Study Bava Batra folio 148A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
שכיב מרע שאמר ״תנו הלואתי לפלוני״ – הלואתו לפלוני, ואף על גב דליתיה בבריא! רב פפא אמר: הואיל ויורש יורשה.
With regard to a person on his deathbed who says: Give the loan owed to me to so-and-so as a gift, the loan owned to him is acquired by so-and-so. And this is the halakha despite the fact that this does not apply in the case of a healthy person, as one cannot transfer a loan to a third party without a promissory note. Rav Pappa says: In this case the halakha of transferring loans differs with regard to a person on his deathbed, since an heir inherits loans without a promissory note, and the rabbis accorded the gift of a person on his deathbed the halakhic status of an inheritance.
רב אחא בריה דרב איקא אמר: הלואה איתא בבריא, וכדרב הונא אמר רב – דאמר רב הונא אמר רב: ״מנה לי בידך, תנהו לפלוני״; במעמד שלשתן – קנה.
Rav Aḥa, son of Rav Ika, said: A loan without a promissory note can be conferred as a gift by a healthy person. And this is in accordance with that which Rav Huna says that Rav says, as Rav Huna says that Rav says: With regard to one who said to another: I have 100 dinars in your possession, give it to so-and-so, if this was stated in the presence of all 3 of the parties, the third party acquires the money without an act of acquisition and without the need for witnesses.
איבעיא להו: דקל לאחד ופירותיו לאחר, מהו? מי שייר מקום פירי, או לא שייר? אם תמצי לומר: לאחר לא הוי שיור; לעצמו – ״חוץ מפירותיו״, מהו?
§ A dilemma was raised before the rabbis: With regard to one who gave a palm tree to one person and its fruit to another, what is the halakha? Did he reserve the place of the fruit on the tree for the second person in order to give him a tangible object, and therefore the second person acquires the fruit, or did he not reserve it, and the second person does not acquire the fruit? Furthermore, if you say that giving the palm tree to one person and giving the fruit to another is not considered reserving the place of the fruit unless this is explicitly stipulated, then if he reserves the fruit for himself, stating that the tree is given to another except for its fruit, what is the halakha?