Soncino English Talmud
Bava Batra
Daf 153a
They understood him to mean [that] this decision [applied only to the case of withdrawal in favour] of a stranger but not for himself. R. Hisda, [however]. said unto them: When R. Huna came from Kafri he explained it [to mean]. 'whether for himself or for others'. There was a certain [man] from whom [symbolic] acquisition was taken, who came before R. Huna. [The latter] said, 'What can I do for you [in such a case] where you did not transfer possession as [other] people do?' There was a certain [deed of] a gift in which there was entered, 'in life and in death'. Rab said: Behold it is [to be treated] like the [usual] gift of a dying man; and Samuel said: Behold it is [to be treated] like the gift of a man in good health. Rab said, 'Behold, it is like the gift of a dying man — since it contains the entry. 'in death', [the testator] meant [thereby] the donee [to acquire possession] after death, while the insertion, 'in life', was just for good luck; and Samuel said, 'Behold, it is like the gift of a man in good health' — since it contained the entry, 'in life', [the testator thereby] meant [to transfer possession] while he was alive, while his entry of, 'and in death', [is only] like one saying. 'from now and for evermore'. The scholars of Nehardea stated: The law is in accordance with [the decision] of Rab. Raba said: If, however, the deed contains the entry. 'from life', [the donee] acquires [immediate] possession. Amemar said: The law is not according [to the view] of Raba. Said R. Ashi to Amemar: [Is not this] obvious, seeing that the scholars of Nehardea distinctly said [that] the law was in accordance with [the decision] of Rab! — It might have been assumed [that where the entry was]. 'from life', Rab agrees, hence it was necessary to teach us [otherwise]. There was a certain [person] who once came [with an enquiry] to Nehardea before R. Nahman, [but] he sent him to Shumtamya before R. Jeremiah b. Abba, declaring. 'This is Samuel's province; how could we act in accordance with [a decision] of Rab!' There was a certain [woman] who once came before Raba [to ask for his ruling]. [As] Raba gave his decision in accordance with his traditional [teaching] she worried him. He [consequently] said to R. Papa. the son of R. Hanan, his scribe: Go, write for her [a statement [ but add to it,'He may hire at their expense or deceive them'. She called out, 'May your ship sink! Are you trying to fool me?' Raba's clothes were soaked in water; and yet he did not escape the drowning. MISHNAH. IF HE HAS NOT ENTERED IN IT [THAT] HE WAS LYING SICK, [AND] HE [NOW] PLEADS, 'I WAS LYING SICK', AND THEY PLEAD, 'YOU WERE IN GOOD HEALTH, HE MUST PRODUCE EVIDENCE THAT HE WAS A DYING MAN; [THESE ARE] THE WORDS OF R. MEIR. THE SAGES, HOWEVER, SAY: HE WHO CLAIMS FROM THE OTHER MUST PRODUCE THE PROOF. GEMARA. Once a [deed of a] gift contained the entry, 'As he was lying sick in his bed', but not, 'And as a result of his illness he departed from the world'.
Sefaria