Bava Batra

THEY  SAID UNTO HIM: THE MOTHER OF THE SONS OF ROKEL ONCE FELL ILL; AND SHE SAID, 'LET MY BROOCH WHICH IS WORTH TWELVE MANEH BE GIVEN TO MY DAUGHTER', AND WHEN SHE DIED, HER INSTRUCTIONS WERE CARRIED OUT!  HE REPLIED TO THEM: [AS TO] THE SONS OF ROKEL, MAY THEIR MOTHER BURY THEM! GEMARA. It was taught: R. Eliezer  said to the Sages, 'Once there lived  a man of Meron  in Jerusalem and he possessed much movable property which he desired to give away as gift[s]. He was told, [however. that] there was no means [of carrying out his wish] unless he transferred possession [to the donees]  by virtue of land [transferred to them at the same time]. He consequently  purchased a rocky  piece of land near Jerusalem and gave the following instructions:  "Its northern side [shall be given] to X, and [together] with it a hundred sheep and a hundred casks; and its southern side [shall be given] to Y, and together with it a hundred sheep and a hundred casks". And when he died the Sages carried out his instructions'.  They  replied to him, '[Is there any] proof from there? The Meronite was in good health'! HE REPLIED TO THEM: [AS TO] THE SONS OF ROKEL, MAY THEIR MOTHER BURY THEM! Why did he curse them? — Rab Judah said in the name of Samuel: They allowed thistles to grow in [their] vineyard; and R. Eliezer [is thereby consistent] with his view. For we learnt: If [a person] allows thistles to grow in a vineyard he [thereby], R. Eliezer says, causes [the fruit] to be forbidden;  and the Sages say: one does not cause [the fruit of a vineyard] to be forbidden unless [he grows] a plant the like of which [people] usually allow to grow.  Said  R. Hanina: What is R. Eliezer's reason? Because in Arabia they allow thistles to grow in their fields [as fodder] for their camels. R. Levi said: [Symbolic] acquisition may be acquired from a dying man  even on the Sabbath;  but [this is] not due to a consideration of the view of R. Eliezer,  but to the possibility that his  [peace of] mind might be disturbed. MISHNAH. R. ELIEZER  SAID: ON THE SABBATH, HIS [VERBAL] INSTRUCTIONS  ARE LEGALLY VALID, BECAUSE HE IS UNABLE TO WRITE,  BUT NOT ON A WEEK-DAY.  R. JOSHUA SAID: [IF] THEY SAID [THIS]  IN [RESPECT OF] THE SABBATH  HOW MUCH MORE SO IN [THE CASE OF] A WEEK-DAY?  SIMILARLY: ONE MAY ACQUIRE OWNERSHIP ON BEHALF OF A MINOR  BUT NOT ON BEHALF OF [A PERSON WHO IS] OF AGE,  THESE ARE THE WORDS OF R. ELIEZER. R. JOSHUA SAID: [IF THEY ALLOWED POSSESSION  TO BE ACQUIRED] ON BEHALF OF A MINOR,  HOW MUCH MORE SO ON BEHALF OF [A PERSON WHO IS] OF AGE. GEMARA. Whose [version is represented in] our Mishnah? — It [is that of] R. Judah. For it was taught: R. Meir stated, 'R. Eliezer said: On a week-day his [verbal] instructions  are legally valid because he is able to write,  but not on the Sabbath.  R. Joshua