Talmud Bavli
Talmud Bavli

Reference for Bava Batra 304:8

בסורא מתנו הכי בפומבדיתא מתנו הכי אמר רב ירמיה בר אבא שלחו ליה מבי רב לשמואל ילמדנו רבינו שכיב מרע שכתב כל נכסיו לאחרים וקנו מידו מהו שלח להו אין אחר קנין כלום

[it might have been assumed that] in that [case only] Samuel adheres<span class="x" onmousemove="('comment',' Lit., 'said'. ');"><sup>20</sup></span> to [his opinion];<span class="x" onmousemove="('comment',' Since there was no symbolic acquisition. ');"><sup>23</sup></span> but in that [case]'<span class="x" onmousemove="('comment',' Where symbolic acquisition did take place. ');"><sup>24</sup></span> it might have been suggested [that] he agrees with Rab. [Hence both were] required. At Sura they taught as above.<span class="x" onmousemove="('comment',' Lit., 'thus', ');"><sup>25</sup></span> At Pumbeditha they taught as follows.<span class="x" onmousemove="('comment',' Lit., 'thus', ');"><sup>25</sup></span> R. Jeremiah b. Abba said: [The following enquiry] was sent from the academy<span class="x" onmousemove="('comment',' [Or, 'from the school of Rab', after Rab's death in 247.] ');"><sup>26</sup></span> to Samuel. 'Will our Master instruct us [as to] what [is the law in the case where] a dying man gave all his estate to strangers, in writing; and symbolic acquisition [also] took place,<span class="x" onmousemove="('comment',' Cf. supra p. 656, n. 4 and 5. ');"><sup>27</sup></span> [but was not entered in the deed]?'<span class="x" onmousemove="('comment',' And subsequently the estate was presented to a second person. (Cf. R. Gersh.) The question is whether, under such circumstances, the first or the second acquires the ownership of the estate. ');"><sup>28</sup></span> He replied<span class="x" onmousemove="('comment',' Lit., 'sent'. ');"><sup>29</sup></span> to them: 'After [symbolic] acquisition no withdrawal is of any avail'.<span class="x" onmousemove="('comment',' Lit., 'there is nothing'; and the first donee acquires the legal ownership of the gift. Samuel's view, supra, that the existence of a deed in addition, to symbolic acquisition may imply a desire, on the part of the testator to postpone until after his death the donee's acquisition of the gift does not apply to this case, since here symbolic acquisition had not been entered in the deed itself. (CF. R. Gersh.). [V. however' Rashb., who refers the question back to the case of [H] where the deed was delivered to the first donee.] ');"><sup>30</sup></span>

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