Commentary for Bava Batra 302:12

והלכתא מתנת שכיב מרע במקצת בעיא קנין ואע"ג דמת מצוה מחמת מיתה לא בעיא קנין והוא דמת עמד חוזר ואף על גב דקנו מיניה

as a bill of divorce is not an object for [symbolic] acquisition.<span class="x" onmousemove="('comment',' Actual delivery of it being required. ');">²⁹</span> so this<span class="x" onmousemove="('comment',' The disposal of the maneh. ');">²⁷</span> also [was not attended by] a symbolic acquisition!<span class="x" onmousemove="('comment',' Cf. supra p. 656, n. 4. ');">³⁰</span> — There<span class="x" onmousemove="('comment',' The case of the maneh. ');">³¹</span> also [it is a case] of one giving instructions [clearly] on account [of his expectation] of death. R. Huna the son of R. Joshua replied: Elsewhere, an Instruction [given] owing to [the expectation of] death requires [symbolic] acquisition. but the Mishnayoth mentioned refer [to the case]<span class="x" onmousemove="('comment',' Lit., 'and when those Mishnayoth were taught'. ');">³²</span> of one who distributed all his estate,<span class="x" onmousemove="('comment',' In which case no symbolic acquisition is required. [The words that follow do not occur in some MSS. and are best left out.] ');">³³</span> for in such a case it was given the same legal force as<span class="x" onmousemove="('comment',' Lit., 'they made it'. ');">³⁴</span> the gift of a dying man.<span class="x" onmousemove="('comment',' Which requires no symbolic acquisition. ');">³⁵</span> And the law is [that where] a dying man presented a part [of his estate].<span class="x" onmousemove="('comment',' Lit., 'a gift … in part'. ');">³⁶</span> [symbolic] acquisition is required although he [subsequently] died. [If. however] his instructions [concerning the gift] were due to [his expectation of] death, no [symbolic] acquisition is required. This, however, [only] when he died; [if] he recovered he [may] retract even though [symbolic] acquisition from him took place.<span class="x" onmousemove="('comment',' Cf. supra p. 656, n. 4 and 5. ');">³⁷</span>

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