Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 293:4

א"ר זירא אמר רב מנין למתנת שכיב מרע שהיא מן התורה שנאמר (במדבר כז, ח) והעברתם את נחלתו לבתו יש לך העברה אחרת שהיא כזו ואי זו זו מתנת שכיב מרע

[which<span class="x" onmousemove="('comment',' The superfluity of the expression of [H] or, according to others, of [H] ');"><sup>9</sup></span> implies that] there exists another transfer which is [the same] as this [one]. And which is it? It is the gift of a dying man.<span class="x" onmousemove="('comment',' As the transfer of a father's estate to a daughter takes place without symbolic acquisition so does the transfer of the gift of a dying man. ');"><sup>10</sup></span> R. Nahman in the name of Rabbah b. Abbuha said: [It may be derived] from the following.<span class="x" onmousemove="('comment',' Lit., 'from here'. ');"><sup>11</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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