Talmud Bavli
Talmud Bavli

Quoting%20commentary for Bava Metzia 73:17

אמר מר התם דקא תבעי ליה והלה מה טוען רב יהודה אמר רב הלה שותק רב מתנה אמר רב הלה

'And robbery may be opposed to robbery'. Here we learn IF A MAN SAYS TO TWO OTHERS, I ROBBED ONE OF YOU OF A <i>MANEH</i>, BUT I DO NOT KNOW WHICH OF YOU, OR, THE FATHER OF ONE OF YOU DEPOSITED A <i>MANEH</i> WITH ME, AND I DO NOT KNOW WHOSE: HE MUST GIVE EACH A <i>MANEH</i>. But the following is opposed thereto: If a man robbed one out of five, and does not know which one he robbed, and each claims, 'It was me he robbed': he may place the stolen article among them and depart: this is R. Tarfon's view.<span class="x" onmousemove="('comment',' B.K. 103b. ');"><sup>14</sup></span> This proves that money is not collected as a result of doubt, but we say, Let the money stand in the presumptive ownership of its possessor!<span class="x" onmousemove="('comment',' And the robber is not bound to repay each, as in our Mishnah. ');"><sup>15</sup></span> And whence [does it follow] that our Mishnah here agrees with R. Tarfon?<span class="x" onmousemove="('comment',' Perhaps it reflects R. Akiba's views, who differs from R. Tarfon, v. B.K. ibid. ');"><sup>16</sup></span> Because It was taught thereon:<span class="x" onmousemove="('comment',' If a man robbed one out of five etc. ');"><sup>17</sup></span> R. Tarfon admits that if one says to two people, 'I robbed one of you of a <i>maneh</i>, but do not know which of you,' he must give each a <i>maneh</i>!<span class="x" onmousemove="('comment',' In agreement with our Mishnah. ');"><sup>18</sup></span> — There they were claiming from him; here it means that he came to fulfil his duty in the sight of Heaven.<span class="x" onmousemove="('comment',' Legally he is not bound to pay all claimants, and the second Mishnah quoted treats of this aspect. But morally he can atone for his sin only by repaying all, so that none shall have suffered through his theft. ');"><sup>19</sup></span> This may be proved too, for it is stated SINCE HE HIMSELF CONFESSED.<span class="x" onmousemove="('comment',' Which shews that he was not being dunned, but wished to clear himself. ');"><sup>20</sup></span> This proves It. The Master said: 'There they were claiming from him.' And what does he plead? — Rab Judah said in Rab's name: He is silent. R. Mattena said in Rab's name: He

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