Related for Bava Metzia 201:14
ומאי שדה אבותיו שדה אבותיו ממש ולדידיה הוא דקנסוה רבנן דאיידי דחביבא עליה טפי ואזיל מקבל לה אבל איניש דעלמא לא
because since it is more precious to him [than to others], he will go and lease it [on such disadvantageous terms]; whereas others would not [accept it on such terms].<span class="x" onmousemove="('comment',' Therefore, others were not required to tithe the whole. ');"><sup>14</sup></span>
Tosefta Ketubot
One who takes possession of his fellow's ruin and builds it without permission, when he goes out and says, "Give me my wood and my stone!", they don't listen to him. (The following is defective in the printed edition, translating from the Ehrfurt manuscript:) Rabban Shimon ben Gamliel says: Beit Shammai say: He is allowed to do this; Beit Hillel say: They don't listen to him. One who takes possession of his fellow's ruin and builds it without permission, they evaluate for him and he has the lower hand. With permission, they evaluate for him and he has the upper hand. In what way does he have the lower hand? If the profit is more than the expenses, he pays him the expenses; but if the expenses are more than the profit, he pays him the profit.
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Tosefta Ketubot
One who takes possession of his fellow's ruin and builds it without permission, when he goes out and says, "Give me my wood and my stone!", they don't listen to him. (The following is defective in the printed edition, translating from the Ehrfurt manuscript:) Rabban Shimon ben Gamliel says: Beit Shammai say: He is allowed to do this; Beit Hillel say: They don't listen to him. One who takes possession of his fellow's ruin and builds it without permission, they evaluate for him and he has the lower hand. With permission, they evaluate for him and he has the upper hand. In what way does he have the lower hand? If the profit is more than the expenses, he pays him the expenses; but if the expenses are more than the profit, he pays him the profit.
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