Bava Batra 292:1

אמרה ליה מן יהיב לן מכותבות דיריחו ואכלנא ביה נפל עלה חורבה ומתה אמרו חכמים הואיל ולא נכנס אחריה אלא לבודקה מתה אינו יורשה:

She said to him, 'Would that one gave me of the dates of Jericho and I would eat with it.'<span class="x" onmousemove="('comment',' Jericho was famous for its dates which were so sweet that radishes had to he eaten with them to mitigate their excessive sweetness. ');">¹</span> [Thereupon] the ruin fell upon her and she died. The Sages decided:<span class="x" onmousemove="('comment',' Where the husband claimed her possessions as her heir. ');">²</span> Since he only followed her in order to test her,<span class="x" onmousemove="('comment',' And had he found her to he defective, as he suspected, he would have insisted on divorcing her, he forfeited thereby his rights to be her heir. As soon as one determines to divorce his wife, if she were found to be suffering from some defect, he loses the privileges of an heir unless a reconciliation between them subsequently took place. ');">³</span> he is not [entitled to be] her heir [if] she died [during the test]<span class="x" onmousemove="('comment',' Since in that case there was no time for their reconciliation before death took place. ');">⁴</span>

סבלונות מועטין שתשתמש בהן בבית אביה וכו': יתיב רבין סבא קמיה דרב פפא ויתיב וקאמר בין שמתה היא ובין שמת הוא הדר הוא סבלונות הדרי מאכל ומשתה לא הדר הדרא בה איהי הדרא אפילו כישא דירקא אמר רב הונא בריה דרב יהושע ושמין להן דמי בשר בזול עד כמה בזול עד תילתא:

FEW PRESENTS WHICH SHE WAS TO USE AT THE HOUSE OF HER FATHER, ETC. Rabin the elder sat before R. Papa and stated [the following]: Whether she died, or he died, [or] he retracted,<span class="x" onmousemove="('comment',' And divorced her. ');">⁵</span> the wedding gifts are to be returned, foodstuff[s] and drink[s]<span class="x" onmousemove="('comment',' Sent by the bridegroom to the bride. ');">⁶</span> are not to be returned. If [however] she retracted, even a bundle of vegetables [must be returned]. R. Huna the son of R. Joshua said: And it is valued for them<span class="x" onmousemove="('comment',' Where foodstuffs are returned, ');">⁷</span> at the cheap[er] price of meat,<span class="x" onmousemove="('comment',' Or any other foodstuff. ');">⁸</span>

<big><strong>מתני׳</strong></big> שכיב מרע שכתב כל נכסיו לאחרים ושייר קרקע כל שהוא מתנתו קיימת לא שייר קרקע כל שהוא אין מתנתו קיימת:

Up to how much is [considered] cheap? — Up to a third.<span class="x" onmousemove="('comment',' Below the current market price. ');">⁹</span> <b><i>MISHNAH</i></b>. IF A DYING MAN GAVE ALL HIS PROPERTY IN WRITING, TO OTHERS, AND LEFT [FOR HIMSELF] SOME [PIECE OF] LAND<span class="x" onmousemove="('comment',' The size is given in the Gemara infra. ');">¹⁰</span> HIS GIFT<span class="x" onmousemove="('comment',' Even if he recovers from that illness. ');">¹¹</span> IS VALID.<span class="x" onmousemove="('comment',' Since he left for himself some land it is assumed that he did not intend the gift to be conditional upon his death, and it is. therefore, regarded as having been given by a man in good health. It is, consequently. valid even if he recovered from his illness. ');">¹²</span>

<big><strong>גמ׳</strong></big> מאן תנא דאזלינן בתר אומדנא אמר רב נחמן רבי שמעון בן מנסיא היא דתניא הרי שהלך בנו למדינת הים ושמע שמת בנו ועמד וכתב כל נכסיו לאחר ואחר כך בא בנו מתנתו מתנה רבי שמעון בן מנסיא אומר אין מתנתו מתנה (שאלמלא) היה יודע שבנו קיים לא היה כותבן

