Tuesday, January 19, 2010

Bava Batra 151 – Will in Anticipation of Death

Rav Dimi bar Yosef's sister had an orchard. Whenever her health worsened, she would transfer the orchard to him as a sickbed gift, and when she recovered, she would retract the gift.

Once, she felt weak and sent a message to him, "Come, acquire the orchard from me," but Rav Dimi did not come. She sent a message: "Come, acquire it in any way you wish." Rav Dimi did go and asked her to give him only a portion and perform a formal act of acquisition, hoping to make the gift irreversible. She did all that, then recovered and reneged on the gift, but Rav Dimi did not want to return it.

She went to Rav Nachman, who ruled that since she said, "Woe, I am dying!" she made the gift only under the impression that she was dying and thus may still retract.

Art: Girl with a Red Hat by Johannes Vermeer

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