Dappim TB Baba Batra 34- 35 identifies three ways of resolving disputed money.

Dappim TB Baba Batra 34- 35 identifies three ways of resolving disputed money.

1.  כֹּל דְּאַלִּים גָּבַר “There was an incident where two people dispute the ownership of property. This one says: It belonged to my ancestors and I inherited it from them, and that one says: It belonged to my ancestors and I inherited it from them. There was neither evidence nor presumptive ownership for either litigant. Rav Naḥman said: Whoever is stronger prevails. (כֹּל דְּאַלִּים גָּבַר)” (Sefaria.org translation) Since no document nor hazakah exists, there’s no way a court resolve the dispute. Consequently, the court removes itself and tells the litigants settle it yourself. The Rosh writes Whoever is stronger prevails. (כֹּל דְּאַלִּים גָּבַר) is a rabbinic ordinance. Whoever acquires it first is the owner; however, this should spur on the true owner to find proof that the land or money is his so that the court will adjudicate correctly.

2.    שׁוּדָא דְּדַיָּינֵי  “case where two people produce two deeds of sale or gift for the same field that are issued on one day,” (Sefaria.org translation) Both documents were issued on the same day, but one of the documents had to be delivered first. That person would be the owner even though the court doesn’t know which one received the document first. So the judges use their discretion (שׁוּדָא דְּדַיָּינֵי) to determine who wins the case.

3.    יַחְלוֹקוּ “With regard to one who exchanges a cow for a donkey and the cow calved, and similarly one who sells his Canaanite maidservant and she gave birth, and this one, i.e., the seller, says: She gave birth before I sold either the cow or maidservant, and the offspring belongs to me; and that one, i.e., the buyer, says: She gave birth after I purchased her and the offspring belongs to me, the ruling is that they should divide the value of the newborn.” (Sefaria.org translation) Because both parties could  have a claim to the offspring and when there is a doubt about money involved we divide the assets between them (יַחְלוֹקוּ).