Commentary for Bekhorot 36:29

ומשל דרבי עקיבא למה הדבר דומה לאחד שהפקיד אצל בעל הבית שהמוציא מחבירו עליו הראיה

That of two men who gave [two animals] in charge of a shepherd and [one died], where the shepherd leaves the living one between them and departs.<span class="x" onmousemove="('comment',' And similarly the Mishnah is dealing with a case where the surviving animal, a doubtful first-born, was given in charge of a shepherd, and both the owner and priest claim it. Here we cannot say that the claimant must produce the evidence, since the animal is in the possession of neither of them.');">⁹</span>

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