Bava Batra 297:1

יהנה בהן מהי דניהוי כולהו מתנה קאמר או דלמא ליתהני מינייהו מידי קאמר יראה בהן מהו יעמוד בהן מהו ישען בהן מהו תיקו

What [if he<span class="x" onmousemove="('comment',' The testator. ');">¹</span> said]. 'Let him<span class="x" onmousemove="('comment',' The person named. ');">²</span> have the benefit of them'?<span class="x" onmousemove="('comment',' Of the possessions bequeathed. ');">³</span> Does he, [thereby] imply that they all shall be [treated as] a gift<span class="x" onmousemove="('comment',' For the donee. ');">⁴</span> or, perhaps, he [only] meant that he<span class="x" onmousemove="('comment',' The donee. ');">⁵</span>

איבעיא להו מכר כל נכסיו מהו אמר רב יהודה אמר רב אם עמד אינו חוזר וזימנין אמר רב יהודה אמר רב אם עמד חוזר ולא פליגי הא דאיתנהו לזוזי בעינייהו הא דפרעינהו בחובו

shall have some benefit from them? What [is the law where he<span class="x" onmousemove="('comment',' V. note 3 ');">⁶</span> said]. 'He<span class="x" onmousemove="('comment',' The donee. ');">⁵</span> shall see them', 'Stand in them', 'Recline upon them'?<span class="x" onmousemove="('comment',' Do these expressions legally ratify a gift? ');">⁷</span> — This is undecided. The question was raised: What [is the law' in a case where a dying man] has sold all his possessions?<span class="x" onmousemove="('comment',' May he, if he recovers, cancel the sale as he may withdraw a gift? ');">⁸</span>

איבעיא להו שכיב מרע שהודה מהו ת"ש דאיסור גיורא הוה ליה תריסר אלפי זוזי בי רבא רב מרי בריה הורתו שלא בקדושה ולידתו בקדושה הואי ובי רב הוה

— Rab Judah said in the name of Rab: If he recovered he may not withdraw; sometimes, however, Rab Judah said in the name of Rab [that] if he recovered he may withdraw. But there is no contradiction [between the two statements]. The one<span class="x" onmousemove="('comment',' Lit., 'that'. ');">⁹</span> [refers to the case] where the money is [still] available;<span class="x" onmousemove="('comment',' In such a case it is obvious that he kept the purchase money in readiness for the purpose of returning it should he recover and decide to cancel the sale. ');">¹⁰</span> the other<span class="x" onmousemove="('comment',' Lit., 'that'. ');">⁹</span> [to the case] where he paid away for his debt.<span class="x" onmousemove="('comment',' In such a case he cannot, on recovery, cancel the sale. ');">¹¹</span> The question was raised: What if a dying man [spontaneously] admitted [a debt]?<span class="x" onmousemove="('comment',' Or that the property he possessed belonged to another person. Is this spontaneous admission sufficient to entitle the person named to the ownership of the sum or objects mentioned? ');">¹²</span>

אמר רבא היכי ניקנינהו רב מרי להני זוזי אי בירושה לאו בר ירושה הוא אי במתנה מתנת שכיב מרע כירושה שויוה רבנן כל היכא דאיתיה בירושה איתיה במתנה כל היכא דליתיה בירושה ליתיה במתנה

— Come and hear: The proselyte Issur<span class="x" onmousemove="('comment',' Issur, while still a heathen, had married Rachel, one of Mar Samuel's captive daughters. (Cf. Keth. 23a). While she was in her pregnancy and before she gave birth to the child (the future R. Mari). Issur embraced Judaism; and Mari was accordingly born from parents both of whom professed the Jewish faith, while his conception took place when one of them was still a heathen. ');">¹³</span> had twelve thousand <i>zuz</i>: [deposited] with Raba. The conception of his son R. Mari was not in holiness,<span class="x" onmousemove="('comment',' l.e., while his father was still a heathen.V. n. 15. Hence he was not entitled to the heirship of his father's estate (v. Kid. 18a). ');">¹⁴</span> though his birth [was] in holiness, and he was [then] at school. Raba said: How could Mari gain possession of this money? If as an inheritance; [surely] he is not entitled to [it as] an heir.<span class="x" onmousemove="('comment',' V. p. 644, n. 16, ');">¹⁵</span> If as a gift; the gift [surely] of a dying man has been given<span class="x" onmousemove="('comment',' Lit., 'made'. ');">¹⁶</span> by the Rabbis [the same legal force] as [that of] an inheritance, [and consequently], whosoever is entitled<span class="x" onmousemove="('comment',' Lit., 'where he is'. ');">¹⁷</span>

