Tosfos says in d"h Yachloiku that in order to say yachloku, it must be a Chelukah shyicholah liyhois emes, so how can tosfos say that by the case of ani aragtiah the din will be yachloku b'shvuah?
Moshe W,
Lakewood USA
Shalom Moshe,
Great question! The Maharam on Amud Beis, on Tosfos DH d'Iy, writes that it is conceivable for both to say "Ani Aragtihah" and both be telling the truth, because one may have transferred half of the Talis to the other. This lines up with many Acharonim who understand Tosfos' "Yecholah Liheyos Emes" to mean it could be true regardless of the verbal claims, based on the fact that both are holding the Talis. Some Acharonim infer that Rashi and the Rosh disagree and require that the division fit the actual claims.
In any case, please look carefully at Tosfos DH v'Iy on 2b. I hope that will clear things up.
Kol Tuv,
Aharon Steiner