And it can be said it all [belongs] to one: Moreover, per force, it is all [this] one's or all [that] one's. [Yet] in spite of this, we divide it without an oath.

Here, where there is no financial association: Moreover, it can be said that both of them picked it up together.

Is it not all the more so: That we divide it without an oath.

And attack: Grab.

Of Rabbi Yose: Later in [the chapter entitled] HaMafkid (Bava Metzia 37a): Two people who deposited [money] with one person; this one deposited one hundred dinars and that one deposited two hundred dinars. This one says, "The two hundred is mine"; and that one says, "The two hundred is mine," So the first teacher said, "He gives one hundred dinars to this one and one hundred dinars to that one. And the rest of the money will remain (in keeping) until Elijah comes [to decide]." Rabbi Yose said, "If so, what did the swindler lose" - and why should he confess; behold he received his [money]. "Rather, all of it will remain until Elijah comes," so that the swindler will lose [something]. And here too, it should remain.

As this is also comparable to the remainder: As there, they were judging about the second hundred dinars, whereas [here] they are judging about the whole garment.

Belong to one of them: Such that, "They divide it," may not be said.

Here, where it can be said that it all belongs to one of them: And his fellow has no portion in it - is it not all the more so that he does not subscribe [to the position that] they divide it.

What loss is there to the one who does not have a portion in it, if it remains.

To concede: Since he does not have a portion in it, what does he take when he concedes?

Buying and selling, what can be said: Behold we establish it to be when he received money from both of them. So if we say [to] let the garment and the money remain, there would be a loss to the swindler; so he would confess the truth before he loses.

There, this is the reason, both of them make an oath and take: Because the storekeeper can say to the homeowner, "I carried out your agency that you ordered me and gave the money to your worker."

What [business] do I have with the hired laborer to challenge [his claim].

He is not trustworthy to me: I do not trust him with an oath; I say that he is evil. And I do not have to trust a person with an oath against my will, unless I trusted him from the beginning, to deposit [something] with him or to make a stipulation with him.

You trusted him: And you are the one who fouled up, so I should not have to lose through your fouling up, such that my money should remain until Eliyahu comes.