Related%20passage for Bava Batra 188:13

הכי השתא

but in this case,<span class="x" onmousemove="('comment',' V. p. 392. n. 9. ');">³¹</span> who can say that he has put it in at all?<span class="x" onmousemove="('comment',' V. p. 392. n. 19. Hence he should not be required to pay. as a penalty, for all the refuse. ');">³²</span> Come and hear! [an objection] from the last [clause of the quoted Baraitha]: And the Sages say. '[the lender] receives the principal but not the interest'. [Does not this show that a penalty on the whole is not imposed on account of its part]?<span class="x" onmousemove="('comment',' V. p. 392. n. 5. ');">³³</span> — What a comparison!<span class="x" onmousemove="('comment',' V. p. 392. n. 6. ');">³⁴</span> In that case,<span class="x" onmousemove="('comment',' V. n. 2 above. ');">³⁵</span> the principal [at least] is certainly a permitted sum; but here, who can say that all has not been put in by him<span class="x" onmousemove="('comment',' V. p. 392. n. 10. ');">³⁶</span> Come and hear what Rabin son of R. Nahman learned:<span class="x" onmousemove="('comment',' Infra 104b. ');">³⁷</span> [In case of the sale of a piece of ground, under certain conditions, though it was found to be bigger than arranged. by an area equal to that of a quarter of a <i>kab</i> per <i>se'ah</i>, the sale is valid; if, however, the difference is greater. then] not only must the surplus<span class="x" onmousemove="('comment',' I.e., the portion of land by which the area is greater than a quarter of a kab per se'ah, viz., the difference between the actual area on the one hand, and the agreed area and a quarter of a kab per se'ah on the other. ');">³⁸</span> be returned but all the quarters<span class="x" onmousemove="('comment',' I.e., the quarters of a kab per se'ah which, if not exceeded, were not to be returned. ');">³⁹</span> also must be returned. This shows clearly that whenever [a part] has to be returned, all must be returned!<span class="x" onmousemove="('comment',' This confirms R. Huna's statement, supra. according to the first explanation, that the return of all the refuse is law, because one does not forego more than a quarter of a kab. ');">⁴⁰</span> — What a comparison!

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