The wager of the winning party would be returned, but the loser's would be forfeited to the state. While the reasoning lay, in theory, in the idea of a sacrifice to the gods, its main effect was to discourage frivolous litigation since the sums laid down as wagers were substantial.
The victorious party's gains would be returned, while the defeated party's losses would go to the state. The justification for this practice was based on the idea of a sacrifice to the gods; its primary purpose was to discourage frivolous lawsuits due to the substantial stakes involved.