Responsa for Bava Batra 302:10

וממאי דלא קנו מיניה דומיא דגט מה גט לאו בר קנין אף האי נמי דלא קנו מיניה התם נמי במצוה מחמת מיתה

— There [it was a case] of an Instruction [clearly] given owing to [the expectation of] death.<span class="x" onmousemove="('comment',' I.e., she stated distinctly the reason of the gift she was making. An instruction given in such circumstances, if followed by the death of the testator, requires no symbolic acquisition whether a portion of, or all the estate was presented. ');">²³</span> Rabina raised an objection against Raba: If a person said, 'Give this bill of divorce to my wife', or, '[Give] this writ of emancipation to my slave', and he died, it must not be delivered after [his] death.<span class="x" onmousemove="('comment',' Since a divorce or the liberation of a slave does not take effect until actual delivery of the respective documents has taken place, and by that time the husband or master is dead and be can neither divorce nor liberate. ');">²⁴</span> [If. however, he said.] 'Give a <i>maneh</i> to X, and he died, it is to be given [to X] after [the testator's] death!<span class="x" onmousemove="('comment',' Git. 13a. Even though, apparently, there was no symbolic acquisition. How, then, can Raba maintain that such acquisition is required? ');">²⁵</span>

Teshuvot Maharam

Teshuvot Maharam