Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 294:6

למימרא דסבר ר"נ מילתא דאיתא בבריא איתא בשכיב מרע דליתא בבריא ליתא בשכיב מרע והא אמר רבא אמר רב נחמן

that a man in good health may confer,<span class="x" onmousemove="('comment',' Lit., 'there is'. ');"><sup>20</sup></span> may also be conferred by<span class="x" onmousemove="('comment',' Lit.. 'there is not', i.e., that the only difference between the rights of a healthy, and those of a dying man consists in the privilege of the latter to transfer possession by a mere verbal instruction, while in the case of the former, actual or symbolic acquisition must take place. ');"><sup>21</sup></span> a dying man, [while those] which a man in good health cannot confer,<span class="x" onmousemove="('comment',' Lit.. 'there is not', i.e., that the only difference between the rights of a healthy, and those of a dying man consists in the privilege of the latter to transfer possession by a mere verbal instruction, while in the case of the former, actual or symbolic acquisition must take place. ');"><sup>21</sup></span> can neither be conferred by a dying man?<span class="x" onmousemove="('comment',' Lit.. 'there is not', i.e., that the only difference between the rights of a healthy, and those of a dying man consists in the privilege of the latter to transfer possession by a mere verbal instruction, while in the case of the former, actual or symbolic acquisition must take place. ');"><sup>21</sup></span> Surely Raba said in the name of R Nahman:

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.
Ask RabbiBookmarkShareCopy
Previous VerseFull Chapter