Chasidut for Bava Metzia 10:1

הַבַּיִת וְהָעֲלִיָּה שֶׁל שְׁנַיִם שֶׁנָּפְלוּ, שְׁנֵיהֶם חוֹלְקִים בָּעֵצִים וּבָאֲבָנִים וּבֶעָפָר, וְרוֹאִים אֵילוּ אֲבָנִים הָרְאוּיוֹת לְהִשְׁתַּבֵּר. אִם הָיָה אֶחָד מֵהֶן מַכִּיר מִקְצָת אֲבָנָיו, נוֹטְלָן וְעוֹלוֹת לוֹ מִן הַחֶשְׁבּוֹן:

A house and an upper story belonging to two, [the house belonging to one, and the upper story, to another], which fell — both divide the wood, the stones, and the soil, [it not being recognizable which stones belong to the upper and which to the lower], and we gauge which stones would have been broken. [If the house buckled at its foundation and collapsed, it may be assumed that the lower stones broke; and if the top part of the wall fell outwards, (it may be assumed that) the upper stones were broken, having fallen from a height, and that the lower are intact. As to "both divide," above, this speaks of an instance where the wall fell at night, and the stones were immediately cleared, so that it could not be established whether it fell by buckling and the lower stones broke, or whether it fell by a blow and the upper stones broke.] If one of them recognized some of his stones [and they were intact,], he takes them, and they are deducted from the account, (the other taking whole stones against them.) [("he takes them":) as when the other admits to some of them, and about the others he says: "I do not know," for since he admits to some, he is subject to a Torah oath — but he cannot swear, (not knowing); and whoever is subject to an oath but cannot swear pays. But if he said about all of them: "I do not know," he swears that he does not know and shares equally with his fellow.]

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