Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 294:1

לתפלתו של כהן גדול

— In respect of the prayer of the High Priest [on the Day of Atonement]<span class="x" onmousemove="('comment',' When he offered up a special prayer for rain. If the signs indicated heavy rains. his prayer had to be modified. ');"><sup>1</sup></span> Raba,<span class="x" onmousemove="('comment',' At this point is resumed the discussion of the theme introduced by R. Zera (p. 634). ');"><sup>2</sup></span> however, said in the name of R. Nahman: The [validity of a verbal] gift of a dying man is a mere [provision] of the Rabbis<span class="x" onmousemove="('comment',' Biblically the gift would not be valid unless attended by actual or symbolic acquisition. ');"><sup>3</sup></span> lest his mind become affected.<span class="x" onmousemove="('comment',' As a result of any resistance which might be offered to his instructions. Hence, legal force was given to his verbal and informal instructions as if legal acquisition had taken place. ');"><sup>4</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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