I do not have a Gemara to be able to look up anything. But it occurs to me that what Tosphot says in the beginning of Bava Batra needs a bit of explanation.
From what I recall, the Mishna writes that since the partners both build the wall, if it falls it belongs to both. Tosphot asks why not say המע''ה [to take money from where it is already one needs a proof]?[That is -just give it to the guy in whose domain the wall fell.] The Ri answers because it was not clear from the start that it belonged to either one. In my notes on this I wrote the Mishna in Bava Metzia holds המע''ה even in a case of lost object.
I mentioned a different reason why the law would not be המע''ה. That is because they are forced to build or they agreed.
It occurred to me today that Tosphot wants the Mishna in Bava Batra to be able to go like the חכמים that hold המע''ה. They could have said the Mishna is like סומכוס.
From what I recall, the Mishna writes that since the partners both build the wall, if it falls it belongs to both. Tosphot asks why not say המע''ה [to take money from where it is already one needs a proof]?[That is -just give it to the guy in whose domain the wall fell.] The Ri answers because it was not clear from the start that it belonged to either one. In my notes on this I wrote the Mishna in Bava Metzia holds המע''ה even in a case of lost object.
I mentioned a different reason why the law would not be המע''ה. That is because they are forced to build or they agreed.
It occurred to me today that Tosphot wants the Mishna in Bava Batra to be able to go like the חכמים that hold המע''ה. They could have said the Mishna is like סומכוס.
