Commentary for Kiddushin 108:16
ואי סתמא דוקא מה לי חד סתמא מה לי תרי סתמי אמר רב נחמן בר יצחק הלכה כר' מאיר הואיל ותנן בבחירתא כוותיה
and this does not agree with R'Jose, who maintained: Budding fruit is forbidden [as 'orlah],because it counts as fruit.<span class="x" onmousemove="('comment',' On that view fourth year fruit, being sacred property, could not be given away. But here we hold that the term 'fourth year fruit' is as yet inapplicable, because it is not fruit at all.');"><sup>29</sup></span> Come and hear: If he drew into his possession the [second-] tithe [of another] to the value of a sela', and had no time to redeem it<span class="x" onmousemove="('comment',' By paying the owner the money.');"><sup>30</sup></span> before it appreciated to two, he must pay a sela'<span class="x" onmousemove="('comment',' , Because he acquired it by meshikah (v. Glos.) and it appreciated in his possession.');"><sup>31</sup></span> and thus profits a sela', and the second-tithe is his.<span class="x" onmousemove="('comment',' Because the second-tithe is secular property, hence it is acquired by meshikah.');"><sup>32</sup></span> Now, whose view is this? Shall we say: R'Meir's; why does he profit a sela', Scripture saith, And he shall give the money, and it shall be assured to him?<span class="x" onmousemove="('comment',' Hence tithe is acquired only by money, not meshikah. Actually there is no such verse, and this would appear to be a free paraphrase of Lev. XXVII, 19: then he shall add the fifth part of the money of thy estimation unto it, and it shall be assured to him; Tosaf. Shab. ');"><sup>33</sup></span> Hence it must surely be R'Judah's! - It is indeed R'Judah's, but here we have one anonymous teaching, whereas there we have two.<span class="x" onmousemove="('comment',' The anonymous Mishnah agreeing with R. Meir is found twice, in M.Sh. V, 3 and 'Ed. IV, 5; that agreeing with R. Judah is found only in M.Sh. IV, 6.');"><sup>34</sup></span> But if an anonymous [ruling] was intentionally taught,<span class="x" onmousemove="('comment',' Thus, to shew that it is the halachah; v. p. 273. n. 9.');"><sup>35</sup></span> what does it matter whether there is one or two? - Said R'Nahman B'Isaac, The halachah is as R'Meir, since we learnt his view in Behirta.<span class="x" onmousemove="('comment',' Lit., 'selected (Mishnah) .' another name for 'Eduyyoth. This consists of testimonies by scholars on traditional laws, which were examined and declared authentic.');"><sup>36</sup></span>
Daf Shevui to Kiddushin
R. Nahman b. Yitzchak explains that the preference for R. Meir is not that his mishnah was taught twice, but that his mishnah was taught in Tractate Eduyot, called “Behirta” or “choice”. Tractate Eduyot is viewed, occasionally, as a more authoritative tractate.