Commentary for Bava Metzia 5:3
לימא מתניתין דלא כרבי יוסי דאי כרבי יוסי הא אמר א"כ מה הפסיד רמאי אלא הכל יהא מונח עד שיבא אליהו
Shall it be assumed that our Mishnah is not in agreement with R. Jose? For does not R. Jose say:<span class="x" onmousemove="('comment',' In the case where two persons have deposited money with a third person, one a hundred and the other two hundred zuz, and each depositor claims to have deposited the larger amount, v. 37a. ');"><sup>2</sup></span>
Rashi on Bava Metzia
Of Rabbi Yose: Later in [the chapter entitled] HaMafkid (Bava Metzia 37a): Two people who deposited [money] with one person; this one deposited one hundred dinars and that one deposited two hundred dinars. This one says, "The two hundred is mine"; and that one says, "The two hundred is mine," So the first teacher said, "He gives one hundred dinars to this one and one hundred dinars to that one. And the rest of the money will remain (in keeping) until Elijah comes [to decide]." Rabbi Yose said, "If so, what did the swindler lose" - and why should he confess; behold he received his [money]. "Rather, all of it will remain until Elijah comes," so that the swindler will lose [something]. And here too, it should remain.
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