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
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.