תלמוד בבלי
תלמוד בבלי

פירוש על בבא בתרא 81:6

Rashbam on Bava Batra

What if the deed is unspecified - Because there are two versions of Rav Yosef, and there is a difference in that one implies that an unspecified deed is invalid, and the other that it is valid, we ask here, on which one do we rely in the case the deed is unspecified, he did not tell them to sit in the marketplace and outside, and he did not tell them to go and hide, is this considered a concealed gift or not. And there are commentaries that relate the question to...but I do not agree...
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Rashbam on Bava Batra

We are not concerned - for it is not concealed and therefore valid.
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Rashbam on Bava Batra

We are concerned - that it is concealed and therefore we don not collect with it. But if it used to collect the gift is not returned. There was such an instance. And that is the reason that that Rav Ashi does not say that we do not collect, but that we are concerned, since it is a doubt and the land should remain where it is.
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Rashbam on Bava Batra

And the Halakha is that we are concerned - We do not collect with it, and therefore he has to write within the deed: and this is what he told us: write it in the marketplace and sign it outside. And even though he did not say this, but they wrote this in the deed, it is as if he said it, for he wanted the deed to be written according to rabbinical regulations.
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Rif Bava Batra

The Talmud asks what do we do if there is no (publicity) clause? Ravina says we are not concerned, Rav Ashi says we are concerned. And the Halakha is that we are concerned. Rav Hai Ga'on writes "we are not normally concerned with wills that don't include a (publicity) clause. It is an every day event that we remove assets, for it is a mitzvah at a time of death, through gifts, and transfers are completed and we are not concerned that they do not include a publicity clause". And he further wrote that "a person on his deathbed who says do not publicize this request until after I die, is not considered a concealed gift, for since it will be carried out after his death, at that time it was not concealed, for he told the witnesses that after he dies it will be revealed, and clearly it will be revealed, for he told them that after his death they should do what is in the will, and there is no need to be concerned with a concealed gift."
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