Soncino English Talmud
Bava Batra
Daf 148a
If a dying man said, 'Give my loan to X', his loan is [immediately] acquired by X; although a man in good health has no [such power]! — R. Papa replied: Since an heir inherits it. R. Aha the son of R. Ika replied: A loan is also transferable in [the case of] a man in good health; and [this is) in accordance with [the statement] of R Huna in the name of Rab. For R. Huna said in the name of Rab: [If one said] 'You owe me a maneh, give it to X', in the presence of the three persons, X acquires possession. The question was raised: [If dying man gave instructions for his] date-tree [to be given] to one [person] and the fruit thereof to another, what [is the law.]? Has he [in such a case]. left [for himself] the place of the fruit or did he not leave? If [some reason] be found for the decision [that if the fruit were given] to another [person, the dying man does] not reserve [their place, the question may be asked]: What [is the law if] he said, except its fruit'? Raba said in the name of R. Nahman: [Even] if [some reason] be found for the decision [that in the case where the] date-tree [was given] to one [person] and the fruit thereof to another, the place of the fruit is not [regarded as] reserved, [if he specifically added,] 'Except its fruit', he [thereby] reserved the place of the fruit; and [this is] in accordance with [the view of] R, Zebid who stated that if he wished to attach mouldings to it he may do [so]. From this it clearly follows that because he reserved the upper storey he also reserved the place of the mouldings. [so] here also, since he said, 'Except its fruit'. he reserved the place of the fruit. R. Abba said to R. Ashi: We learnt it in connection with [the following statement] of R. Simeon b. Lakish. For R. Simeon b. Lakish stated: When someone, in selling a house to another, told him, 'On condition that the upper storey [remains] mine', the upper storey [remains] his.
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