Commentary for Bava Kamma 38:13

ואם נהנית משלמת מה שנהנית

If [on the other hand] it was not kept in a safe place, should he not be liable for negligence [to pay in full]? It was therefore the owner of the poultry who would have to pay the half damages. But again why differentiate [his case so as to excuse him from full payment]? If there was exemption from full payment on account of [the inference drawn from] the verse, If a man shall open a pit,<span class="x" onmousemove="('comment',' Ex. XXI, 33. ');">¹¹</span>

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