Soncino English Talmud
Bava Batra
Daf 152a
It was stated: [As to] the gift of a dying man [in the deed of] which was recorded [symbolic] acquisition. the school of Rab in the name of Rab reported [that the testator] has [thereby] made him ride on two harnessed horses; but Samuel said: I do not know what decision to give on the matter. The school of Rab reported in the name of Rab, that he made him ride on two harnessed horses, for it is like the gift of a man in good health [and] 'it is [also] like the gift of a dying man. '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 dying man' in that, if he said [that] his loan [shall be given] to X, his loan [is to be given] to X. Samuel, however, had said, 'I do not know what decision to give on the matter' since it is possible that he decided not to transfer possession to him except through the deed, and no [possession by means of a] deed [may be acquired] after [the testator's] death. A contradiction was pointed out [between one statement] of Rab and another statement of his, and [between one statement] of Samuel and another statement of his. For Rabin sent in the name of R. Abbahu: Be [it] known to you that R. Eleazar had sent to the Diaspora in the name of our Master [that] where a dying man said, 'Write and deliver a maneh to X', and he died, they must neither write [the deed] nor deliver [the maneh], because it is possible that [the testator] had decided not to transfer possession to him except through the deed, and no [possession by means of a] deed [may be acquired] after [the testator's] death. And Rab Judah said in the name of Samuel [that] the law is that one may both write and deliver. [Does not this present] a contradiction [between one statement] of Rab and another statement of his [and between one statement] of Samuel and another statement of his? — There is no contradiction between the two statements of Rab. One [deals with the case] where symbolic acquisition took place; the other where no symbolic acquisition took place. There is [also] no contradiction between the two statements of Samuel, [because in the latter case the reference is to one] who [specifically] strengthened his claims. R. Nahman b. Isaac sat behind Raba while Raba was sitting before R. Nahman when he addressed to him the [following] enquiry: Did Samuel say. 'since it is possible that he decided not to transfer possession to him except through the deed, and no [possession by means of a] deed [may be acquired] after [the testator's] death'? Surely Rab Judah said in the name of Samuel, 'If a dying man gave all his property, in writing, to strangers. although [symbolic] acquisition took place. he may retract if he recovered