Commentary for Bava Metzia 12:5

Now, it is obviously assumed here that if a priest seizes the firstling we do not take it away from him, for it is laid down that [we must apply the principle that] the claimant must bring evidence [to substantiate his claim];<span class="x" onmousemove="('comment',' Which is obviously meant to apply to either claimant, either the Israelite or the priest. ');">⁹</span> and [thus] if the priest has not seized it, [the Baraitha teaches] that it must not be shorn or worked.<span class="x" onmousemove="('comment',' The animal is thus regarded as 'holy' even when the Israelite is in possession, which would show that the sanctification by the litigant without seizing it takes effect, if we say that the seizing of the disputed articles entitles him to keep it. ');">¹⁰</span>

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