אי במשיכה ליתנהו גביה אי בחליפין אין מטבע נקנה בחליפין אי אגב קרקע לית ליה ארעא אי במעמד שלשתן אי שלח לי לא אזילנא

to an inheritance is [also] entitled to a gift [and] whosoever is not entitled to an inheritance is not entitled to a gift [either]. If by pulling;<span class="x" onmousemove="('comment',' Meshikah, v. Glos., supra. ');">¹⁸</span> they are [surely] not with him. If by exchange;<span class="x" onmousemove="('comment',' Heb., halifin (V. Glos.). whereby possession may be gained though the object to be acquired is kept elsewhere. ');">¹⁹</span> a coin [can] not be acquired by 'exchange'.<span class="x" onmousemove="('comment',' Cf. B.M. 46a. ');">²⁰</span> If on the basis of land;<span class="x" onmousemove="('comment',' That might be presented to him at the same time. (V. Kid. 26a). One may acquire a movable object (including money) by the acquisition of land that was sold or presented simultaneously with it though the former may not actually be delivered at that time. ');">²¹</span> he has no land. If In the presence of the three of us;<span class="x" onmousemove="('comment',' Issur, Mari and Raba. Lit., 'three of them', v. supra 144a. A person may instruct another from whom he claims anything to give it to a third party; and, if all the three are present at the time the instruction was given, the transfer is immediately binding even though the object itself was not with them. ');">²²</span>

מתקיף לה רב איקא בריה דרב אמי אמאי ולודי איסור דהלין זוזי דרב מרי נינהו וליקנינהו באודיתא אדהכי נפק אודיתא מבי איסור איקפד רבא אמר קא מגמרי טענתא לאינשי ומפסדי לי

if he [were to] send for me I would not go.<span class="x" onmousemove="('comment',' And thus the money would remain in Raba's possession. who held the view that he was entitled, as anyone else, to retain the sum of money which, on the death of Issur who was a proselyte, would become ownerless and free to anyone who would first gain possession of it. ');">²³</span> R. Ika son of R. Ammi demurred: Why?<span class="x" onmousemove="('comment',' Surely there is a way by which R. Mari could obtain the twelve thousand zuz! ');">²⁴</span> Let Issur acknowledge that that money belongs to R. Mari and [the latter] would acquire it by [virtue of this] admission! Meanwhile,<span class="x" onmousemove="('comment',' The discussion at the academy having been reported to Issur. ');">²⁵</span> there issued [such] an acknowledgement from the house of Issur.<span class="x" onmousemove="('comment',' And R. Mari thus acquired ownership of the twelve thousand sins. ');">²⁶</span> [Whereupon] Raba was annoyed [and] said,'They teach people what to say<span class="x" onmousemove="('comment',' Lit., 'plea', 'argument'. ');">²⁷</span> and cause loss to me'.<span class="x" onmousemove="('comment',' It is possible that Raba had no intention whatsoever to appropriate Issur's money and that the whole discussion of the possible legal means whereby R. Mari could acquire possession of his father's money was only the master's method of impressing these subtle laws upon his students' minds. No one at the academy suspected for one moment that the master would in all earnestness desire to retain the money he held as a deposit from one who obviously confided in him. Had Raba been in earnest he would not have spoken publicly about such a matter when he well knew that Issur was still alive and could easily find legal means whereby to transfer possession to his son, if not to reclaim the deposit himself. Raba's pretended annoyance and ironical exclamation, 'They teach people what to say and cause me loss', must have been just a mild chiding to the students or their friends who deprived him of the satisfaction of passing on the money to R. Mari as a generous gift rather than as something legally due to him. The mention of the fact that R. Mari was [H] 'at the master's house', i e 'school', which according to the ordinary interpretations has not much point (cf. Strashun a.l.) receives a new significance. It was discussed by Raba publicly despite the fact that R. Mari was himself at the school (perhaps Raba's very own school) and would well be aware of the whole discussion and could, if he chose, report it himself to his father and give him the necessary legal advice. The mention of R. Mari's presence at the school is probably the key to the indication of Raba's integrity and honour. ');">²⁸</span>