For the source text click/tap here: Bava Batra 34
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Does Jewish law ever recommend to two litigants to “fight it out” between them?
The Gemara on our daf appears to offer this ruling when it states kol d’alim gvar – whoever is stronger prevails – in a case where two people each claim a piece of land, and neither of them has a proof that is stronger than the other’s.
The Rosh explains that this ruling is based on the assumption that the one who exerts himself more powerfully is more likely the true owner, and we will work with that assumption unless the other party brings a proof to court.
We explore “might vs right” theory with specific attention to the Einstein-Freud letters 1932.