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara challenges: Now too, when he takes an oath according to Rav Huna’s formulation, he compromises his initial statement, as he takes an oath only with regard to his claim to half the garment. The Gemara answers: This is not so, as he makes the following statement to the court: All of it is mine; but according to your statement, I hereby take an oath that I have a claim to it and I do not have a claim to less than half of it.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara questions the requirement that the litigants take an oath at all: But since this one is standing with half the item in his grasp and that one is standing with half the item in his grasp, and each party ultimately receives what is in his grasp, why is this oath necessary? Rabbi Yoḥanan says: This oath is an ordinance instituted by the Sages so that everyone will not go and seize the garment of another and say: It is mine.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But let us say that since he is suspect with regard to financial dishonesty, i.e., stealing another’s property and lying in court that it belongs to him, he is also suspect with regard to taking an oath, and his oath cannot be accepted.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: In principle, we do not say that since one is suspect with regard to financial dishonesty he is suspect with regard to taking an oath. This is because even one who steals property is presumed to consider taking a false oath more severe. As if you do not say so, then with regard to that which the Merciful One states, that one who admits to part of the claim must take an oath, let us also say that his oath cannot be accepted, as since he is suspect with regard to financial dishonesty he is suspect with regard to taking an oath.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this proof: There, the debtor is presumably evading the creditor temporarily, in accordance with the explanation of Rabba that the debtor really intends to repay the entire debt, and the reason that he admits to owing only part of it is because he wants to buy time until he can afford to repay the entire debt.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara adds: Know that this distinction is correct, as Rav Idi bar Avin says that Rav Ḥisda says: One who denies a claim that he received a loan and is contradicted by witnesses is fit to bear witness in a different case. By contrast, if one denies receiving a deposit and witnesses testify that he is lying, he is disqualified from bearing witness in other cases. The reason for this distinction is that since money is borrowed to be spent, the assumption is that the debtor did so, and his denial is merely an attempt to buy time until he can repay the debt. A deposited item, by contrast, may not be used by the bailee, so if he denies having received the deposit he presumably stole it. Therefore, he is disqualified from bearing witness. This demonstrates the distinction between lying in court about a debt and lying about property.