One difficult idea about the braisa of R' Tarfon and R' Akiva is how one article was taken, but five claimants demand it. Would there not be, "mammon ha'mutal b'suffik," and, "col mammon ha'mutal b'suffik ha'motzei me'chavaro alav ha'rayah?"
H David Levine, Roanoke, VA USA
Thank you for this question! The rules you mentioned about money or an object on which there is doubt as to whom it belongs is correct in the event that there is an argument between two people, when one says that the object is his and the other argues and says that the object belongs to him. In the case of Rebbi Tarfon and Rebbi Akiva, the Gazlan is well aware of the fact that he stole this object, and the doubt in the case is only from whom he stole it, and not about the very fact that he stole. Still, although he admits that he has robbed, he does not have to pay all five, since he is sure (what is called in the Gemara "Ta'anas Bari"; see Tosfos here) that four out of five are liars. Therefore, here it is clear that the robber has to do something, and the only question is what is the thing he has to do.
Best Regards,