Mesorat%20hashas for Bava Kamma 209:1
בשעמד בדין אי בשעמד בדין אפילו חומש נמי משלם אמר רב הונא בריה דרב יהושע לפי שאין משלמין חומש על כפירת שעבוד קרקעות
that [before the father died] he had already appeared in court<span class="x" onmousemove="('comment',' Where he was summoned on the instigation of witnesses after he had already denied the claim with a false oath; in which case there is no liability of a Fifth, v. Mishnah 108b. Tosaf. a.l. ');"><sup>1</sup></span> [and liability was established against him].<span class="x" onmousemove="('comment',' On the strength of impartial evidence. ');"><sup>2</sup></span> But if he had already appeared in court<span class="x" onmousemove="('comment',' Where he was summoned on the instigation of witnesses after he had already denied the claim with a false oath; in which case there is no liability of a Fifth, v. Mishnah 108b. Tosaf. a.l. ');"><sup>1</sup></span>
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