Traité Kiddushin

Traduction française en préparation — version anglaise (Steinsaltz) : so too, an item worth money must be set, i.e., it must have a clearly defined value.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Yosef said: From where do I say this opinion? As it is taught in a baraita with regard to redeeming a Hebrew slave: “He shall give back the price of his redemption out of the money that he was bought for” (Leviticus 25:51), which indicates: He is acquired specifically through money and he is not acquired through grain or vessels.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Yosef explains: What are the circumstances of these grains and vessels? If we say that a Hebrew slave cannot be acquired through them at all, as money alone may be used, the Merciful One states: “He shall give back the price of his redemption,” which serves to include all modes of repayment as valid equivalents of money, i.e., an item worth money is the same as money. There is no requirement to use money in particular; it is also possible to use items with monetary value.

Traduction française en préparation — version anglaise (Steinsaltz) : And if you say that they do not have the value of one peruta, why mention specifically grain and vessels? Even money that is not worth one peruta cannot be used for acquiring a slave. Rather, is it not speaking here about a case where the grain and vessels do have the value of one peruta, but since they lack a set value, no, a Hebrew slave cannot be redeemed with them? The comparison with money teaches that a Hebrew slave can be redeemed only with an item that has a clearly defined value, like money.

Traduction française en préparation — version anglaise (Steinsaltz) : And the other Sage, Rabba, who maintains that appraisal is not necessary, would respond: The tanna is referring to an item worth one peruta, but he is not teaching that one cannot redeem a slave with items whose value is not set. Rather, this is what he is saying: A Hebrew slave is acquired through the mode of money, and he is not acquired through the mode of grain or vessels. And what is this mode particular to the acquisition of grain and vessels? This is referring to symbolic exchange. A slave cannot be acquired through the mode of acquisition of symbolic exchange.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara notes: This explanation is valid only according to those who say that grain can be acquired through the mode of exchange; but according to the opinion of Rav Naḥman, who said that produce cannot effect symbolic exchange, as this mode of acquisition applies only to vessels, what can be said? Why does the tanna mention grain if grain cannot be used in symbolic exchange? Rather, the Gemara rejects this explanation in favor of the following: Actually, this is referring to a case where the grain and utensils do not have the value of one peruta. And as for that which you said: Why mention specifically grain and vessels; even money that is not worth one peruta cannot acquire either, one could say that the tanna is speaking utilizing the style of: It is not necessary.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara elaborates: It is not necessary to state with regard to money that if it has the value of one peruta, yes, one effects acquisition with it, and if not, then no, one cannot effect acquisition with it. But with regard to grain and vessels, one might say that as their benefit is readily available, i.e., one can enjoy them immediately in their current state, perhaps the slave decides and transfers ownership of himself to the master by even less than the worth of one peruta. Therefore, the tanna teaches us that an article less than the value of one peruta cannot effect acquisition notwithstanding the above reasoning.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Yosef said: From where do I say that betrothal can be effected only with an item with a clearly defined value? As it is taught in a baraita (Tosefta, Bekhorot 6:4), that if one says to a priest: This calf should be for the redemption of my firstborn son, or: This cloak should be for the redemption of my firstborn son, then he has said nothing. But if he said: This calf worth the value of five sela should be for the redemption of my firstborn son, or: This cloak worth the value of five sela should be for the redemption of my firstborn son, then his son is redeemed.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara clarifies: What are the circumstances with regard to this redemption with a calf or a cloak that has no clearly defined value? If we say that they are not worth five sela, is it in his power to give a priest less than the established amount? Why would it even be considered that perhaps the son is redeemed? Rather, is it not referring to a case where even though they are worth this amount, one may not redeem with them in the case of the first clause since their value is not set? This shows that there is a difference between an item that has a set value and one that does not.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this suggestion: No; actually, this is referring to a case where the calf or cloak is not worth five sela, and the latter clause is referring to a case where the priest accepted upon himself to value the items as though they were worth this amount, which is why the son is redeemed. This is like this incident in which Rav Kahana, who was a priest, took a cloth [sudara] from the house of a man obligated to perform the redemption of his firstborn son. Rav Kahana said to the man: For me, I view this cloth as though it were worth five sela.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi said: We said that it is possible to redeem one’s son in this manner only when the priest is an individual such as Rav Kahana, who is a great man and is required to wear a cloth on his head. It was common practice for important people to wear a scarf on their heads. But with regard to everyone else, i.e., those who do not wear these cloths and cannot say it is worth that amount to them, no, they may not perform the redemption of the firstborn son in this manner. The Gemara cites a proof that a distinguished individual who needs a cloth will pay a large amount for one. This is like this incident in which Mar bar Rav Ashi bought a cloth from Rabba’s mother from Kovei for thirteen dinars, despite the fact that it was worth ten, because he needed a cloth.

Traduction française en préparation — version anglaise (Steinsaltz) : § Rabbi Elazar says: If a man said to a woman: Be betrothed to me with one hundred dinars, and he gave her one dinar out of the one hundred, she is betrothed immediately and he must subsequently complete the payment of the remainder of the amount he promised her. What is the reason for this? Since he said to her: Be betrothed to me with one hundred dinars, and yet he gave her only one dinar, he is like one who said to her: Be betrothed to me on the condition that I will give you one hundred dinars. In other words, he betroths her now with one dinar on the condition he will pay the remaining ninety-nine in the future. The betrothal therefore takes effect immediately, and he owes her the rest of the one hundred dinars.