Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : In the case of a debtor who admits that he wrote a promissory note, the creditor is not required to ratify it in court in order to collect the debt, and he can therefore use the document to collect the debt even from liened property that has been sold. In the present case as well, the seller admits that he received the money; therefore the document of sale should enable the buyer to collect his money from liened property.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said to him: Are these cases comparable? There, the matter detailed in the document may be written, as it is a substantive matter; the document attests to true events and it is therefore possible to use the promissory note to collect the debt. But here, the matter detailed in the document may not be written, as the entire sale was not genuine since it was done against the will of the seller. Consequently, this document is completely invalid and cannot be used to collect from liened property.

Traduction française en préparation — version anglaise (Steinsaltz) : Mareimar sat and stated this halakha. Ravina said to Mareimar: But if Rava’s answer is accepted, then with regard to that which Rabbi Yoḥanan said concerning an antedated loan document, that there is a rabbinic decree invalidating the document lest he collect from the first date, let us say that there is a better rationale, as Rava stated: The antedated document is invalid, as it may not be written. Mareimar said to him: How can these cases be compared? There, in the case of the antedated document, granted, it may not be written from the first date, but it may be written from the second date. Here, it may not be written at all.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara further asks: But how does one understand that which is taught in a baraita: What is the case in which one appropriates property for the enhancement of land? It is a case where one robbed another of a field and sold it to another and that buyer enhanced it, and it is appropriated by the court from his possession. When the buyer collects payment from the robber, he collects the principal, i.e., the money he paid for the field itself, even from liened property that the robber had sold in the interim, and he collects the value of the enhancement from the robber’s unsold property. Let us say there also that this illegal sale of the field was a transaction that may not be written, and therefore he should not be allowed to collect even the principal from liened property.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara refutes this suggestion: How can these cases be compared? There, in the case of the field purchased from a robber, the deed of sale is meaningful either according to the one who says that it is preferable for the robber not to be called a robber by the buyer, or according to the one who says that it is preferable for the robber to maintain his reliability, i.e., to be considered an honest person; and therefore, the robber will appease the owner of the field by paying him for it and will attempt to ratify his document so that it is valid. But here, where the one who sold the field under duress intends to remove the buyer from it, will he then ratify his document?

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: One may not set a price with a buyer for the future delivery of produce until the market rate is publicized, as, if he is paid for supplying produce at a later date in advance of the publication of the market rate for that type of produce, he may set a price that is too low. The money paid in advance is deemed a loan, and if the initial payment was lower than the later market value, delivery of the produce will constitute interest on the loan. Once the market rate is publicized, the seller may set a price, even if the produce is not yet in his possession. The reason for this is that even though this one, i.e., the seller, does not have any of the produce, that one, someone else, has it, and the seller could theoretically acquire the produce now at the price he set.

Traduction française en préparation — version anglaise (Steinsaltz) : If the seller was first among the reapers, having harvested his crop before the market rate was set, he may set a price with a buyer as he wishes for a stack of grain that is already in his possession, or for a large basket of grapes prepared for pressing into wine, or for a vat [hama’atan] of olives prepared for pressing into oil, or for the clumps [habeitzim] of clay prepared for use by a potter, or for plaster nearing the end of the manufacturing process at the point after he has sunk it, i.e., baked it, in the kiln. Although the market rate has yet to be set, the seller may nevertheless set a price now for their eventual delivery.

Traduction française en préparation — version anglaise (Steinsaltz) : The mishna continues: And he may set a price with a buyer for manure on any of the days of the year, as the manure will certainly be available and it is therefore viewed as if it is ready. Rabbi Yosei says: One may set the price of manure only if he already had a pile of manure in his dunghill to which the sale can immediately be applied, but the Rabbis permit it in all cases.

Traduction française en préparation — version anglaise (Steinsaltz) : And one may also set a price with a buyer at the highest rate, i.e., a large amount of produce sold for the lowest price, stipulating with the seller that the sale price match the lowest market rate for this product during the course of the year. Rabbi Yehuda says: Even if he did not set a price with him beforehand at the highest rate, the buyer may say to the seller: Give me the produce at this rate or give me back my money. Since he did not formally acquire the produce, if the price changed he may withdraw from the transaction.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: Rabbi Asi says that Rabbi Yoḥanan says: One may not set a price for the future delivery of produce at the current market rate because the market is not sufficiently stable. Rabbi Zeira said to Rabbi Asi: Does Rabbi Yoḥanan state this ruling even with regard to the rate of this large central market [dormus]? Rabbi Asi said to him: Rabbi Yoḥanan stated this ruling only with regard to the small-town markets, since their rates are not fixed, as smaller markets have greater sensitivity to fluctuations in price.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And according to what we thought initially, that Rabbi Yoḥanan stated this ruling even with regard to this large central market, but then there is a difficulty with the mishna, which teaches: One may not set a price with a buyer for the future delivery of produce until the market rate is publicized. By inference, once the market rate is publicized, one may set a price. If Rabbi Yoḥanan’s ruling applies even to large central markets, how can you find these circumstances? The Gemara answers: The mishna may be speaking about wheat that comes from large warehouses and from ships, as their rate lasts longer, since this merchandise comes to market in very large quantities.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Sages taught: One may not set a price with a buyer for the future delivery of produce until the market rate is publicized. Once the market rate is publicized, the seller may set a price, even if the produce is not yet in his possession. The reason for this is that even though this one, the seller, does not have any of the produce, that one, someone else, has it, and the seller could theoretically acquire the produce now at the price he set. If the new grain was selling at the rate of four se’a for a sela and the old grain was selling at three, one may not set the price according to the price of the new grain until the market rate is publicized both for the new and for the old grain. By the time payment is made, the new grain will not be entirely new and its price will be the same as that of the old grain.