Responsa for Bava Metzia 5:10
בין לרבנן ובין לר' יוסי התם גבי חנוני על פנקסו דקתני זה נשבע ונוטל וזה נשבע ונוטל
as it is possible that both picked up the garment simultaneously. If you wish it, I could argue thus: In his case, R. Jose penalised the fraudulent claimant [in making him forfeit his hundred] so that he may confess the truth, but in our case [where the dispute is about a found article] what real loss would the fraudulent incur [on the garment being forfeited] that could induce him to confess the truth?<span class="x" onmousemove="('comment',' And since the forfeiture of the garment would serve no purpose, R. Jose would agree with our Mishnah. ');"><sup>9</sup></span>
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