Traité Bava Metzia

Traduction française en préparation — version anglaise (Steinsaltz) : that is explicitly written in the Torah he teaches, and those matters that are derived through interpretation he does not teach. Consequently, no proof can be brought from the mishna.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara suggests: Come and hear a proof from a baraita: If one borrowed an animal and borrowed the services of its owner with it, or rented it and hired its owner with it, or borrowed it and hired its owner with it, or rented it and borrowed the services of its owner with it; in all of these cases, although the owner performed the work for him in another place, i.e., not near the animal, and it dies, the borrower or renter is exempt.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara notes: The scholars in the study hall assumed that this baraita is in accordance with whose opinion? It is in accordance with the opinion of Rabbi Yehuda, who says that one who rents an item is responsible for it like a paid bailee. According to his understanding, the baraita teaches that the exemption from liability applies to both a borrower and a paid bailee. Consequently, the baraita can serve as a proof: Doesn’t this tanna teach even a matter that is derived through interpretation, i.e., the fact that exemption from liability applies to a paid bailee, while he still does not teach that it applies to an unpaid bailee? It would appear that this is a proof that exemption from liability does not apply to an unpaid bailee, since it does not apply to a mishap that is the result of the bailee’s negligence.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara refutes this proof, as one could counter: In accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Meir, who says that the liability of one who rents an item is like that of an unpaid bailee. And, according to his understanding, the baraita teaches that the exemption from liability applies to an unpaid bailee, and it is understood that the same is true for a paid bailee. Understood like this, the baraita explicitly applies the exemption from liability to a case of negligence. Since, ultimately, it is unclear according to whose opinion the baraita is taught, no proof can be drawn from it.

Traduction française en préparation — version anglaise (Steinsaltz) : If you wish, say that the baraita can be understood as referring to an unpaid bailee, even if it is assumed to be in accordance with the opinion of Rabbi Yehuda. As Rabba bar Avuh reversed their opinions and taught: How does one who rents an item pay in the case of a mishap? Rabbi Meir says: Like a paid bailee. Rabbi Yehuda says: Like an unpaid bailee.

Traduction française en préparation — version anglaise (Steinsaltz) : § Rav Hamnuna says that the exemption from liability when one borrows an item together with the services of its owner exists only in very specific circumstances: A borrower is always liable, unless the item entrusted to him is a cow and its owner plows with it in the service of the borrower, or it is a donkey and its owner drives it by walking behind it in the service of the borrower, i.e., the owner and his animal are engaged in the same work. And even so, the borrower will not be exempt unless the owner is working for him from the time of the borrowing of the animal until the time when it is injured or dies. The Gemara notes: Evidently, Rav Hamnuna holds that the phrase: “Its owner is with him” (Exodus 22:14), teaches that the exemption from liability applies only when the owner is working for the borrower for the entire matter.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava raises an objection from the baraita cited previously: If one borrowed an animal and borrowed the services of its owner with it, or rented it and hired its owner with it, or rented it and borrowed the services of its owner with it, or borrowed it and hired its owner with it; in all these cases, although the owner performed the work for him in another place, i.e., not near the animal, and it died, the borrower or renter is exempt. Rava explains how the baraita poses a challenge: What, is it not referring to a case where the owner was engaged with different work than his animal? The baraita proves that the exemption from liability applies even in such a case.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this: No, the baraita is referring to a case where the owner was engaged with the same work as the animal. The Gemara asks: But, if so, what does the baraita mean by saying: He performed the work in another place? The Gemara explains: For example, it is a case where the owner loosens the hard soil with a hoe while walking ahead of the animal. He is engaged in the same work, but not in the same place.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises a difficulty: But from the fact that the latter clause of the baraita is referring to a case where the owner was working alongside it, it may be inferred that the first clause, i.e., the passage of the baraita cited above, is referring to a case where the owner was engaged with different work. As the latter clause teaches: If he borrowed it and afterward borrowed the services of its owner, or rented it and afterward hired its owner with it, in both these cases, although the owner was plowing alongside it and at that time it died, the borrower or renter is liable.

Traduction française en préparation — version anglaise (Steinsaltz) : In resolution of this difficulty, the Sages say: Both the first clause and the latter clause pertain to a case where the owner was engaged with the same work as the animal. And the difference in formulation of the two clauses is because the first clause teaches us a novelty and the latter clause teaches us a novelty. The first clause teaches us the novelty that although the owner was not actually working alongside his animal but was merely engaged with the same work, since the owner was working for the borrower at the time of the borrowing, the borrower is exempt. The latter clause teaches us the novelty that although the owner was actually working alongside his animal, since the owner was not working for the borrower at the time of the borrowing, the borrower is liable.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara is puzzled: What is this? Granted, if you say that the first clause is referring to a case where the owner is engaged in different work than his animal, and the latter clause is referring to a case where he is engaged in the same work as his animal, then this is the novelty of mentioning what type of work he did: It teaches that it is irrelevant whether the owner did or did not work together with his animal. Rather, the liability of the borrower depends on whether or not the owner was working for the borrower when he entrusted the borrower with his animal.

Traduction française en préparation — version anglaise (Steinsaltz) : But if you say that the first clause and the latter clause both pertain to a case where the owner is engaged in the same work as his animal, what is the novelty of mentioning what type of work he did? Both this clause and that clause concern similar cases, in which the owner is engaged in the same work as his animal. It is therefore apparent that the clauses concern different cases. The first clause teaches that the borrower is exempt even in a case where the owner was engaged in different work than his animal. The first part of Rav Hamnuna’s ruling, that the owner needs to be engaged in the same work as his animal, is thereby refuted.