It does not seem like a big deal because the questions of Rav Akiva Eiger are often only to one opinion. In any case in Bava Batra 92a he asks a question on the Rashbam.
That Rashbam in itself is of great interest but just to be short he brings the idea that if a bull gored a cow and the calf is found next to it the law is to divide the amount of the cow and calf in half.-That is like Sumhus. The Rashbam says that is even if either one is sure and the other in doubt.
Rav Akiva Eiger asks that if the one that is is possession of the money is sure then even Sumhus agrees המוציא מחבירו עליו הראיה as it says in the Mishna in Bava Metzia 97 השואל אומר שכורה מתה והמשאיל אומר איני יודע פטור.
The Gemara says there is a debate. One person says ברי ושמא ברי עדיף. The other person says the Mishna is a case of עסק שבועה ביניהם.
So the Rashbam is talking according to the opinion עסק שבועה ביניהם.
(I noticed this aspect of Rav Akiva Eiger at the Mir in NY. There was some question of his somewhere in Shabat and I noticed an opinion somewhere that would have answered it.)
That Rashbam in itself is of great interest but just to be short he brings the idea that if a bull gored a cow and the calf is found next to it the law is to divide the amount of the cow and calf in half.-That is like Sumhus. The Rashbam says that is even if either one is sure and the other in doubt.
Rav Akiva Eiger asks that if the one that is is possession of the money is sure then even Sumhus agrees המוציא מחבירו עליו הראיה as it says in the Mishna in Bava Metzia 97 השואל אומר שכורה מתה והמשאיל אומר איני יודע פטור.
The Gemara says there is a debate. One person says ברי ושמא ברי עדיף. The other person says the Mishna is a case of עסק שבועה ביניהם.
So the Rashbam is talking according to the opinion עסק שבועה ביניהם.
(I noticed this aspect of Rav Akiva Eiger at the Mir in NY. There was some question of his somewhere in Shabat and I noticed an opinion somewhere that would have answered it.)
