Commentary for Bava Batra 311:10

<big><strong>מתני׳</strong></big> המחלק נכסיו על פיו ר' אלעזר אומר אחד בריא ואחד מסוכן נכסים שיש להן אחריות נקנין בכסף ובשטר ובחזקה ושאין להן אחריות אין נקנין אלא במשיכה

[one is regarded] as being under age.<span class="x" onmousemove="('comment',' Supra 155b, q.v. for notes. ');">²⁶</span> The law [is] in accordance with Giddal b. Menashya.<span class="x" onmousemove="('comment',' That a youth of the age of thirteen and one day, who is able to carry on business transactions, may sell the estate he inherited from his father, whether it consists of movables or of real estate. ');">²⁷</span> The law [is] in accordance with Mar Zutra.<span class="x" onmousemove="('comment',' That the evidence of a youth who is unable to transact business and is of the age of thirteen and one day, is legal only in the case of a dispute on movable objects, but not in that of real estate. ');">²⁸</span> The law is according to Amemar.<span class="x" onmousemove="('comment',' That the gift made by such a youth (of the age and character described in the previous note) is legal, though a sale be contracted is invalid. ');">²⁹</span> And the law is in accordance with [what] R. Nahman said in the name of Samuel, in all [cases].<span class="x" onmousemove="('comment',' Mentioned above. In the case of betrothal, divorce, halizah and declarations of refusal, age alone is no guide unless signs of maturity also appeared. As regards the legality of the sale of an estate inherited from his Father, a youth, if be is not intelligent enough to carry on business transactions, must be twenty years of age, and must also produce signs of maturity. If at the age of twenty no signs of maturity had appeared. the youth remains legally a minor until he had obtained the age of thirty-six, unless marks of a saris had meanwhile made their appearance. ');">³⁰</span> <b><i>MISHNAH</i></b>. IF [A PERSON] DISTRIBUTED HIS POSSESSIONS VERBALLY, R. ELEAZAR<span class="x" onmousemove="('comment',' Others, R. Eliezer. ');">³¹</span> SAID, WHETHER HE WAS IN GOOD HEALTH OR DANGEROUSLY ILL, [ALL] REAL ESTATE<span class="x" onmousemove="('comment',' Lit., 'possessions which have a secure foundation. ');">³²</span> IS ACQUIRED BY MEANS OF MONEY,<span class="x" onmousemove="('comment',' Which the buyer pays for the land. ');">³³</span> DEED<span class="x" onmousemove="('comment',' Setting out and confirming the sale. ');">³⁴</span> AND POSSESSION,<span class="x" onmousemove="('comment',' The buyer performs some kind of work on the land purchased. ');">³⁵</span> WHILE MOVABLE OBJECTS<span class="x" onmousemove="('comment',' Lit., 'possessions which have no secure foundation'. ');">³⁶</span> ARE ONLY ACQUIRED BY MEANS OF PULLING.<span class="x" onmousemove="('comment',' Heb., meshikah, v. Glos, R. Eleazar is of the opinion that a dying man's verbal instruction has no more legal force than that of a person in good health. Hence, unless legal acquisition took place, the donee acquires no possession even if the donor died; and in case of recovery, the donor may retract even where only a part of his estate had been given away. ');">³⁷</span>

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