The regular Mishna holds ממון המוטל בספק חולקים. [Money that is in doubt is divided]. This comes up in several places in the Mishna. And every place it comes up the mishna goes like Sumchos.
But in Bava Kama Shmuel says that is not the opinion of the sages who hold one who enters a plea that money that is in someone else's possession really belongs to him needs to bring proof.
The question of המוציא מחבירו עליו הראיה has the same format as a Gemara in Ketubot page 40b.
There Rabbainu Hananel [last of the Geonim and teacher of the Rif as far as I recall] and the Raavad say the law is like the stam Mishna even though in the Gemara Rava said "These are the words of R. Meir but the sages say..."
In Bava Kama you have the same situation. A stam Mishna says one thing and then the Gemara says [from Shmuel] These are the words of sumchos but the sages say etc.
But in Bava Kama Shmuel says that is not the opinion of the sages who hold one who enters a plea that money that is in someone else's possession really belongs to him needs to bring proof.
The question of המוציא מחבירו עליו הראיה has the same format as a Gemara in Ketubot page 40b.
There Rabbainu Hananel [last of the Geonim and teacher of the Rif as far as I recall] and the Raavad say the law is like the stam Mishna even though in the Gemara Rava said "These are the words of R. Meir but the sages say..."
In Bava Kama you have the same situation. A stam Mishna says one thing and then the Gemara says [from Shmuel] These are the words of sumchos but the sages say etc.
