Traité Kiddushin

Traduction française en préparation — version anglaise (Steinsaltz) : an extra finger, i.e., six fingers on his hand, and the master severed it, the slave is emancipated by means of this injury. Rav Huna says: And this halakha applies when the finger can be counted along the back of the hand, i.e., the extra finger is on the same line as the others. If it protrudes from another spot, then it is not classified as a finger but a mere growth, and destroying it is not considered the removal of a limb.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara relates: The Elders of the city of Nezonya did not come to Rav Ḥisda’s lecture. Rav Ḥisda said to Rav Hamnuna: Go and ostracize them [tzaninhu] because they act disrespectfully toward the Sages. Rav Hamnuna went and said to the Elders of Nezonya: What is the reason that the rabbis did not come to the lecture? They said to him: Why should we come, as we asked him about a matter and he did not resolve it for us. We have nothing to learn from him. Rav Hamnuna said to them: Have you asked me anything that I did not resolve for you? Ask me your question.

Traduction française en préparation — version anglaise (Steinsaltz) : They raised the following dilemma before him: With regard to a slave whose master castrates his testicles, what is the halakha? Is that considered an exposed blemish that is sufficient to emancipate him or not? An answer to their dilemma was not available to Rav Hamnuna. They said to him: What is your name? He said to them: Hamnuna. They said to him in jest: You should not be called Hamnuna, a good hot fish; rather, your name should be Karnuna, a cold fish that is no longer tasty.

Traduction française en préparation — version anglaise (Steinsaltz) : After this encounter Rav Hamnuna came before Rav Ḥisda and told him what had happened. Rav Ḥisda said to him: They raised before you a dilemma that can be resolved from a baraita, which was cited in connection to a mishna, and you did not know how to answer them. As we learned in a mishna (Nega’im 6:7): There are twenty-four extremities in a person, none of which can become ritually impure due to unaffected skin. The Torah states that if a leprous spot contains some healthy flesh, the person is immediately rendered impure (Leviticus 13:14). The halakha of unaffected skin does not apply to the extremities because the priest must be able to see the entirety of the untainted area at once. Due to the shape of the twenty-four extremities, it is impossible to see the entirety of the area from a single vantage point. Consequently, the halakha of unaffected skin does not apply to them.

Traduction française en préparation — version anglaise (Steinsaltz) : And these are the twenty-four extremities: The extremities of the fingers and toes, twenty in total, and the extremities of the ears, and the extremity of the nose, and the extremity of the penis, and the extremities of the nipples of a woman. Rabbi Yehuda says: Even the nipples of a man are included. And it is taught in that regard in a baraita: A slave is emancipated for injuries to all of them. The body parts listed with regard to leprosy are the same ones that, when injured, lead to the emancipation of a slave. Rabbi Yehuda HaNasi says: Also, the castration of a slave by his master entails his freedom. Ben Azzai says: The tongue is also considered an exposed body part, as it is exposed when one speaks. Consequently, if the master severs his slave’s tongue, the slave goes free.

Traduction française en préparation — version anglaise (Steinsaltz) : The Master said above that Rabbi Yehuda HaNasi says: Also castration. The Gemara asks: Castration of what? If we say that it is referring to castration of the penis, i.e., that the master severed the slave’s penis, this is the same as the mishna that already mentioned a penis. What, then, does Rabbi Yehuda HaNasi add? Rather, is it not correct to say that Rabbi Yehuda HaNasi is referring to castration of the testicles? If so, this baraita resolves the dilemma raised by the Elders of Nezonya.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara further analyzes the baraita. Rabbi Yehuda HaNasi says: Also castration, but he does not include the tongue, unlike ben Azzai. The Gemara inquires: And according to Rabbi Yehuda HaNasi, is the tongue not considered exposed? And the Gemara raises a contradiction from the following: In a case where one was sprinkling the purification water of the red heifer on another person in order to purify him from ritual impurity imparted by a corpse, and a sprinkling of water landed on his mouth, Rabbi Yehuda HaNasi says: He has sprinkled, i.e., this is a valid form of sprinkling and the impure person is purified. And the Rabbis say: He has not sprinkled, i.e., this is an invalid form of sprinkling because water of purification must be sprinkled on exposed limbs.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara clarifies the difficulty from this baraita: What, is it not the case that this is referring to a situation where water was sprinkled on his tongue, which would indicate that Rabbi Yehuda HaNasi maintains that the tongue is an exposed limb? The Gemara rejects this suggestion: No, this is referring to one who had water sprinkled on his lips. The Gemara asks: If it was sprinkled on his lips, isn’t it obvious that he is ritually pure, as the lips are exposed? The Gemara answers: It is necessary to state this, lest you say that at times, he closes his lips tightly, and consequently they should be considered an unexposed part of the body. Therefore, the baraita teaches us that according to Rabbi Yehuda HaNasi one’s lips are considered exposed.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara further asks: But isn’t it taught explicitly in a baraita that if one had water sprinkled on his tongue he is ritually pure according to Rabbi Yehuda HaNasi? And it is further taught in a baraita dealing with the blemishes of priests and offerings that if most of his tongue was removed, this is a blemish; and Rabbi Yehuda HaNasi says: This is referring to a case where the part removed was most of the part of his tongue that he uses for speaking and pronouncing words, which is the tip of the tongue, not most of its length. This indicates that Rabbi Yehuda HaNasi maintains that if the tongue is removed, that is considered a blemish.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, the baraita should be explained as follows. Rabbi Yehuda HaNasi says: Castration is included, and it is not necessary to say that if the slave’s tongue is removed he is emancipated, as the tongue is exposed. Ben Azzai says: The loss of his tongue emancipates him, but castration does not. And what is the meaning of the term: Also, in the baraita, which indicates that ben Azzai is adding to Rabbi Yehuda HaNasi’s statement? He is adding to the first statement of the first tanna, not to the immediately preceding ruling of Rabbi Yehuda HaNasi. The Gemara asks: If so, the statement of ben Azzai should be first, as he adds one item, i.e., the tongue, to the ruling of the first tanna, while Rabbi Yehuda HaNasi further adds the case of castration to ben Azzai’s opinion.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: The baraita should have been formulated in this manner, but the tanna first heard the opinion of Rabbi Yehuda HaNasi and set it in his version of the baraita, and afterward he heard the opinion of ben Azzai and taught it at the end. And although it would be appropriate to change the order of the statements, he did not do so because a mishna does not move from its place. Once it has been taught in a certain manner, the tanna will not change the text of a mishna, in order to avoid confusion.

Traduction française en préparation — version anglaise (Steinsaltz) : Ulla says: All concede with regard to a tongue that in the matter of ritual impurity it is considered exposed with respect to a dead creeping animal and other items that impart impurity. In other words, if an individual comes into contact with a source of ritual impurity with his tongue, he is rendered impure. What is the reason for this? The Merciful One states: “Whom he touches” (Leviticus 15:11), and this tongue can also touch. It is possible for one to touch objects with his tongue.