When the default ruling conflicts with the apparent evidence or the prevailing probability, which takes precedence?

Question : The questioner says: Honorable Shaykh, if the default ruling conflicts with the apparent evidence or the default ruling conflicts with the prevailing probability, which takes precedence? May Allah reward you with good.

Answer : I refer this questioner to a rule from the rules of Ibn Rajab in the principles of jurisprudence, in which he (may Allah have mercy on him) mentioned that sometimes the apparent evidence takes precedence and sometimes the default ruling takes precedence. He cited several issues regarding this, so let him refer to them in the principles of jurisprudence. However, there is no harm in us mentioning an example of this.
The default ruling is that what is in a person's possession is his property. And whoever claims it must provide proof. For example, I have this fan; the default is that it is my property. So if someone claims it is his, he must provide proof. The scholars say that this default may be contradicted by a strong apparent evidence that overrides it. They gave as an example a man who divorced his wife. They disputed over the household utensils. She said that all the household utensils are hers: the pots, the jugs, and the incense burners; all the utensils are hers. He said that the utensils which only men use are his. So here we have a default and an apparent evidence.
When the woman claimed that the pots, jugs, and incense burners were hers, they were in her possession. Now the husband says these are mine. So we have a default and an apparent evidence. What is the default? The default is that what is in the woman's possession is hers. The apparent evidence is that what is suitable for a man is his. Another example: two men, one is fleeing and has a headscarf in his hand. The other is pursuing him and has nothing on his head. The first has a headscarf on his head and a headscarf in his hand, and the second is pursuing him with nothing on his head. He says, "O so-and-so, fear Allah, give me my headscarf. Give me my headscarf." And the other says to him, "It is not yours." Whom do we prioritize? Allahu Akbar. We have, we have a default.
And we have an apparent evidence. What is the default? The default is that what is in a person's possession is his, and that the one who has a headscarf on his head and a headscarf in his hand owns both headscarves. The apparent evidence is that the second headscarf belongs to the one who is being pursued, right? Because now he is bald, he has nothing with him, and he is pursuing this man, saying, "O so-and-so, my headscarf, my headscarf." He says, "No, it is mine." We say the apparent evidence is with the second man, so we prioritize the apparent evidence. Is this certain or precautionary? It is precautionary, not certain, because there is a possibility that a man saw a good headscarf in the hand of a person who also had a headscarf on his head, so he threw his headscarf at him and caught up with the second man, saying, "My headscarf, my headscarf," for the sake of the new headscarf. There is a possibility in this, so we say we prioritize the apparent evidence as a precaution.