Commentary for Bava Batra 140:8

רבא אמר הלכתא נשבע וגובה מחצה אמר מר זוטרא הלכתא כדייני גולה א"ל רבינא למר זוטרא הא אמר רבא נשבע וגובה מחצה אמר ליה אנן דדייני גולה

that if a man places a deposit with another and receives an acknowledgment and the latter subsequently asserts that he has returned it, his word is accepted;<span class="x" onmousemove="('comment',' According to the decision of R. Hisda recorded above. ');">¹³</span> and if a claim is made against orphans on the ground of a 'purse bond', the claimant is entitled on taking an oath to recover the whole.<span class="x" onmousemove="('comment',' This shows that if the orphans plead that the father had returned the money, their word is not accepted. ');">¹⁴</span> Have we not here two [contradictory rulings]? — In the second case there is a special reason, that if he had paid he would have told his children. Raba said: The law is that the claimant is entitled to take an oath and recover half.<span class="x" onmousemove="('comment',' Viz., the half that is regarded as a loan. ');">¹⁵</span> Mar Zutra said that the law follows the decision of the judges of the Exile.<span class="x" onmousemove="('comment',' That the claimant from the orphans can recover the whole. ');">¹⁶</span> Said Rabina to Mar Zutra: Has not Raba laid down that he is entitled to take an oath and recover [only] half?<span class="x" onmousemove="('comment',' And how can you contradict Raba who is an older authority than you? ');">¹⁷</span> — He replied: In our version the reverse opinion is ascribed to the judges of the Exile.<span class="x" onmousemove="('comment',' I.e., we make them say that he recovers half. ');">¹⁸</span>

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