Talmud Bavli
Talmud Bavli

Commentary for Bava Batra 274:11

אמר רבי אבא בר ממל ולא פליגי

Even Rabban Simeon b. Gamaliel gave his decision only [in the case where the original owner had assigned the estate] to another [person], but not when [it is to return] to [the owner] himself'.<span class="x" onmousemove="('comment',' Here, the woman stipulated that the tree shall revert to her. Hence, R. Bibi's transfer to his son is legally invalid. ');"><sup>21</sup></span> Raba said in the name of R. Nahman: [If one said to another], 'This ox is given to you as a gift on the condition that you return it to me', [and the recipient] consecrated, and returned it, both the consecration and the restitution are legally valid.<span class="x" onmousemove="('comment',' Lit., it is consecrated and returned'. ');"><sup>22</sup></span> '[But] what', asked Raba of R. Nahman, 'has he returned to him?'<span class="x" onmousemove="('comment',' The consecrated animal can no longer be used by him. ');"><sup>23</sup></span> 'And what', replied the other, 'has he taken away from him?'<span class="x" onmousemove="('comment',' The ox he presented has been returned bodily intact. ');"><sup>24</sup></span> But, said R. Ashi, the matter is looked into: If he said to him, 'on condition that you return it' [he has no claim upon the donee, for] he had surely returned it, if, [however], he said to him, 'on condition that you return it to me', [he can claim compensation], since he implied [that the return must be of] a thing which he may use. Rab Judah said in the name of Samuel: [If a person] assigned his estate, in writing, to another, and the latter<span class="x" onmousemove="('comment',' Lit., 'that one'. ');"><sup>25</sup></span> said, 'I do not want it', he acquires possession [of it] even if he stands and protests.<span class="x" onmousemove="('comment',' Lit., 'cries'. ');"><sup>26</sup></span> R. Johanan, however, said: He does not acquire possession. R. Abba b. Memel said: There is [really] no difference of opinion between them;

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