Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 302:2

אתאי לקמיה דרב נחמן שלח ליה תא לא אתא אמר מאי איתי הא שיירה וקנו מינה שלח ליה אי לא אתית מחינא לך בסילוא דלא מבע דמא

and [symbolic] acquisition from her was [also] arranged.<span class="x" onmousemove="('comment',' Lit., 'and they (i.e., witnesses) acquired from her', by means of symbolic acquisition, on behalf of R. Dimi. Legal acquisition under such conditions prevents the testator from withdrawing the gift on recovery unless a specific declaration was made at the time making it evident that the presentation was due to the expectation of death. ');"><sup>4</sup></span> As she [again] recovered she retracted [and] came before R. Nahman.<span class="x" onmousemove="('comment',' To reclaim her piece of orchard. ');"><sup>5</sup></span> He sent for him.<span class="x" onmousemove="('comment',' Lit., 'to him, come'. ');"><sup>6</sup></span>

Teshuvot Maharam

Q. Before her death, Leah, in the presence of witnesses, said: "All my possessions shall go to B and C except what I have already given to charity." After her death, B and C found some of her possessions in A's hands. They demanded these possessions from A who, in turn, claimed that Leah gave them to him as a gift mortis causa before she gave anything to B and C.
A. If, while making the gift to A, Leah indicated that she was making such a gift in fear of approaching death, then her final words, giving everything to B and C, prevail, since she probably changed her mind regarding her gift to A. A, then, must return the property to B and C. But, if Leah made no mention of death when she gave some of her possessions to A, then such a gift is in the category of a "sick man's gift of part of his property" (Baba Batra 151b) which requires a kinyan (formal act of possession). Since in this case, there was a kinyan (the property was in A's possession at the time of the gift), the property belongs to A.
SOURCES: Cr. 206; Pr. 34; L. 344; Tesh. Maim to Kinyan, 12. Cf. Tur Hoshen Mishpat 250; ibid. Beth Joseph ad. 1.
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Teshuvot Maharam

Q. Before her death, Leah, in the presence of witnesses, said: "All my possessions shall go to B and C except what I have already given to charity." After her death, B and C found some of her possessions in A's hands. They demanded these possessions from A who, in turn, claimed that Leah gave them to him as a gift mortis causa before she gave anything to B and C.
A. If, while making the gift to A, Leah indicated that she was making such a gift in fear of approaching death, then her final words, giving everything to B and C, prevail, since she probably changed her mind regarding her gift to A. A, then, must return the property to B and C. But, if Leah made no mention of death when she gave some of her possessions to A, then such a gift is in the category of a "sick man's gift of part of his property" (Baba Batra 151b) which requires a kinyan (formal act of possession). Since in this case, there was a kinyan (the property was in A's possession at the time of the gift), the property belongs to A.
SOURCES: Cr. 206; Pr. 34; L. 344; Tesh. Maim to Kinyan, 12. Cf. Tur Hoshen Mishpat 250; ibid. Beth Joseph ad. 1.
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