Property Cases Judged by Three and the Reach of Double Payment

"For any matter of trespass" — Scripture speaks of one guardian compared to another. Or perhaps it comes only to distinguish between money and vessels and animal? The verse states "garment": the garment was in the general category and was singled out to teach — just as the garment is distinct, Scripture speaks of one guardian compared to another, etc.; hence it did not come to distinguish between money and vessels and animal. "Of which one says, this is it" — that this one says "this is it" and that one says "it is not it." From here they said: the admission must be of the same kind as the claim. "And the master of the house shall come near to the judges (the Elohim)" — from here they said: monetary cases are judged by three. Rabbi says: by five, so that the verdict is concluded by three. "He shall pay double to his fellow" — Rabbi Yishmael says: I apply here "he shall pay double to his fellow," and I apply elsewhere "he shall repay it in its principal and add a fifth to it" (Leviticus 5:24). How are these two verses upheld together? Everyone who pays the principal is obligated to pay the fifth, and everyone who does not pay the principal is exempt from the fifth. "He shall pay double to his fellow" — and not to the Temple. "To his fellow" — and not to others.