Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 294:2

רבא אמר רב נחמן מתנת שכיב מרע מדרבנן בעלמא היא שמא תטרף דעתו עליו

But did R. Nahman say so?<span class="x" onmousemove="('comment',' That the validity of the verbal gift of a dying man n only Rabbinical. ');"><sup>5</sup></span> Surely R. Nahman said: Although Samuel had stated that if a person sold a bond of indebtedness to another and subsequently<span class="x" onmousemove="('comment',' Lit., 'and he returned'. ');"><sup>6</sup></span> remitted [the debt] it is remitted,<span class="x" onmousemove="('comment',' And the buyer cannot claim the debt from the borrower. He only bought the rights of the creditor which now exist no more. He can, however, reclaim from the creditor (the seller) the sum he paid him for the bond. ');"><sup>7</sup></span> and that even an heir may remit,<span class="x" onmousemove="('comment',' A debt he inherited. ');"><sup>8</sup></span>

Teshuvot Maharam

Q. B claims that he gave A fifteen pounds to lend it on interest for two years and then give the principal and the interest to B's son if he should consent to marry A's daughter. B's son, however, refused to marry A's daughter and B wants his money back. A claims that he had originally accepted B's money as a dowry for his daughter, that he had taken possession of the gift for her, and that the money, therefore, belongs to her.
A. A dowry gift becomes the property of the donee only if the marriage takes place. Therefore, neither A nor his daughter has ever gained title to B's money, and A must return the principal plus the interest to B. Even if B expressly stipulated that he will forfeit the 15 pounds if the marriage does not take place, such a stipulation is considered an Asmakhta and is not valid. B, however, must pay A for his trouble in managing B's investments.
SOURCES: Cr. 86; Pr. 285; Mord. B.B. 615; Agudah B.B. 198.
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