Mesorat%20hashas for Bava Kamma 211:16

אלא אמר רבא כל הודה לא שנא טוען טענת אבד ולא שנא טוען טענת גנב (נמי) לא אמר רב דהא כתיב והתודה דבעי שלומי קרן וחומש

for each occasion. And R. Simeon said: The reason is that [on each occasion] it was open to him to retract and admit the claim.'<span class="x" onmousemove="('comment',' Shebu. 36b. ');">²⁸</span> Now in this case you can hardly say that the action of the Court was anticipated, for it is stated: 'Where an oath was imposed upon a defendant' [which naturally would mean, by the sanction of the Court]; you can similarly not say that it was done outside the Court of Law, for it is stated 'in the presence of the Court of Law.'<span class="x" onmousemove="('comment',' This Mishnaic text, from which it could be gathered that, though an oath has already been imposed and taken, the case could still be reopened, will thus be in contradiction to the view of Rab! ');">²⁹</span>

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