Study Bava Metzia folio 3A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
and there is room to say that it belongs entirely to one of them, and there is also room to say that it belongs entirely to the other one, and nevertheless Sumakhos says that since it is property of uncertain ownership they divide it without taking an oath, then here, where the litigants have no f
The Talmud answers: You may even say that the Mishnah is in accordance with the opinion of Sumakhos: This oath is instituted by rabbinic law in accordance with the statement of R' Yoḥanan. As R' Yoḥanan says: This oath, administered in the case of two people holding a garment, is an ordinance insti
§ The Talmud suggests: Let us say that the Mishnah is not in accordance with the opinion of R' Yosei. As, if you say that the ruling is in accordance with the opinion of R' Yosei, doesn’t he say that a case cannot be decided in a manner in which there is no deterrent for one taking a false claim to
The Talmud counters: Rather, what is suggested? Is it suggested that the Mishnah is in accordance with the opinion of the Rabbis, who disagree with R' Yosei? Since the Rabbis say there: The remainder is placed in a safe place until Elijah comes, this case of the Mishnah concerning the garment is al
The Talmud answers: What is this comparison? Granted, if you say that the Mishnah is in accordance with the opinion of the Rabbis there, in the case of the depositors, where these 100 dinars certainly belong to only one of them and the Rabbis say that it is placed in a safe place until Elijah comes