Bava Batra 210

אלא לעולם זו ולא סבירא ליה והתם טעמא מאי משום דתפיס

— But, [it may be replied.] 'this', in fact, [implies that Samuel] is not of the same opinion;<span class="x" onmousemove="('comment',' That the second expression cancels the first. ');">¹</span> [as, however, his] reason there [for dividing<span class="x" onmousemove="('comment',' If the dispute is brought before the court in the middle of the month. ');">²</span>

הכא נמי הא תפיס

the monthly rent of the bath house is] because [each one of the parties] is in possession<span class="x" onmousemove="('comment',' The owner is in the possession of the wash house; the tenant, of his money. ');">³</span> [of a part of that concerning which they are in dispute], so here<span class="x" onmousemove="('comment',' The sale of the kor. ');">⁴</span>

אמר רב הונא אמרי בי רב איסתרא מאה מעי מאה מעי מאה מעי איסתרא איסתרא

also [the reason why the buyer acquires every <i>se'ah</i> as it is measured out to him is] because it is [then] in his possession.<span class="x" onmousemove="('comment',' And not, as has been suggested before, because the second expression cancels the first. ');">⁵</span> R. Huna said in the name of the school of Rab: [If one says that he would sell an object for] an istira,<span class="x" onmousemove="('comment',' A silver coin equal in value to ninety-six copper ma'ah, ');">⁶</span>

מאי קמ"ל תפוס לשון אחרון הא אמרה רב חדא זימנא דאמר רב אי הואי התם הוה יהיבנא כוליה למשכיר

a hundred <i>ma'ah</i>, [he is entitled to] a hundred <i>ma'ah</i>. [If he says], 'a hundred <i>ma'ah</i>, an istira'.[he is entitled to] an istira. What does this teach us? That the second expression is to be preferred?<span class="x" onmousemove="('comment',' Lit., 'hold the last expression'. I.e., that the law is in agreement with the view of Ben Nannus. ');">⁷</span> Surely Rab has said it once! For Rab said: Had I been there<span class="x" onmousemove="('comment',' When the dispute about the bath house was brought before R. Simeon b. Gamaliel and R. Jose. ');">⁸</span>

(אי איתמר הא ולא איתמר הא הוה אמינא מיהדר קא הדר ביה אבל הכא) מהו דתימא פרושי קא מפרש קמ"ל:

I would have given all to the owner.<span class="x" onmousemove="('comment',' Apparently because Rab is of the opinion that the second expression cancels the first. ');">⁹</span> [Why, then, need Rab say it again?]<span class="x" onmousemove="('comment',' In the case of the istira. ');">¹⁰</span> — [Since] it might have been said that [the reason Rab would have assigned all to the owner of the bath house] was because [he held that the second expression]<span class="x" onmousemove="('comment',' I.e., 'one denar per month'. ');">¹¹</span> was merely explaining [the first],<span class="x" onmousemove="('comment',' I.e., 'twelve gold denarii per annum; indicating that per annum' in the first expression referred to an ordinary year only, and not to a leap year of thirteen months, and not because Rab held that the second cancelled the first. ');">¹²</span> therefore,<span class="x" onmousemove="('comment',' In order that it should not be assumed that, whenever the second expression cannot be regarded as an explanation of the first, Rab holds the view of the Rabbis against that of Ben Nannus. ');">¹³</span> [it was necessary for Rab] to teach us [the case of the istira].<span class="x" onmousemove="('comment',' In this case, the two expressions cannot be regarded as explanatory of one another, because the expression 'ninety-six ma'ah' can never be made to mean a hundred ma'ah, and vice versa. And since the two expressions must be contradictory, and Rab had said that the latter is to be followed, one may definitely conclude that Rab is of the same opinion as Ben Nannus who stated that the second expression cancels the first. ');">¹⁴</span>