Talmud Bavli
Talmud Bavli

Commentary for Kiddushin 41:1

הא רבנן הא ר"ש

the one agrees with the Rabbis, the other with R'Simeon.<span class="x" onmousemove="('comment',' R. Shesheth's answer having been deduced from R. Simeon's dictum. - R. Simeon holds that the reason of a Scriptural law must be sought, and when found it may modify it and provide a basis for other laws; but the Rabbis disagree. Hence R. Simeon argues that one's very disabilities require compensating privileges, and finds this embodied in the laws of the sanctification of 'a field of possession', from which the same principles are applied to analogous cases. Whereas the Rabbis argue that when Scripture impairs one's privileges in one direction they are weakened in all, a minori, the sanctification of an inherited field being explicitly excepted by Scripture.');"><sup>1</sup></span> One [Baraitha] taught: He [who sells a house in a walled city] may borrow and redeem, and redeem half. Another taught: He may not borrow and redeem, nor redeem half.

Daf Shevui to Kiddushin

Indeed, the two baraitot do disagree, but that is because they represent two tannaitic opinions. The rabbis hold that he may not redeem half and R. Shimon holds that he may.
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