Commentary for Bava Metzia 38:5
אי במתנת שכיב מרע נמי יהבה ניהליה לית בה פסידא דבתרייתא זכי דקא הדר ביה מקמייתא
If he gave it to the latter as the gift of a healthy person the latter suffers no loss [as a result of the donor's present change of mind], for when the two [documents] are produced the later [document] confers possession, as he retracted from the former. If, however, he gave it also to the latter as the gift of a dying person, the latter suffers no loss either, as [in such a case] the last person acquires [the gift],<span class="x" onmousemove="('comment',' As it is always the last word of a dying person that has legal validity. [So that in any case the person to whom the deed was actually given stands to lose nothing by the return of the earlier dated deed to the one in whose name the found deed is made out.] ');"><sup>5</sup></span>
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