Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : This works out well according to the one who says that a master cannot say to a slave: Work for me and I will not feed you, i.e., he is obligated to provide the slave with a livelihood. For the purposes of the case at hand, this means that the master cannot stipulate that he is relinquishing his slaves’ right to eat while performing labor, and therefore it works out well. But according to the one who says that a master can say to a slave: Work for me and I will not feed you, what can be said? He should be able to stipulate to that effect with regard to his minor slave, as he is entitled to all profits that result from the slaves’ labor.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, according to this opinion one must accept a different explanation: Both this mishna and that baraita are referring to a case when he does not provide the slaves with food, and the two tannaitic sources disagree with regard to that very issue. As one Sage, the tanna of the baraita, holds that a master can say to a slave: Work for me and I will not feed you, and one Sage, the tanna of the mishna, holds that he cannot do so. The Gemara is puzzled by this response: If so, Rabbi Yoḥanan, who says that a master can say to his slave that he will not feed him, has left aside the mishna and acted and ruled in accordance with the baraita.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, the Gemara retracts the previous explanation in favor of another: Everyone agrees that a laborer eats from the property of Heaven, and even if a father or master provides his child or slave with food he cannot stipulate that the child or slave should not eat when performing labor, as the father or master has no rights over that which they consume. And what is the meaning of: Stipulates, that Rabbi Hoshaya says in the baraita? That does not mean, as in the mishna, that the master relinquishes the slaves’ right to food; rather, he stipulates that they should eat food before they work, so that they will be too full to eat at a later stage.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises a difficulty: If so, in the corresponding situation, with regard to his animal, there should likewise be no discussion at all because he can stipulate in this manner and distribute straw for it before it starts work, as everyone agrees that this is permitted. Rather, the Gemara retracts this interpretation and says that in fact they disagree with regard to this: That one Sage, the tanna of the mishna, holds that a laborer eats from his own property, and one Sage, the tanna of the baraita, holds that a laborer eats from the property of Heaven. This proves that this issue is in fact a dispute between tanna’im.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: A man can stipulate on his own behalf that he receive a certain increase in his wages instead of eating the produce with which he works, and similarly, he can stipulate this on behalf of his adult son or daughter, on behalf of his adult Canaanite slave or Canaanite maidservant, or on behalf of his wife, with their agreement, because they have the basic level of mental competence, i.e., they are legally competent and can therefore waive their rights. But he cannot stipulate this on behalf of his minor son or daughter, nor on behalf of his minor Canaanite slave or Canaanite maidservant, nor on behalf of his animal, as they do not have the basic level of mental competence.

Traduction française en préparation — version anglaise (Steinsaltz) : In the case of one who hires a laborer to perform labor with his fourth-year fruit, such laborers may not eat the fruit. And if he did not inform them beforehand that they were working with fourth-year fruit, he must redeem the fruit and feed them. If his fig cakes broke apart and crumbled, so that they must be preserved again, or if his barrels of wine opened and he hired workers to reseal them, these laborers may not eat, as the work of the figs or wine had already been completed with regard to tithes, from which point a laborer may not eat them. And if he did not inform them, he must tithe the food and feed them.

Traduction française en préparation — version anglaise (Steinsaltz) : The mishna adds: Watchmen of produce may eat the produce of the field or vineyard by local regulations, i.e., in accordance with the ordinances accepted by the residents of that place, but not by Torah law.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The mishna mentions watchmen of produce. Rav says: They taught this halakha only with regard to watchmen of gardens and orchards, in which the produce is still attached to the ground, and therefore the watchman would have no legal right to it were it not for the local custom. But watchmen of winepresses and piles of detached produce may eat from them by Torah law, as the decisive factor is whether or not the produce is attached to the ground. Evidently, Rav maintains that one who safeguards is considered like one who performs labor, and therefore he has the status of a laborer.

Traduction française en préparation — version anglaise (Steinsaltz) : And conversely, Shmuel says that the Sages taught the halakha of the mishna, that they may eat by local regulations, only with regard to watchmen of winepresses and piles of detached produce. But watchmen of gardens and orchards may not eat, neither by Torah law nor by local regulations. This shows that Shmuel holds that one who safeguards is not considered like one who performs labor, and therefore no watchman is entitled to eat by Torah law. In the particular case of detached produce, there is a local custom to allow a watchman of detached produce to eat from it.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Aḥa bar Rav Huna raises an objection to this reasoning from a baraita: One who safeguards the red heifer after it has been burned renders his garments impure, in accordance with halakha concerning all those who take part in the ritual of the red heifer. The Torah decrees that all those who take part in the ritual of the red heifer contract impurity (Numbers, chapter 19). It is therefore necessary to establish which people are considered to have taken part in this ritual. And if you say that one who safeguards is not considered like one who performs labor, why does he render his garments impure? He has not performed any labor. Rabba bar Ulla said: He does not render them impure due to his work as a watchman; rather, this is a rabbinic decree, lest he move a limb of the heifer.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Kahana raises an objection: With regard to one who safeguards four or five cucumber fields, which contain various types of cucumbers and gourds belonging to different people, this one may not fill his stomach from any single one of them. Rather, he must eat from each and every one by a proportionate amount. But if you say that one who safeguards is not considered like one who performs labor, why is he allowed to eat at all?

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Shimi bar Ashi said: They taught this halakha with regard to uprooted cucumbers, concerning which even Shmuel agrees that a watchman may eat them by local regulations. The Gemara raises a difficulty: Uprooted? But at that stage hasn’t their work already been completed with regard to tithes, and therefore no laborer should be permitted to eat them? The Gemara answers: This is referring to a case when their blossom had not yet been removed. Since the cucumbers still require work, they are not yet subject to tithes.