Commentary for Bava Batra 270:13

היכי דמי מיפה את כחו

if, however, it be said [that] R. Johanan had said it, [was] it necessary [for] R. Eleazar to corroborate the view of R. Johanan his master? And, furthermore, come and hear [the following which proves] that R. Eleazar had recited it. For Rabin sent in the name of R. Abbahu: Be [it] known to you that R. Eleazar has sent [word] to [those in] the diaspora<span class="x" onmousemove="('comment',' [Heb. [H] denoting generally Nehardea, the earliest and most important centre of Babylonian Judaism; after its destruction in 259 by Odenathus its place was taken by Pumbeditha, which then became also known as Golah (v. R.H. 23a and Lewin, Methiboth I).] ');">³⁴</span> in the name of our Master<span class="x" onmousemove="('comment',' Rab, or Abba Arika, ');">³⁵</span> [that] if a dying man said, 'Write and deliver a <i>maneh</i> to X', and he died, they must neither write nor deliver, since it is possible that he has determined to give him the right of ownership by means of the deed only, and no deed [may serve as a means of acquiring possession] after [the testator's] death. And R. Johanan said,<span class="x" onmousemove="('comment',' in amplification of the previous statement. ');">³⁶</span> '[The matter]<span class="x" onmousemove="('comment',' Whether the testator wished the beneficiary to acquire possession by means of the receipt of the deed only. ');">³⁷</span> shall be investigated'. What is meant by, 'it shall be investigated'? — When R. Dimi came<span class="x" onmousemove="('comment',' From Palestine. ');">³⁸</span> he said:<span class="x" onmousemove="('comment',' He made two statements, the second of which explains the method of the investigation. ');">³⁹</span> [i]. [One] will annuls [another] will.<span class="x" onmousemove="('comment',' A dying man who bequeathed his estate in his will to one person can cancel this by making a second will in favour of another person. ');">⁴⁰</span> [ii], [If] a dying man said, 'Write [a deed] and give a <i>maneh</i> to X' and he died, [his motive] is inquired into.<span class="x" onmousemove="('comment',' Lit., '(they) see'. ');">⁴¹</span> If [it was] to strengthen his claim,<span class="x" onmousemove="('comment',' That the beneficiary shall have documentary proof of the gift. ');">⁴²</span> [the deed] is written; but if not,<span class="x" onmousemove="('comment',' If the object of the deed was to make acquisition of the gift dependent upon the receipt of the deed by the beneficiary. ');">⁴³</span> it is not written.<span class="x" onmousemove="('comment',' For it is possible that the testator had since changed his mind. ');">⁴⁴</span> R. Abba b. Memel raised an objection: [It was taught,] 'If a person in good health said, "Write [a deed] and deliver a <i>maneh</i> to X", and he died, they must neither write nor deliver.' But, [it follows,<span class="x" onmousemove="('comment',' Since a person 'in good health' had been mentioned. ');">⁴⁵</span> in the case of] a dying man, they may both write and deliver!<span class="x" onmousemove="('comment',' Because a dying man's instructions must be scrupulously adhered to. How, then, could it be said above that his motive must be inquired into first? ');">⁴⁶</span> — He raised the objection and he himself explained it: [This refers to the case] where [the testator desired] to strengthen his<span class="x" onmousemove="('comment',' The beneficiary's. ');">⁴⁷</span> claim. How is one to understand [whether a testator desired] to strengthen [the beneficiary's] claim?

Mordechai on Bava Batra