Imam al-Shafi'i (may Allah have mercy on him) said: "Then outwardly it (the item) is divided between the two of them in halves; and if neither of them finds proof (testimony), we will make each of them swear an oath against the claim of the other."
Sayyiduna Abu Musa (may Allah be pleased with him) said: Two men brought a dispute to the Messenger of Allah (peace and blessings be upon him); the dispute was over a camel, but neither of them had any proof, so the Messenger of Allah (peace and blessings be upon him) ruled that it be divided between them in halves.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21213