Bava Batra

because it is known that the [symbolic] acquisition took place  only on account of [his expectation of] death'!  He answered him  by [a wave of] his hand and remained silent.  When he rose, R. Nahman b. Isaac asked Raba, 'What did he indicate to you?' [Raba] replied to him,' That Rab Judah's report refers to the case] where [the testator] strengthened the donee's claims.'  In what manner [is it indicated that one wished to] strengthen the donee's claims? — R. Hisda replied: [By including in the deed the formula]. 'And we  acquired from him  in addition to this [presentation of the] gift.' [It is] obvious [that where a dying man] gave [all his estate] in writing to one man  and [subsequently] to another  the [law is the] very same as [that which] R. Dimi enunciated when he came, [vis., one] will annuls [another] will.  [If. however.] he wrote [a deed of the gift] and handed  it  to one  and [subsequently] wrote [a deed of the gift] and handed  it  to another,  Rab said: The first acquires [its] ownership; while Samuel said: The second acquires [its] ownership. Rab said, 'the first acquires [its] ownership' for  it is like the gift of a person in good health;  while Samuel said, the second acquires [Its] ownership', for it is like the gift of a dying man. But surely their  difference of opinion on the [principle] has [already] once been expressed in [the case of] the [deed of a] gift of a dying man, in which symbolic acquisition was entered!  [Both are] required. For if [their dispute] had been stated [in connection] with the first case,  [it might have been assumed that] in that [case only] Rab adheres  to [his opinion], because symbolic acquisition took place;  but in this case,  where no symbolic acquisition took place, it might have been suggested [that] he agrees with Samuel.  And if [their dispute] had been stated [in connection] with the second case,  [it might have been assumed that] in that [case only] Samuel adheres  to [his opinion];  but in that [case]'  it might have been suggested [that] he agrees with Rab. [Hence both were] required. At Sura they taught as above.  At Pumbeditha they taught as follows.  R. Jeremiah b. Abba said: [The following enquiry] was sent from the academy  to Samuel. 'Will our Master instruct us [as to] what [is the law in the case where] a dying man gave all his estate to strangers, in writing; and symbolic acquisition [also] took place,  [but was not entered in the deed]?'  He replied  to them: 'After [symbolic] acquisition no withdrawal is of any avail'.