Well lets see ...
It fits the world, it makes more sence, it forces us to think at least a little before act, it was allways working like this, and its easier to calculate with ...
Disarming tools are allways consumed in the process, same as lock picks are ... that means even if you suceed ... so there isnt any "another punishment" its just cost for doing it.
I still dont understand why cant we change Race for our hirelings.

Lets us play Githyanki as racist as they trully are!