[IF, HOWEVER,] HE DID NOT LEAVE [FOR HIMSELF] SOME [PIECE OF] LAND, HIS GIFT IS INVALID<span class="x" onmousemove="('comment',' If he recovered. Since he left nothing for himself it is obvious that at the time he made the gift he did not expect to live any longer. Had he hoped to recover from his illness he would not have given away all his landed property, leaving himself destitute. ');">¹³</span> <b><i>GEMARA</i></b>. Who is the Tanna [that holds the view] that the assumed motive<span class="x" onmousemove="('comment',' [H] lit., assumption'. 'estimation'. ');">¹⁴</span> is a determining factor?<span class="x" onmousemove="('comment',' Lit., 'that we go after assumption', i.e., that the assumed motives and intentions of a testator are to be taken into consideration when deciding the legality of his 'statements In our Mishnah, the assumed motive and intention are obviously the determining factors (V., notes 3, 4); who is its author? ');">¹⁵</span> — R. Nahman replied: It [is the view of] R. Simeon b. Menasya. For it was taught: In the case of [a person] whose son went to a distant country<span class="x" onmousemove="('comment',' Lit., 'country of (i.e., beyond) the sea'. ');">¹⁶</span>

רב ששת אמר ר' שמעון שזורי היא דתניא בראשונה היו אומרים היוצא בקולר ואמר כתבו גט לאשתי הרי אלו יכתבו ויתנו חזרו לומר אף המפרש והיוצא בשיירא רבי שמעון שזורי אומר אף המסוכן

and having heard that the latter had died. assigned all his property, in writing. to a stranger. though his son subsequently appeared. his gift is. [nevertheless]. legally] valid.<span class="x" onmousemove="('comment',' Since it was not specifically made conditional upon his son's death. ');">¹⁷</span> R. Simeon b. Menasya said: His gift is not [legally] valid; for had he known that his son was alive, he would not have given it away.<span class="x" onmousemove="('comment',' Lit., 'write them'. Thus it has been shown that R. Simeon b. Menasya takes the assumed motive and intention into consideration, ');">¹⁸</span> R. Shesheth said: It [is the view of] R. Simeon Shezuri.<span class="x" onmousemove="('comment',' Others, 'of Shezar', [Sedschut between Akko and Kefar 'Anan, in Gallilee. v. Klein, NB. p. 7.] ');">¹⁹</span> For It was taught: At first it was held [that] when one who was led out in chains,<span class="x" onmousemove="('comment',' [H] 'collar', the chain, or iron band round a prisoner's neck. ');">²⁰</span>

ורב נחמן מאי טעמא לא מוקים לה כרבי שמעון שזורי שאני התם דאמר כתבו ורב ששת מ"ט לא מוקים לה כרבי שמעון בן מנסיא אומדנא דמוכח שאני

said, 'Write a bill of divorce for my wife', It is to be written and delivered [to her];<span class="x" onmousemove="('comment',' Though he only authorized the writing of the divorce, and not its delivery, it is assumed that he had forgotten to mention the latter owing to the perturbed state of his mind ');">²¹</span> later, however, It was held<span class="x" onmousemove="('comment',' Lit., 'they returned to say'. ');">²²</span> [that the same law applies] also [to] one who goes out [to sea] or on a caravan [journey]. R. Simeon Shezuri said: [The same law] also [applies to one] who is dangerously [ill]<span class="x" onmousemove="('comment',' Because it is assumed that his motive and intentions were to have his wife divorced so that she might be exempt from the levirate marriage and from halizah.. Since the same principles of motive and intention underlie the law of our Mishnah, it may be taken to represent the view of R. Simeon Shezuri. ');">²³</span> For what reason, however, does not R. Nahman establish it<span class="x" onmousemove="('comment',' Our Mishnah. ');">²⁴</span>

מאן תנא להא דתנו רבנן הרי שהיה חולה ומוטל במטה ואמרו לו נכסיך למי ואמר להן

in accordance with [the view of] R. Simeon Shezuri? — There [the case is] different, since he said, 'write'.<span class="x" onmousemove="('comment',' By this instruction It was made clear that he wished his wife to be legally divorced; and since this cannot be done without the delivery of the bill of divorcement, his instruction must he taken to, extend to, the delivery also. For the case of our Mishnah, however, this argument cannot be applied. ');">²⁵</span> And why does not R. Shesheth establish it<span class="x" onmousemove="('comment',' Our Mishnah. ');">²⁴</span> in accordance with [the view of] R. Simeon b. Menasya? — A well grounded assumption<span class="x" onmousemove="('comment',' In the case of the father who gave all his property to a stranger. since he did not give it away so long as he believed his son to he alive, it is clear that the sole reason why he gave it away subsequently was the reported death of his son. ');">²⁶</span> is different.<span class="x" onmousemove="('comment',' From the case of our Mishnah Since most ailing persons recover, there is not necessarily any reason for the assumption that the gift was due to the testator's belief that he would not recover. ');">²⁷</span> Who is the author of the following ruling<span class="x" onmousemove="('comment',' Lit., 'who taught that'. ');">²⁸</span> which was taught by our Rabbis? 'If a person was lying ill in bed, and was asked, "To whom [shall] your estate [be given]?" and he replied