Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : If you wish, say instead that the mishna is referring to a case where the borrower said to the lender: If I do not repay you within three years, you will acquire the field from now, and they performed a formal act of acquisition. Since an act of acquisition was performed at the time, this is a proper sale and not an asmakhta.

Traduction française en préparation — version anglaise (Steinsaltz) : Mar Yanuka and Mar Kashisha, the younger and elder sons of Rav Ḥisda, said to Rav Ashi: This is what the Sages of Neharde’a say in the name of Rav Naḥman: With regard to this asmakhta described in the mishna, it effects acquisition at its proper time, but it does not effect acquisition not at its proper time.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi understood them to be saying that the lender acquires the field only when the loan is due, and he said to them: This statement seems to teach no novel ruling, as the same is true of every matter: It effects acquisition at its proper time, but it does not effect acquisition not at its proper time.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi suggests: Perhaps you meant to say this: If the borrower encountered the lender within its time, i.e., before the payment of the loan was due, and told him to acquire the field, the lender acquires the field, as it is assumed that the borrower was sincere. But if the borrower encountered the lender after its time, i.e., when the payment of the loan was due, and told the lender to acquire the field, he does not acquire it. What is the reason for this? The borrower says this to the lender out of shame with regard to his failure to pay the debt, but he did not really intend for him to acquire the field.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: But this is not so, as the halakha is that the lender does not acquire the field even if the borrower stated this within its time. And as for the fact that the borrower told him to acquire it, he told him this only because he thinks: This will ensure that when the time for payment arrives, he will not come and disturb me. In other words, he is trying to buy time until he can repay the loan, but he was not sincere in his statement that the lender may acquire the field.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Pappa says: With regard to this asmakhta, sometimes it effects acquisition and sometimes it does not effect acquisition. How so? If the lender encountered the borrower while the borrower was drinking beer, it effects acquisition, as, if the borrower agreed to transfer ownership of his field when he did not appear to be in financial stress, such as when he was enjoying a drink, he assumedly did so with full acceptance of the consequences, and therefore the transaction is valid. By contrast, if the lender encountered the borrower when he was searching for money with which to repay the loan, his agreement does not effect acquisition, as it is clear the borrower made the statement under duress.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Aḥa of Difti said to Ravina: In the case where the lender encountered the borrower while he was drinking beer, perhaps he was drinking to neutralize his fear, and he really was under financial pressure. Or, perhaps someone else promised him money, and therefore he remains in a precarious position even though he can repay the debt, which would again mean that his promise is merely an asmakhta. Rather, Ravina said that there is a different distinction: If the borrower is particular about the money, i.e., if he is unwilling to sell his property at less than its market value, the lender has certainly acquired the field, as the borrower is clearly not in such a precarious financial position, and he is therefore assumed to have willingly stated his agreement to give the field to the lender.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Aḥa of Difti said to Ravina: Even in that case, perhaps the borrower thinks that he ought to present himself as particular about the price of his property in order that the price of his other lands not be lowered. If people know that he is in need of money they will pressure to him to lower the price, and therefore he acts as though he is particular about the price, but in reality he did not wish to sell the property at all. Rather, Rav Pappa said that there is a different distinction: If he is particular about any other land he owns and does not want to sell it even at its market rate, he is clearly not suffering from financial problems, and in that case the creditor certainly acquires the field.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rav Pappa said: Even though the Sages said that an asmakhta does not effect acquisition, and therefore even if he stipulated that the lender can collect the debt by seizing land, the lender does not acquire that land, nevertheless, the land is considered to be set aside as designated repayment [apoteiki] for the lender to collect repayment from it up to the amount of money owed.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Huna, son of Rav Natan, said to Rav Pappa: Did the borrower say to the lender: Acquire it for the sake of debt collection? Since the borrower did not specify that transferring ownership of the field was in place of the payment of the debt, his statement is considered an asmakhta, and the field is not set aside as designated repayment. Mar Zutra, son of Rav Mari, said to Ravina: And if he had said to him: Acquire it for the sake of debt collection, would the lender then acquire it? Ultimately, it is an asmakhta, and the halakha is that an asmakhta does not effect acquisition.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara poses a question: But in that case, what is the designated repayment spoken of by Rav Pappa? According to Mar Zutra’s analysis, it makes no difference whether or not he said it was set aside as designated repayment of the loan. The Gemara explains: Rav Pappa is referring to a case, for example, where the borrower said to the lender: Not only will I give you the land if I fail to repay the loan, but even if I do pay you will receive payment only from this land alone, as I will pay off my debt to you by giving you land from this field. In that case the asmakhta is negated, while the promise of repayment from the land remains intact.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara relates: There was a certain man who sold land to another with a property guarantee, meaning that in the event that land is seized by the seller’s creditors, the seller will reimburse the buyer his purchase money. The buyer said to him: If your creditors seize the land from me, will you allow me to collect that which is owed to me from the most superior quality of the superior-quality land that you have? The seller said to him: I will not allow you to collect from the most superior quality of my superior-quality land, as I want to keep those before me. But I will allow you to collect from other superior-quality land I have. Ultimately, creditors seized the field from the buyer, and in the meantime a flood came and flooded the seller’s most superior quality of his superior-quality land.