Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : but a worker who was walking is considered like one who was performing his labor. Yet, since one who was performing labor on this vine may not eat from another vine, he would not be entitled to eat while walking if not for the ordinance of the Sages.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: And with regard to a donkey, it is permitted to eat when it is being unloaded. The Gemara is puzzled by this statement: From where can it eat when it is being unloaded? Since the load is being removed from the animal at the time, how can the donkey eat from it? Rather, you should say: It may eat until it is unloaded. As long as it is bearing its load the donkey may eat from the food on its back. The Gemara comments: We learn in the mishna that which the Sages taught explicitly in a baraita: A donkey and a camel may eat from the load on their backs, provided that the owner of the animal does not take some of the food in his hand and feed them.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: A laborer may eat cucumbers while he works, and this is the halakha even if the amount he eats is equal in value to a dinar; or he may eat dates, and this is the halakha even if the amount he eats is equal in value to a dinar. Rabbi Elazar Ḥisma says: A laborer may not eat more than the value of his wages, but the Rabbis permit it, according to the strict letter of the law. But one teaches a person not to be a glutton and thereby close the opening to other job offers in his face. When people hear of his greed they will be reluctant to hire him.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Gemara asks: The statement of the Rabbis is identical to the statement of the first tanna. A mishna would not repeat the exact same opinion. The Gemara explains: The practical difference between them concerns the statement: But one teaches a person not to be a glutton. According to the first tanna, he does not accept the notion that one teaches a person not to be a glutton. According to the Rabbis, they do accept this principle that one teaches a person not to be a glutton.

Traduction française en préparation — version anglaise (Steinsaltz) : If you wish, say instead that the practical difference between them concerns a halakha taught by Rav Asi. As Rav Asi says: Even if he hired him to harvest only one cluster, the laborer may eat. And Rav Asi further said: Even if he harvested only one cluster, he may eat it.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: And it was necessary for Rav Asi to state both of these halakhot, despite their apparent similarity. As, had he taught us only this first one, one might have thought that he may eat because there is no other food to place in the homeowner’s vessels, as he was hired to harvest only a single cluster. The Torah permits him to eat, and if he is not allowed to eat that cluster, what else is there for him to eat? But if there is produce left over to place in the homeowner’s vessels, as in the second case, one might say that he should first place some in the vessels and then eat.

Traduction française en préparation — version anglaise (Steinsaltz) : And had Rav Asi taught us only this second case, one might have said that the reason he may eat is that ultimately it is possible to fulfill the requirement to place produce in the owner’s vessels, i.e., he can eat and still perform the task. But in a situation where ultimately it is not possible to fulfill his task, since if he were to eat the only cluster he was hired to harvest there would be nothing left for him to do, one might say that he may not eat. Therefore, both halakhot are necessary.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara returns to the dispute of the mishna: If you wish, say that the practical difference between the opinions of the first tanna and the Rabbis concerns a halakha taught by Rav. As Rav says: I found a concealed scroll, a document that lists halakhot in shortened form so that they will not be forgotten. Rav discovered this document in Rabbi Ḥiyya’s house, and it was written in it: Isi ben Yehuda says that with regard to the verse: “When you come into your neighbor’s vineyard then you may eat grapes until you have enough at your own pleasure” (Deuteronomy 23:25), the verse is speaking of the entry of any person who passes alongside a vineyard, not only a laborer.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rav said in response: Isi has not left any livelihood for any entity, as many people might pass by and consume all the fruit of one’s vineyard. The first tanna agrees with Rav, while the Rabbis accept Isi ben Yehuda’s opinion that by right even one who is not a laborer may eat.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi said: I stated this halakha before Rav Kahana, and I suggested that perhaps Isi ben Yehuda was referring to laborers who perform labor for their meal; that is, they voluntarily enter his vineyard to perform labor and eat. In other words, Isi ben Yehuda did not mean that anyone may help themselves to produce. Rather, if one chooses to perform labor in the vineyard of another, he may eat from his grapes even if he was not hired by the owner. Rav Kahana said to me: Even so, a person prefers to hire laborers to pluck the fruit of his orchard, rather than have everyone come and eat it, as he fears that people he did not hire might not perform the work properly.

Traduction française en préparation — version anglaise (Steinsaltz) : § A dilemma was raised before the Sages: In the case of a laborer who eats while performing labor, does he eat from his own property, i.e., is the food he eats in addition to his wages and therefore considered his private property, or does he eat from the property of Heaven? In other words, perhaps the Torah granted him the right to eat the food with which he works as a special privilege, but it does not belong to him.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is the practical difference raised by this dilemma? The Gemara answers: The difference is in a case where he says: I myself will not eat, but I will give the produce to my wife and children in my stead. If you say that he eats from his own property, we give them the food, as it belongs to him, but if you say that he eats from the property of Heaven, the Merciful One entitles the laborer himself to eat, but the Merciful One does not entitle his wife and children to do so. What, then, is the halakha?