Reference for Bava Kamma 208:9

הוא ולא אביו אביו ולא הוא הוא ואביו מנין ת"ל (ויקרא ה, כג) אשר גזל ואשר עשק והוא לא גזל ולא עשק

and when the latter came back the former [was so pleased that he] went out to meet him as far as Tauak.<span class="x" onmousemove="('comment',' [S. of Naresh, the home of R. Papa.] ');">¹⁴</span> IF HE REFUNDED HIM THE PRINCIPAL BUT DID NOT PAY HIM THE FIFTH&nbsp;… HE WOULD NOT HAVE TO GO AFTER HIM [FOR THAT]. This surely proves that the Fifth is a civil liability,<span class="x" onmousemove="('comment',' As it differs from the Principal only regarding the ruling stated in the Mishnah. ');">¹⁵</span>

Jastrow

Jastrow

Jastrow

Jastrow