REVACH L'DAF
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SUMMARY
1. The Gemara discusses the case of a person on his deathbed who gave away all of his possessions, and it includes how the act of acquisition may be performed.
2. The Beis Midrash of Rav in the name of Rav says that such a gift cannot be retracted even if he recovers.
3. Shmuel: It is possible that this type of gift is not valid at all.
4. If a dying man wrote that all of his possessions shall go to Reuven, and later wrote that they shall go to Shimon, and neither received the document, they go to Shimon.
5. However, there is a dispute about whether this is the case if the dying man first gave the document to Reuven.
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A BIT MORE
1. The quandary is whether or not to look at this as a gift from a person who is dying, which does not require a mode of acquisition, and which goes back to the giver if he miraculously recovers. The alternative is to say that since he included a mode of acquisition, he is implying that he is giving all of his possessions away whether or not he recovers (like a healthy person who gives away his possessions).
2. However, it is like the gift of a person on his deathbed in one aspect. If he says that a loan that is owed to him should be given to this person to whom he is giving his possessions, this is valid (even though a normal, healthy person cannot do that without the presence of the borrower, unless he has a loan document that he gives over).
3. Even if the Shechiv Mera dies, it is possible that he meant to give a present of a Shechiv Mera with a Kinyan, meaning that he thought this would be acquired only after he died through this document. However, since a person cannot give anything after he dies, the entire gift would be invalid.
4. Since neither person received the document, it is as if he merely spoke out his intentions verbally. We mentioned earlier that a dying person may retract his words, and therefore the second person receives his possessions.
5. Rav: Reuven acquires his possessions, as the dying man gave the document in order to make it like the gift of a healthy person that cannot be retracted. Shmuel: Shimon acquires his possessions, as this is like the gift of a dying man that can be retracted.
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