Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 227:3

אמר רב יוסף כוותי דידי מסתברא דאמר רב יהודה שלשה שנכנסו לבקר את החולה רצו כותבין רצו עושין דין ואי סלקא דעתך כל זמן שיושבין ליחוש דלמא הדר ביה

Three [persons] who came to visit a sick man may, if they wish, [either] write down [his instructions with reference to the disposal of his estate, or], if they prefer it, give judgment.<span class="x" onmousemove="('comment',' V. p. 469, n. 16 supra. ');"><sup>10</sup></span> Now, if it is assumed<span class="x" onmousemove="('comment',' Lit., 'if it enters your mind'. ');"><sup>11</sup></span> [that the testator may withdraw] during the whole time the session is in progress, [how can they give judgment?<span class="x" onmousemove="('comment',' Which has the power to make the testator's instructions legally and irrevocably binding at once. ');"><sup>12</sup></span> Surely it may he apprehended that he might withdraw!<span class="x" onmousemove="('comment',' Before the session was over, the testator might change his mind, and thus annul all the work of the court. ');"><sup>13</sup></span> — R. Ashi said: Discussing this tradition in the presence of R. Kahana, [I argued:] Is this<span class="x" onmousemove="('comment',' The statement of Rab Judah which R. Joseph quoted in support of his view. ');"><sup>14</sup></span>

Teshuvot Maharam

Q. A formally released his mother, L, from the obligation of taking the required oath regarding her ketubah, and gave her the right to will the property to whomever she might please, to sons and to daughters, to give more to some and less to others, on condition that she transfer to A a particular piece of real property forthwith. Immediately after the formal release, however, A said to his mother that since this real property was mortgaged, her release was not to become effective till she redeem it for him. L promised to redeem it. Now, however, she refuses to do so.
A. Unless L redeem the above property, her agreement with A is void, for A's last stipulation proves that he had originally agreed to release L on condition only that she transfer the property to him unencumbered by mortgages. Moreover, a stipulation made immediately after an agreement is concluded, but while the matter is still being discussed, becomes part of the agreement (B. B. 114a).
SOURCES: Cr. 96.
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