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If a Pikadon is stolen and the Shomer says he will pay for it and subsequently the Ganav is found the Kefel is paid to the Shomer.
R. Elazar says that R. Yosi argues and he holds that the Shomer doesn't receive the Kefel, while R. Yochanan holds that R. Yosi agrees that the Shomer receives the Kefel. (1)
If someone says to two people I stole from one of you a Manah or the father of one of one of you gave me a Manah as a Pikadon and I don't know which one he must pay a Manah to each one. (2)
If two people are Mafkid money or a utensil to the same Shomer one gave money or a utensil worth 100 and the other gave 200 and each one claims he was the one who gave 200 the Shomer shall give each one 100 and the remainder shall be put away until the arrival of Eliyahu ha'Navi. (3)
R. Yosi says if we give each one 100 the swindler has nothing to lose therefore all of the money shall be put away until the arrival of Eliyahu ha'Navi.
If a person steals from one of five people and he doesn't know who he stole from he should place the Gezeilah between them according to R. Tarfon. (4)
R. Yehudah holds even if the Gazlan is silent when each one of the five claims that he is the victim he may place the item between them according to R. Tarfon.
R. Masnah holds only if the Gazlan protests that he doesn't recognize the claimants it is sufficient to place the item between them, but if he is silent his silence is construed as admittance and he must pay each one. (5)
R. Akiva says that he must pay each one of the claimants the value of the Gezeilah because that is the only way for him to be Yotzei from the Aveirah.
R. Tarfon and R. Akiva agree if two people are Mafkid lambs with a shepherd and one gives one lamb and the other gives two and each one claims he was the one who gave one the shepherd may leave the lamb between them. (6)
If someone finds an Aveidah without a Siman in a place that is somewhat guarded and it is a Safek if it was deliberately placed there he shall leave it where it is. (7)
If he does pick up the Aveidah he shall not return it since it doesn't have a Siman and instead he shall hold on to it until the arrival of Eliyahu. (8)
If a house caves in killing a mother and her son and the inheritors of the son claim that the mother died first and the son inherited his property, while the inheritors of the mother claim the son died first and he didn't inherit her property Beis Shamai and Beis Hillel agree that the property is split between them.
R. Akiva says the property remains in the hands of the Muchzak.
A BIT MORE
1. According to R. Elazar just as R. Yosi holds that a renter who lends out the rented cow may not make money with the cow of the owner so too a Shomer may not make money with the Pikadon of the owner and doesn't receive the Kefel.
2. Even R. Tarfon who holds that if someone stole from one of five people and he doesn't know which one he may leave the Gezeilah between them, however he agrees if he wants to be Yotzei Din Shamayim he must pay each one of them.
3. In the previous case the money was given to him as a Pikadon by one person and he should have known who gave the money therefore he must pay each one, however in this case the two people gave him the money in front of each other therefore the Shomer can say that it is apparent that you trusted each other and consequently I was not attentive regarding how much each one gave.
4. He should put the Gezeilah down in Beis Din and request that the Beis Din clarify the Din and meanwhile he should put away the Gezeilah until the arrival of Eliyahu ha'Navi.
5. However, R. Yehudah holds that his silence is not construed as admittance because maybe his silence is because he is uncertain which one is the victim.
6. In this case the lambs were given to the shepherd without his presence and therefore even though the lambs were given by the two of them in front of each other the shepherd is not at fault and therefore he is not obligated to pay each one even according to R. Tarfon.
7. Since it doesn't have a Siman and it won't be returned without witnesses it is better to leave it where it is because maybe the owner will come back for it. It goes without saying that if he finds something that was certainly placed there deliberately he shall leave it where it is.
8. However, if someone brings witnesses that he placed it there he shall return it to him.
AWAITING THE ARRIVAL OF ELIYAHU
If two people are Mafkid money or a utensil to the same Shomer, one gave money or a utensil worth 100 and the other gave 200 and each one claims he was the one who gave 200, R. Yosi says if we give each one 100 the swindler has nothing to lose therefore all of the money shall be put away until the arrival of Eliyahu ha'Navi. Tosfos in Gitin says that even after the Mafkid dies the money that was put away is not given to the inheritors. Even though the money is put away as a Knas in order to prompt the swindler to admit and a Knas is not usually passed on to a son, however in this case the Knas is passed on because if we would return it to the son the swindler will not be motivated to admit since he knows it will eventually be returned to his son.
ONE HUNDRED EXTRA
If two people are Mafkid money to the same Shomer one gave a 100 and the other gave 200 and each one claims he was the one who gave 200 and the Shomer says that he doesn't know, each one shall swear that he was the one who gave 200 and the Shomer must pay each one 200. Consequently, the Shomer loses 100 of his own money because he was negligent as he should have written the names of the owner on the purse which held their money. If the two owners did not make a definite claim if the Shomer wishes to be Yotzei Din Shamayim he shall pay, but b'Dinei Adam he is Patur. (Shulchan Aruch CM 300:1)
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