Bava Batra 151 - Shabbat November 23, 22 Cheshvan
Description
What else does the word "possessions" include?
Some stories are brought of women on their deathbeds who promised their property to one person and then changed their minds and promised it to someone else. The rabbis debated what the ruling should be - if one's word on one's deathbed and as if they were already acquired, is one not able to change one's mind?
A case is brought of a woman who gave her possessions to her son before her second marriage to prevent them from going to her husband. When she later got divorced, was she able to retrieve her possessions from her son?
Another case was a woman who would give her orchard to her brother every time she got sick, as she thought she was dying. Each time she got better, the gift would be canceled. One time, at her request, he acquired it in a way that it would be effective even if she lived - he had her leave over a bit and did a kinyan. However, Rav Nachman ruled that since she said she was giving it to him because she thought she would die, once she got better, the kinyan was ineffective.
The Gemara clarifies the case of a gift on one's deathbed where one only gives away part of one's property. Some understand that the gift is effective even if there was no kinyan and quoted this in the name of Rav Nachman. But Rava corrects them and explains that Rav Nachman holds that the Mishna was referring only to cases where a kinyan was effected, meaning that if one gave away not all of his possessions and then died or got better, if the gift was given without a kinyan, the person would not acquire the possessions. Additionally, if one did do a kinyan and didn't give away all of one's possessions but stated that it was because the person thought they were dying, then if they got better, the gift would be returned to him/her.