Study Gittin folio 13B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
קסבר רב פפא, כי אמר רב – לא שנא במלוה, ולא שנא בפקדון.
The Talmud answers: Rav Pappa holds that when Rav said that a transfer in the presence of all 3 parties is effective, it is no different if this is referring to a loan from the first party to the second party, where it is an abstract monetary obligation that is transferred, and it is no different if it is referring to a deposit, where specific money is transferred. Just as the transfer is effective in the case of a loan, in which there is an abstract monetary obligation, it would be effective even if the money were not piled. For this reason, Rav Pappa explained that the Mishnah is referring to piled money due to the concern about a collection of a buried 100 dinars.
רב זביד מאי טעמא לא אמר כרב פפא? לא מיתוקמא מתניתין בשכיב מרע. ממאי? מדקתני: ״האומר תנו גט זה לאשתי ושטר שחרור זה לעבדי״, ומת – לא יתנו לאחר מיתה.
The Talmud asks the reverse question: What is the reason that Rav Zevid did not say in accordance with the explanation of Rav Pappa? The Talmud answers: He holds that it is not possible to establish the Mishnah as referring to a person on his deathbed. From where does he learn this? It is from the fact that it teaches: In the case of one who says: Give this bill of divorce to my wife, or: Give this bill of manumission to my slave, and then he dies, one should not give it after his death.
טעמא דמת, הא מחיים – נותנין; טעמא דאמר ״תנו״, הא לא אמר ״תנו״, אין נותנין; ושכיב מרע – אף על גב דלא אמר ״תנו״, נותנין.
The Talmud infers: The reason for this ruling is that the man died. However, if it was while he was still alive then one gives the document. The Talmud continues: Even during his lifetime the reason for the ruling is specifically that he said: Give, but if he did not say: Give, and merely commanded: Write a bill of divorce, then one does not give it. But this is not the case with regard to a person on his deathbed, as, although he did not say: Give, but simply commanded: Write, nevertheless, one gives the document. Evidently, this halakha cannot be referring to a person on his deathbed.