Bava Batra 136 - November 8, 7 Cheshvan
What is the language in a document that makes it clear that the document itself only served to strengthen the commitment of the person on their deathbed, and was not meant as a document necessary for affected the transaction? What wording must be used to designate one's property to others in his lifetime when he is healthy? Rabbi Yehuda holds that one must write "From today and after my death." Rabbi Yossi does not require adding "From today." Once this is written, the property is considered to belong to the recipient, while the proceeds belong to the giver. Can either of them sell their rights to their share? Why does the language of "From today and after my death" work here, but it is not effective in a divorce document? Raba bar Avuha accepted Rabbi Yossi's opinion because the date on the document makes it clear that it is in effect from the date it was written, even without adding the words "from today." If an act of acquiring was performed from the giver to witnesses on behalf of the recipient, this would preclude the need for writing "from today," even according to Rabbi Yehuda. However, there is a debate about whether this applies across the board or is it dependent on the language used in the document. If the recipient sells their rights and then predeceases the giver, does the buyer acquire the property upon the giver's death or does it revert to the giver's heirs? Rabbi Yochanan and Reish Lakish disagree on this based on a debate about whether one who acquires proceeds to an item (in this case the giver retains rights to the proceeds) is considered the main owner of the item. They debate this issue in another case as well. Why is there a need to mention their debate here if it could be inferred from the other case? To answer this question, the Gemara explains why one could have differentiated between the cases. Rabbi Yochanan raises a difficulty from a braita on Reish Lakish's position, but it is resolved.