Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is different about the case where the promissory note fell into the possession of a judge, such that the creditor cannot retrieve it to collect the debt? Rava said this is what the baraita is saying: But in the case of another individual, who is neither the debtor nor the creditor, who found a promissory note that had already fallen into the possession of a judge, it may never be removed from his possession until proof is provided. And what are the circumstances? What does it mean that the promissory note had fallen into the possession of a judge? It is a case where the court wrote in the promissory note a ratification certifying that it examined and ratified the note and it can be used to collect the debt.

Traduction française en préparation — version anglaise (Steinsaltz) : And the reason the baraita refers specifically to these circumstances is that it is not necessary to state that in a case where there is no ratification written in the promissory note that the creditor cannot use it to collect the debt; as it can be said that the debtor wrote the document because he intended to borrow the money, but he ultimately did not borrow it. Rather, the baraita states that even in a case where there is a ratification written in the promissory note, as it is now a ratified promissory note, the finder should not return it to the creditor, as we suspect that there was repayment, i.e., that the debtor may have repaid the debt, and he lost the promissory note.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara discusses the continuation of the baraita: And Rabbi Yosei says: The promissory note retains its presumptive status. The Gemara explains: And we do not suspect that there was repayment; had the debt been repaid the debtor would have immediately destroyed the promissory note. The Gemara asks: But does Rabbi Yosei not suspect that there was repayment?

Traduction française en préparation — version anglaise (Steinsaltz) : But isn’t it taught in a baraita: If one found a marriage contract in the marketplace, in a case when the husband admits that he has not yet paid the amount written in the contract to his wife, the finder must return the document to the wife. In a case when the husband does not admit this, but instead claims that he has already paid the amount written in the contract, the one who found it should not return it to this one, the husband, or to that one, the wife.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yosei says that there is a distinction between different situations: If the wife is still under the auspices of her husband, i.e., she is still married to him, the one who found the marriage contract must return it to the wife because presumably the husband did not pay her the amount specified in the marriage contract during their marriage. If the wife was widowed or divorced, he should not return it to this party, the husband or his heirs, or to that party, the wife, as perhaps she already received payment and the contract was later lost by her husband or his heirs. In this case, Rabbi Yosei suspects that there was payment.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: Reverse the order of the tanna’im in the baraita and teach it as follows: If the promissory note fell into the possession of a judge, it may never be removed; this is the statement of Rabbi Yosei. And the Rabbis say: It retains its presumptive status.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: If so, the contradiction between the statement of the Rabbis in this baraita and the statement of the Rabbis with regard to the case of the marriage contract is difficult. Whereas according to the emended version of the baraita the Rabbis do not take into account the possibility that the debt was repaid, in the case of the marriage contract the Rabbis take this possibility into account.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara resolves the problem: The baraita that discusses the marriage contract is entirely in accordance with the opinion of Rabbi Yosei; it contains no dispute. And the baraita is incomplete, and this is what it is teaching: In a case where the husband does not admit that he did not pay the marriage contract, the one who found it should not return it to this party or to that party. In what case is this statement said? It is said in a case where the woman was widowed or divorced. But if she is still under the auspices of her husband, the finder must return it to the wife. As Rabbi Yosei says: If she is still under the auspices of her husband, the finder must return it to the wife. If she was widowed or divorced, he should not return it to this party or to that party.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Pappa said: Actually, do not reverse the opinions in the baraita, but instead resolve the contradiction differently: Rabbi Yosei was telling the Rabbis what the halakha should be in the case of a marriage contract according to their statement, i.e., according to their opinion that one who finds a promissory note needs to take into account that the debt may have been repaid already.

Traduction française en préparation — version anglaise (Steinsaltz) : His statement should be understood as follows: In my opinion, even if she was widowed or divorced we do not suspect that there was payment. But according to your opinion, concede to me, in any event, that while she is still under the auspices of her husband the finder should return the document to the wife, as the marriage contract is not yet subject to payment. Since the husband is not yet liable to pay, it is unlikely that he paid.

Traduction française en préparation — version anglaise (Steinsaltz) : And the Rabbis said to him in response: Even if they are still married, say that he gave her bundles of money, and in exchange she gave him back the marriage contract. If the finder then returns the marriage contract to the wife, that would enable her to collect the sum twice.

Traduction française en préparation — version anglaise (Steinsaltz) : Ravina said: Actually, reverse the order of the tanna’im in the first baraita, which discusses one who finds a promissory note, and resolve the contradiction between the different statements of the Rabbis as follows: The reason for the opinion of the Rabbis here, that a marriage contract cannot be returned to the wife, is that we suspect that the husband wrote two marriage contracts; after the first marriage contract was lost, the husband had to write a second one in its stead. Returning to the wife the marriage contract that was found would enable her to collect twice. And Rabbi Yosei holds that it should be returned to the wife because he does not suspect that the husband wrote two marriage contracts; in his opinion, it is a rare occurrence.