Responsa for Bava Batra 296:13
איבעיא להו הקדיש כל נכסיו ועמד מהו מי אמרינן כל לגבי הקדש גמר ומקני או דלמא כל לגבי נפשיה לא גמר ומקני
recovered [the following objection may be raised].<span class="x" onmousemove="('comment',' To the argument that the Baraitha supplies no proof to the statement that the partial withdrawal is considered complete withdrawal, ');"><sup>34</sup></span> If it is said [that] partial withdrawal is [considered] complete withdrawal, one can at least understand why the second acquires possession;<span class="x" onmousemove="('comment',' Because when the part was given to him, the rest of the estate having been withdrawn from the first, the testator was in possession of some property. ');"><sup>35</sup></span> if, however, It is said [that] partial withdrawal is not [considered] complete withdrawal, [the testator] should be [regarded] as one who distributes [his possessions]<span class="x" onmousemove="('comment',' Since the first is retaining the remainder of the estate while the second acquires possession of its part. ');"><sup>36</sup></span>
Teshuvot Maharam
A. A must pay two marks to the holy cause. A mere verbal promise to a holy cause is as binding as a similar promise to an individual accompanied by any manner of conveyance that serves to validate such promise. Since a conditional promise classified as asmakhta is valid if accompanied by a kinyan and made before an authoritative court, a mere promise of this kind made to charity or to a holy cause is binding, even though the promise was not made before an authoritative court. The validity of a conditional promise made before an authoritative court does not stem from the court's power of confiscation, otherwise no kinyan would have been required. Moreover, the power of confiscation by a Jewish court is invoked only for the furtherance of proper conduct in accordance with Jewish principles (לפגדר מלתא) but not for the sake of validating private transactions.
This responsum was addressed to Rabbi Solomon "a prominent scholar from France".
SOURCES: Am II, 99; Mord. B.K. 44; cf. Cr. 299–300; Pr. 493; Agudah B.K. 51; Asher, Responsa 13, 2; Isserlein, Pesakim 53.
Teshuvot Maharam
A. Mrs. M. probably withdrew her promise to donate something to the synagogue. A gift made causa mortis even to a holy cause can be rescinded. The money and valuables found in her room, therefore, belong half to R. Zemah and half to his sisters. R. Isaac must return the eight marks to Mrs. M's heirs, for the proper thing to do with money of a deceased person, is to return it to the heirs.
This Resp. is addressed to R. Jacob and the community of Linpurk.
SOURCES: Pr. 998: Mord. B. B. 624; Mordecai Hagadol, p. 326d; Agudah B. B. 202. Cf. Maharil, Responsa 75; Isserlein, Pesakim 73.