In a case where ownership of a
property is disputed – for example, one side says, “It belonged to my
forefathers” and the other side says, “It belonged to my forefathers,”
but neither litigant can prove his claim – the court withdraws and
allows the litigants to fight over possession of the property.
Once one gets the object, can the
other one take it back? Some say “no” - because the court would not
allow a perpetual feud. Others say that “yes, he can take it back.”
One rational for this principle is
that the true owner would eventually come up with the proof of his
claim. Furthermore, the true owner would strive more vigorously to
retain his property, while the thief would not, knowing that his
victory may be short-lived, because the owner may subsequently prove
his claim.
In a case where ownership of a
property is disputed – for example, one side says, “It belonged to my
forefathers” and the other side says, “It belonged to my forefathers,”
but neither litigant can prove his claim – the court withdraws and
allows the litigants to fight over possession of the property.