Soncino English Talmud
Bava Batra
Daf 138a
one refers to the case where he protested and the outset; the other, where he kept silent at first and then protested. R. Nahman b. Isaac said: [If a donor] transferred ownership to one through the medium of another and [the former] kept silent; and ultimately protested, we have arrived at a dispute between Rabban Simeon b. Gamaliel and the Rabbis. For it was taught: [If a person] had assigned to another, in writing, an estate of his, part of which consisted of slaves; and the latter said, 'I do not want them', they may, [nevertheless], if their second master was a priest, eat of the heave-offering. Rabban Simeon b. Gamaliel said: As soon as the donee had said, 'I do not want them', the heirs [of the testator] become their legal owners. And [when] we were discussing the subject [the question was raised, would] the first Tanna [consider the assignee legal owner] even if he stands and protests? — Raba, and some say R. Johanan, said: [in the case] where he protested from the outset, all agree that he does not acquire ownership. [If he first] kept silent and finally he protested. all agree that he does acquire ownership.'They are in disagreement only [in the case] where the [testator] transferred ownership to the donee through a third party, and [he at first] kept silent and finally he protested. [In such a case], the first Tanna holds the opinion [that] since he kept silent [at first] he acquired ownership, and that [the reason] why he protests [now is because] he has simply changed his mind. Rabban Simeon b. Gamaliel, however, holds the opinion [that] his final [act] proves what [he had in his mind] at the beginning, and that [the reason] why he did not then protest [is] because he thought. 'Why should I cry before they come into my possession! Our Rabbis taught: If a dying man said, 'Give two hundred zuz to X, three hundred to Y, and four hundred to Z', it must not be assumed [that] whoever is [mentioned] in the deed first gains possession [first]. Hence, [if] a note of indebtedness was produced against him, [the debt] is to be collected from all of them. [If], however, he said, 'Give two hundred zuz to X, and after him [three hundred zuz] to Y, and after him [four hundred zuz] to Z', the law is [that] whoever is [mentioned] first in the deed acquires possession [first]. Hence, [if] a note of indebtedness was produced against him, [the debt] is collected from the last [mentioned]. [If] he has not [enough], collection [of the balance] is made from the one [mentioned] before him. If the share of this one also does not suffice, collection [of the remaining balance] is made from the one mentioned first. Our Rabbis taught: If a dying man said, 'Give two hundred zuz to X [who is] my firstborn son, in accordance with his due', he receives these as well as [the portion of] his birthright. If, [however], he said, 'As his birthright'. he is given the choice. He may, if he wishes, receive these; he may, if he prefers, receive the portion of his birthright. [If] a dying man said, 'Give two hundred zuz to X [who is] my wife, in accordance with her due', she receives these as well as her kethubah. If, [however], he said 'as her kethubah'
Sefaria
Keritot 24b · Chullin 39b · Shabbat 146b · Gittin 50b · Bava Kamma 8a
Mesoret HaShas
Keritot 24b · Chullin 39b · Shabbat 146b · Gittin 50b · Bava Kamma 8a