Traité Menachot

Traduction française en préparation — version anglaise (Steinsaltz) : But according to the opinion of Rabba bar Avuh, why can the seller automatically give the purchaser the fallen house or the dead slave? Let him see which house fell, or which slave died, as according to Rabba bar Avuh, the sale should apply to the house or slave that was the most valuable at the time of the sale.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: Are you saying that the statement of Rabba bar Avuh applies in the case of a purchaser? A purchaser is different, as there is a principle in the halakhot of commerce that in a case involving a dispute between the seller and the purchaser, the owner of the document of sale, i.e., the purchaser, is at a disadvantage, as a document is always interpreted as narrowly as possible. Therefore, the seller can claim that he has sold the buyer the fallen house or the dead slave.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara adds: Now that you have arrived at this explanation, the objection posed earlier to the statement of Rabba bar Avuh from the statement of Ulla can be rejected easily. Ulla said that if one says to another: I am selling you a house from among my houses, since he did not specify which house he is selling, he can show him an attic [aliyya]. Although this was explained above as referring not to a loft but to the best [me’ula] of his houses, now you may even say that it is referring to a loft, which is the worst of his houses, due to the principle that the owner of the document is at a disadvantage.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: One who says: It is incumbent upon me to bring a burnt offering, must sacrifice it in the Temple in Jerusalem. And if he sacrificed it in the temple of Onias in Egypt, he has not fulfilled his obligation. One who says: It is incumbent upon me to bring a burnt offering that I will sacrifice in the temple of Onias, must sacrifice it in the Temple in Jerusalem, but if he sacrificed it in the temple of Onias, he has fulfilled his obligation. Rabbi Shimon says that if one says: It is incumbent upon me to bring a burnt offering that I will sacrifice in the temple of Onias, it is not consecrated as a burnt offering; such a statement does not consecrate the animal at all.

Traduction française en préparation — version anglaise (Steinsaltz) : If one says: I am hereby a nazirite, then when his term of naziriteship is completed he must shave the hair of his head and bring the requisite offerings in the Temple in Jerusalem; and if he shaved in the temple of Onias, he has not fulfilled his obligation. If one says: I am hereby a nazirite provided that I will shave in the temple of Onias, he must shave in the Temple in Jerusalem; but if he shaved in the temple of Onias, he has fulfilled his obligation. Rabbi Shimon says that one who says: I am hereby a nazirite provided that I will shave in the temple of Onias, is not a nazirite at all, as his vow does not take effect.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The mishna teaches that one who says: It is incumbent upon me to bring a burnt offering that I will sacrifice in the temple of Onias, and sacrifices it in the temple of Onias, has fulfilled his obligation. The Gemara asks: How has he fulfilled his obligation? By sacrificing it in the temple of Onias, hasn’t he merely killed it without sacrificing it properly?

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Hamnuna says: The mishna does not mean that he has fulfilled his vow to bring an offering. Rather, he is rendered like one who says: It is incumbent upon me to bring a burnt offering on the condition that I will not be responsible for it if I kill it beforehand. When the mishna says that he has fulfilled his obligation it simply means that if the animal he consecrated is no longer alive, he does not have to bring another animal in its place.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said to Rav Hamnuna: If that is so, what about the latter clause of the mishna, which teaches that if one says: I am hereby a nazirite provided that I will shave in the temple of Onias, he must shave in the Temple in Jerusalem, but if he shaved in the temple of Onias, he has fulfilled his obligation? In this case do you also maintain that he is rendered like one who says: I am hereby a nazirite on the condition that I will not be responsible for bringing its offerings if I kill them beforehand? Such a condition cannot exempt a nazirite from bringing his offerings, because as long as he does not bring his offerings, he is not fit to conclude his term of naziriteship and is still bound by all of the restrictions of a nazirite.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, Rava said there is a different explanation: The animal was never consecrated at all, as this person intended merely to bring the animal as a gift [doron], but not to consecrate it as an offering. He presumably lives closer to the temple of Onias than to the Temple in Jerusalem, and must have said to himself: If it is sufficient to sacrifice this animal in the temple of Onias, I am prepared to exert myself and bring it. But if it is necessary to do more than that, i.e., to bring it to Jerusalem, I am not able to afflict myself. The mishna teaches that although the person never intended to bring the offering to Jerusalem, ideally, he should sacrifice the animal properly, in the Temple in Jerusalem. If he did not bring it there, but sacrificed it in the temple of Onias, he has fulfilled his obligation, and is not required to bring any other offering in its place.

Traduction française en préparation — version anglaise (Steinsaltz) : This is the explanation of the latter clause of the mishna as well: If one said that he would be a nazirite provided that he will shave in the temple of Onias, this man did not intend to accept upon himself the halakhic status of naziriteship. Rather, he merely intends to practice abstinence by not drinking wine, along with observing the other restrictions of a nazirite. Therefore, he said to himself: If it is sufficient to shave in the temple of Onias, I am prepared to exert myself and do so. But if it is necessary to do more than that, i.e., to go to Jerusalem to shave and bring the required offerings, I am not able to afflict myself. The mishna teaches that ideally, he should go to the Temple in Jerusalem to shave and bring all his offerings. If he shaved and brought his offerings in the temple of Onias, he has fulfilled his vow and has no further obligation.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rav Hamnuna could have said to you in response to Rava’s challenge: With regard to the case of one who vowed to become a nazirite on the condition that he would shave and bring his offerings in the temple of Onias, the interpretation of the mishna is as you said. But with regard to one who vows to bring a burnt offering in the temple of Onias, his intent is as I explained, and it is as if he says: It is incumbent upon me to bring a burnt offering on the condition that I will not be responsible for it if I kill it beforehand.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rabbi Yoḥanan also holds in accordance with that which Rav Hamnuna said, as Rabba bar bar Ḥana said that Rabbi Yoḥanan said that if one says: It is incumbent upon me to bring a burnt offering on the condition that I will sacrifice it in the temple of Onias, and he sacrificed it in Eretz Yisrael but not in the Temple, he has fulfilled his obligation, but his actions are also punishable by excision from the World-to-Come [karet] because he sacrificed an offering outside of the Temple. This is in accordance with the opinion of Rav Hamnuna that the animal is consecrated.