Bava Batra

but as [soon as] she recovered she withdrew. On one occasion she fell ill and sent [word] to him, 'Come [and] take possession'. He replied,  'I have no desire'. [Thereupon] she [again] sent [word] to him, 'Come [and] take possession in whatever manner you desire'.  [Then] he went, left for her [some portion of the intended gift]  and [symbolic] acquisition from her was [also] arranged.  As she [again] recovered she retracted [and] came before R. Nahman.  He sent for him.  He, [however,] did not come, saying, 'Why should I come? Surely, [some portion of the estate] was left to her and [symbolic] acquisition from her [also] took place.'  [Thereupon] he sent to him, [the following message]: 'If you do not come I will chastise you with a thorn that causes no blood to flow'.  He  asked the witnesses how the incident had occurred, [and] they told him [that when she sent for her brother] she exclaimed thus: 'Alas that I am dying'.  He said unto them: If so, the disposal  [of her estate was] due to [her expectation of] death, and he that gives instructions owing to [his expectation of] death, may retract. It was stated: [In the case where] a dying man presented a part  [of his estate], Raba  said in the name of R. Nahman: It is like the gift of a man in good health and requires [symbolic] acquisition. The Rabbis reported the following,  in the presence of Raba, in the name of Mar Zutra, son of R. Nahman, who reported in the name of R. Nahman: It is like the gift of a man in good health; and it is like the gift of a man who is dying. 'It is like the gift of a man in good health', in that if he recovered he [can] not retract; and 'it is like the gift of a man who is dying', in that no [symbolic] acquisition is required.  Raba said unto them: Did I not tell you [that] you shall not hang empty jars on R. Nahman?  Thus said R. Nahman: It is like the gift of a man in good health and requires [symbolic] acquisition. Raba raised an objection against R. Nahman: [IF] HE LEFT [FOR HIMSELF] ANY LAND WHATSOEVER, HIS GIFT IS VALID.  Does not [this refer to the case] where no [symbolic] acquisition from him took place?  — No; where symbolic acquisition did take place. If so.explain the second clause: [IF. HOWEVER] HE DID NOT LEAVE [FOR HIMSELF] ANY LAND WHATSOEVER, HIS GIFT IS INVALID!  Now if, [as you assert, our Mishnah refers to the case] where symbolic acquisition took place.  why is his gift invalid? — He replied unto him: Thus said Samuel, 'If a dying man gave all his property, in writing, to strangers, although [symbolic] acquisition took place,  he may retract if he recovered, because it is known that he disposed  [of his estate] only on account of [his expectation of] death. R. Mesharsheya raised an objection against Raba: The mother of the sons of Rokel once fell ill and she said, 'Let my brooch  be given to my daughter', and it was worth twelve maneh,' and when she died they fulfilled her words?  — There [it was a case] of an Instruction [clearly] given owing to [the expectation of] death. Rabina raised an objection against Raba: If a person said, 'Give this bill of divorce to my wife', or, '[Give] this writ of emancipation to my slave', and he died, it must not be delivered after [his] death.  [If. however, he said.] 'Give a maneh to X, and he died, it is to be given [to X] after [the testator's] death!  — And what reason is there to assume that no symbolic acquisition took place?  — [Because it  is obviously] similar to a bill of divorce;  as a bill of divorce is not an object for [symbolic] acquisition.  so this  also [was not attended by] a symbolic acquisition!  — There  also [it is a case] of one giving instructions [clearly] on account [of his expectation] of death. R. Huna the son of R. Joshua replied: Elsewhere, an Instruction [given] owing to [the expectation of] death requires [symbolic] acquisition. but the Mishnayoth mentioned refer [to the case]  of one who distributed all his estate,  for in such a case it was given the same legal force as  the gift of a dying man. And the law is [that where] a dying man presented a part [of his estate].  [symbolic] acquisition is required although he [subsequently] died. [If. however] his instructions [concerning the gift] were due to [his expectation of] death, no [symbolic] acquisition is required. This, however, [only] when he died; [if] he recovered he [may] retract even though [symbolic] acquisition from him took place.