More Discussions for this daf
1. The Shevu'ah of Shenayim Ochzin 2. Picking up a Metzi'ah 3. Owning all of it
4. Sumchus or the Rabanan 5. Tosfos DH Yachloku 6. Questions in Rashi
7. Case of Mekach U'Memkar 8. Rashi According to Maskanas ha'Gemara 9. Shenayim Ochzin b'Talis
10. "It is all mine" 11. Arguing over a lost object that was found 12. Causing a Shevu'as Shav in our Mishnah
13. Teaching that Re'iyah is not Koneh 14. Two versions 15. Comparing 3/4 Talis oath with devolved oath
16. Acquiring through seeing 17. Terms of Chazakah and ownership 18. בבא מציעא ב. תד"ה בראיה - הבטה בהפקר
DAF DISCUSSIONS - BAVA METZIA 2

David Gafni asked:

For question e), aren't both answers; Version 1 (f)g)) and Version 2 (h)i)) basically stating the same thing?

And if they aren't what is the main difference?

David Gafni, Toronto, Canada

The Kollel replies:

The difference between them is as follows:

Version #1 (Rashi) explains, our case of the Talis is different than when a dead calf is found next to a gored cow, for there, either the goring caused the calf's death or not, it cannot be 'half-liable', if Beis Din would know the facts, is impossible to say that they would obligate half the normal payment for damage, this Pesak surely causes 1 side to lose what (Hash'm knows) should be the true law - but regarding the Talis, perhaps each really owns half, our Pesak gives each what he truly owns.

Version #2 (Tosfos) explains, our case is different than the dead calf, for there, the doubt is not due to false claims, even if each tells the truth (that he did not see the goring), Beis Din would have a doubt; Here, the doubt is because (at least 1 of them) is making a false claim - had they kept silent, we would have assumed that that each owns half (since both are Muchzak)!

P. Feldman