Two Claims and Unequal Shares

When one holder claims half, the other half is conceded. Only the contested half is divided, producing three quarters and one quarter with oaths. Distinguish the claim from the dispute.

1. 1Read the source on ב ע״א (2a) and define the case facts.
2. 2A garment is worth 120 zuz. Calculate shares and identify the conceded portion.
3. 3Answer What does the half-claimant receive? and identify its support in the source.

What does the half-claimant receive?

1. 01·Mishnah / BaraitaBava Metzia 2a

   זֶה אוֹמֵר: ״כּוּלָּהּ שֶׁלִּי״, וְזֶה אוֹמֵר: ״חֶצְיָהּ שֶׁלִּי״,

   One claims the garment is entirely his, while his fellow claims only half is his.

2. 02·The Gemara asksBava Metzia 2a

   Why is the garment not divided equally, as is done when both claim the whole garment?

3. 03·TerutzBava Metzia 2a

   The one claiming half concedes that the other half belongs to his fellow, so that half is not subject to division at all.

4. 04·RayaBava Metzia 2a

   The wording of the oaths in the Mishnah proves this, as each swears only concerning his claim in the disputed half.

5. 05·Conclusion of the sugyaBava Metzia 2a

   The court divides only the disputed half, resulting in three quarters to one and one quarter to the other.

1. 1What does the half-claimant receive? Answer in your own words and support your explanation with a phrase from the Gemara.