even

<<in the first case;

<<is the halachah

<<like him

<<or

<<is not

<<the halachah

<<like him?

<<He said to him:

<<disagreeing

<<was

<<Rabbi Yosei

<<even

<<in the first case,

<<and the halachah

<<is like him

<<even

<<in the first case.

It was stated

<<also.

<<Rabbi Elazar said:

<<disagreeing

<<was

<<Rabbi Yosei

<<even

<<in the first case,

<<and the halachah

<<is like him

<<even

<<in the first case.

<<And Rabbi Yochanan

<<said:

<<conceding

<<was

<<Rabbi Yosei

<<in the first case,

<<for already

<<he paid.

If he paid —

<<yes;

<<if he did not

<<pay —

<<no?

<<But didn't Rabbi Chiya bar Abba say in the name of Rabbi Yochanan:

<<not

<<“he paid”

<<meaning he paid

<<actually,

<<but

<<once

<<he said

<<“I hereby

<<pay”,

<<even though

<<he did not

<<pay.

<<Say:

<<conceding

<<was

<<Rabbi Yosei

<<in the first case,

<<for already

<<he said

<<“I hereby

<<pay”.

MISHNAH:

<<If he said

<<to two:

<<I robbed

<<one

<<of you

<<of a maneh

<<and I do not

<<know

<<which

<<of you;

<<or:

<<the father

<<of

<<one

<<of you

<<deposited

<<with me

<<a maneh

<<and I do not

<<know

<<which

<<it is —

<<he gives

<<this one

<<a maneh

<<and that one

<<a maneh,

<<for he admitted

<<from the mouth of

<<himself.

Two

<<who deposited

<<with

<<one,

<<this one

<<a maneh

<<and that one

<<two hundred;

<<this one

<<says:

<<mine

<<is the two hundred,

<<and that one

<<says:

<<mine

<<is the two hundred —

<<he gives

<<this one

<<a maneh

<<and that one

<<a maneh,

<<and the rest

<<shall be

<<left

<<until

<<comes

<<Eliyahu.

Rabbi Yosei said:

<<if so,

<<what

<<has lost

<<the deceiver?

<<Rather,

<<all of it

<<shall be

<<left

<<until

<<comes

<<Eliyahu.

And so

<<two

<<utensils,

<<one

<<worth

<<a maneh

<<and one

<<worth

<<a thousand

<<zuz;

<<this one

<<says:

<<the fine one

<<is mine,

<<and that one

<<says:

<<the fine one

<<is mine —

<<he gives

<<the small one

<<to one

<<of them,

<<and from

<<the large one

<<he gives

<<the value of

<<the small one

<<to the second,

<<and the rest

<<shall be

<<left

<<until

<<comes

<<Eliyahu.

<<Rabbi Yosei said:

<<if so,

<<what

<<has lost

<<the deceiver?

<<Rather,

<<all of it

<<shall be

<<left

<<until

<<comes

<<Eliyahu.

GEMARA:

<<Apparently

<<out of doubt

<<we take out

<<money,

<<and we do not

<<say:

<<establish

<<money

<<in the possession of

<<its owner.

But they raised a contradiction:

<<two

<<who deposited

<<with

<<one,

<<this one

<<a maneh

<<and that one

<<two hundred;

<<this one

<<says:

<<“mine

<<is the two hundred”,

<<and that one

<<says:

<<“mine

<<is the two hundred” —

<<he gives

<<this one

<<a maneh

<<and that one

<<a maneh,

<<and the rest

<<shall be

<<left

<<until

<<comes

<<Eliyahu.

He said to him:

<<a deposit

<<against robbery

<<are you contrasting?

<<Robbery,

<<where he did

<<a prohibition,

<<penalized him

<<the Rabbis;

<<a deposit,

<<where he did not

<<do

<<a prohibition,

<<did not

<<penalize him

<<the Rabbis.

And contrast

<<deposit

<<against deposit,

<<and contrast

<<robbery

<<against robbery.

<<Deposit

<<against deposit —

<<for it teaches

<<in the first clause:

<<or

<<the father

<<of

<<one

<<of you

<<deposited

<<with me

<<a maneh,

<<and I do not

<<know

<<which

<<it is —

<<he gives

<<this one

<<a maneh

<<and that one

<<a maneh.

<<But they raised a contradiction:

<<two

<<who deposited

<<etc.!

Rava said:

<<the first clause —

<<it becomes

<<as one

<<with whom they deposited

<<in two

<<bundles,

<<where it was

<<for him

<<to take note;

<<the latter clause —

<<it becomes

<<as one

<<with whom they deposited

<<in a bundle

<<one,

<<where it was not for him

<<to take note —

<<such as

<<where deposited

<<both of them

<<together

<<at one

<<time,

<<for he says

<<to them:

<<you

<<yourselves

<<were not

<<particular

<<about each other;

<<should I

<<be particular?

And contrast

<<robbery

<<against robbery.

<<It teaches

<<here:

<<if he said

<<to two:

<<I robbed

<<one

<<of you

<<of a maneh

<<and I do not

<<know

<<which

<<of you;

<<or:

<<the father

<<of

<<one

<<of you

<<deposited

<<with me

<<a maneh

<<and I do not

<<know

<<which

<<it is —

<<he gives

<<this one

<<a maneh

<<and that one

<<a maneh.

But they raised a contradiction:

<<if he robbed

<<one

<<of five

<<and does not

<<know

<<which

<<of them

<<he robbed;

<<this one

<<says:

<<me

<<he robbed,

<<and that one

<<says:

<<me

<<he robbed —

<<he places

<<the robbed item

<<among them

<<and withdraws;

<<the words of

<<Rabbi Tarfon.

<<Apparently

<<out of doubt

<<we do not

<<take out

<<money,

<<and we say:

<<establish

<<money

<<in the possession of

<<its owner.

And from where

<<that our Mishnah

<<here

<<Rabbi Tarfon

<<it is?

<<For it teaches

<<concerning

<<that one:

<<concedes

<<Rabbi Tarfon

<<where one says

<<to two:

<<I robbed

<<one

<<of you

<<of a maneh

<<and I do not

<<know

<<which

<<of you,

<<that he gives

<<this one

<<a maneh

<<and that one

<<a maneh.

There,

<<where they

<<are claiming

<<from him;

<<here,

<<where he comes

<<to fulfill

<<his duty to

<<Heaven.

<<It is precise

<<too,

<<for it teaches:

<<for he admitted

<<from the mouth of

<<himself.

<<Learn from it.

Said

<<the master:

<<there,

<<where they

<<are claiming

<<from him.

<<And the other —

<<what

<<does he claim?

<<Rav Yehuda

<<said in the name of

<<Rav:

<<the other

<<is silent.

<<Rav Masna

<<said in the name of

<<Rav:

<<the other