Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 273:6

א"ר יוחנן הלכה כרבן שמעון בן גמליאל ומודה שאם נתנן במתנת שכיב מרע לא עשה כלום

Abaye said: Who is a cunning rogue? — He who counsels<span class="x" onmousemove="('comment',' [Rashb.; R. Gersh, renders, 'who takes counsel with himself.'] ');"><sup>16</sup></span> to sell an estate,<span class="x" onmousemove="('comment',' Which was given to a person with the stipulation that after his death it shall be transferred to another person. ');"><sup>17</sup></span> in accordance with Rabban Simeon b. Gamaliel.<span class="x" onmousemove="('comment',' Though the sale is morally wrong, since the original owner meant the second beneficiary to have the estate after the death of the first, it is legal in accordance with the view of Rabban Simeon b. Gamaliel. [According to the explanation of Rashb., it is only he who counsels, that is dubbed 'cunning rogue', since he derives no benefit therefrom.] ');"><sup>18</sup></span>

Teshuvot Maharam

Q. While still in good health, A deposited a sum of money with B and instructed him to give it to his (A's) son C upon the latter's marriage. A died. Subsequently, but before his marriage, C also died. Can A's widow collect her ketubah from the money deposited with B, or must B return the money to C's heirs?
A. Since C did not marry before A's death, and since the money never came into C's possession, it never belonged to C, and A's widow is, therefore, entitled to collect her ketubah from that money. A widow is entitled to collect her ketubah from all bequests made causa mortis, and from all gifts that are not legally to be delivered to the donee (as in cases where the donor died before the stipulated date of delivery of the gift) but which must be so delivered for the reason that "it is a meritorious act to fulfill the expressed wishes of a dying person" (Gittin, 15a).
SOURCES: Pr. 966; Mord. B.B. 629.
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