Soncino English Talmud
Bava Batra
Daf 136a
— As R. Hisda said: [This is a case where the witnesses record,] 'And we have acquired [legal possession] of him, in addition to [the presentation of] this gift. [so] here also [the testator's motive may be known] when he declared, 'Also write, and sign, and deliver to him.' It was stated: Rab Judah said in the name of Samuel: The halachah is that [the deed of a gift] is written and delivered. And Raba in the name of R. Nahman said likewise: The halachah is that [the deed] is written and delivered. MISHNAH. IF A PERSON [DESIRES] TO GIVE HIS ESTATE IN WRITING TO HIS SONS, HE MUST WRITE, '[THIS ESTATE IS ASSIGNED] FROM THIS DAY AND AFTER [MY] DEATH'; THESE ARE THE WORDS OF R. JUDAH. R. JOSE SAID: THIS IS NOT NECESSARY. IF A PERSON ASSIGNED HIS ESTATE, IN WRITING, TO HIS SON [TO BE HIS] AFTER HIS DEATH, THE FATHER MAY NOT SELL [IT] BECAUSE IT IS ASSIGNED IN WRITING TO THE SON, AND THE SON MAY NOT SELL [IT] BECAUSE IT IS IN THE POSSESSION OF THE FATHER. IF THE FATHER SOLD [THE ESTATE]. THE SALE IS VALID UNTIL HIS DEATH. IF THE SON SOLD [IT], THE BUYER HAS NO CLAIM WHATSOEVER UPON IT UNTIL THE FATHER'S DEATH. GEMARA. [Of] what [avail] is it that he wrote, 'FROM THIS DAY, AND AFTER [MY] DEATH'? Surely we learnt, [if one inserts in a divorce]. 'from this day, and after [my] death', the divorce is valid and invalid; and if he dies she is subject to the law of halizah but not to that of the levirate marriage! — There it is doubtful whether it is a condition or a retraction. Here, however, [it is obvious that] he meant to say this to him. 'Acquire the land itself today; the fruit after [my] death'. R. JOSE SAID: THIS IS NOT NECESSARY. Rabbah b. Abbuha was indisposed [and] R. Huna and R. Nahman came in [to see him]. 'Ask him', said R. Huna to R. Nahman, '[is] the halachah in accordance with [the view of] R. Jose or [is] the halachah not in accordance with [the view of] R. Jose?' — 'I do not [even] know R. Jose's reason, replied the other, '[shall] I ask him [about] the halachah?' 'You inquire of him,' said [R. Huna] 'whether the halachah [is according to R. Jose] or not; and as to his reason I will tell you [it later].' [Thereupon, R. Nahman] inquired of [Rabbah], who replied to him, 'Thus said Rab: The halachah [is] in accordance with [the view of] R. Jose'. When they came out, [R. Huna] said to him. 'This is R. Jose's reason: He is of the opinion that the date of the deed proves its import,' Thus it was also taught [elsewhere]: R. Jose said, 'This is not necessary, because the date of the deed proves its import.' Raba inquired of R. Nahman: What [is the law] in [the case of a deed of transfer? — He said to him: in [the case of] a deed of transfer this is not required. R. Papi said: There are deeds of transfer where [this is] required, and there are deeds of transfer where [this is] not required. [If the deed reads]. 'He conferred upon him possession', [concluding with], 'and we acquired it from him', there is no need [for this]. [If, however, it reads], 'We acquired it from him' [concluding with], 'he gave him possession', this is required. R. Hanina of Sura demurred: Is there anything we do not know and the scribes would know? The scribes of Abaye were asked and they knew; the scribes of Raba, and they knew. R. Huna the son of R. Joshua said, whether [the order was]. 'He conferred upon him possession … and we acquired it of him', or, 'We acquired it of him … and he conferred upon him possession the insertion of 'from this day] is not required; and their dispute [has reference only to the case] where [the deed reads], 'a memorandum of the transaction that took place in our presence'. R. Kahana said: I mentioned the reported statements in the presence of R. Zebid of Nehardea, and he told me: You read thus, [but] we have the following version: Raba said in the name of R. Nahman, 'In [the case of] a deed of transfer this is not required whether [the formula was], 'He conferred upon him possession … and we acquired it of him' or, 'We acquired it of him … and he gave him possession'; their dispute [has reference only to the case] where [the formula is], 'a memorandum of the transaction that took place in our presence'. IF A PERSON ASSIGNED HIS ESTATE, IN WRITING TO HIS [TO BE HIS] AFTER HIS DEATH. It was stated: If the son sold [the estate] during the lifetime of his father, and died while his father was still alive,
Sefaria
Bava Kamma 88b · Yevamot 36b · Gittin 72a · Kiddushin 60a · Gittin 72a · Gittin 72a · Gittin 85b · Bava Metzia 108a · Bava Metzia 67b · Sanhedrin 29b · Yevamot 18b · Sanhedrin 69b · Bava Kamma 88b · Yevamot 36b
Mesoret HaShas
Bava Metzia 108a · Bava Metzia 67b · Sanhedrin 29b · Yevamot 18b · Sanhedrin 69b · Bava Kamma 88b · Yevamot 36b · Gittin 72a · Kiddushin 60a · Gittin 85b