Bava Batra 153 – Was He Sick When Writing a Will?

A sickbed will ordinarily state that the donor wrote it "when he was sick and lying in bed," whereas the ordinary gift document generally specifies "while healthy."

Someone wrote a gift document but did not record that he was seriously ill or healthy, and then a dispute arose about the validity of the gift. The donor said, "I was sick when I wrote the document, and I have since recovered; hence, my recovery nullifies the gift," but the recipients said, "You were healthy, and the gift is therefore valid."

The giver must bring proof that he was seriously ill – these are the words of Rabbi Meir, but the Sages say that since recipients wish to collect from the giver, who is presently in possession of the property, they are the ones who must prove their claim.

Art: The Sick Bed by H. Lessing