Kiddushin 79B

מי מוציא מיד מי?

The halakha is that a moribund person who transfers all of his property to others without leaving anything for himself can retract his bequest upon regaining his health. This is due to the assumption that one would give away all his possessions only if he believes he is going to die, and the bequest was therefore made in error. By contrast, if a healthy person gave all his property to others, he cannot later retract his bequest. The tanna’im discuss the case of one who gave away all his property and later, seeking to retrieve his property, claims that he was moribund at the time, while the recipients of the bequest maintain that he was healthy. Who is able to remove the property from the possession of whom?

הוא מוציא מידם בלא ראיה, והן אין מוציאים מידו בלא ראיה, דברי רבי יעקב. רבי נתן אומר: אם בריא הוא ⁠– עליו להביא ראיה שהיה שכיב מרע, ואם שכיב מרע הוא ⁠– עליהם להביא ראיה שבריא היה.

He is able to remove his property held by others from their possession without needing to bring proof that he was moribund at the time, and they may not remove the property from his possession, if he still is in possession of the property, without proof that he was healthy. This is the statement of R' Ya’akov. R' Natan says: If he is currently healthy, the obligation is upon him to bring proof that he was on his deathbed at the time of the bequest, and if he is now on his deathbed, the obligation is upon them to bring proof that he was healthy at the time of the bequest.

נימא רב דאמר כרבי נתן ושמואל דאמר כרבי יעקב? אמר לך רב: אנא דאמרי אפילו כרבי יעקב. עד כאן לא קאמר רבי יעקב התם דאיכא למימר העמד ממון על חזקתו, אבל הכא מי נימא העמד גוף על חזקתו?!

The Talmud suggests: Let us say that Rav spoke in accordance with the opinion of R' Natan that one’s current status is paramount, and Shmuel spoke in accordance with the opinion of R' Ya’akov, who holds that the question of whether he was moribund remains a matter of uncertainty, and they may not claim the property from him even if he is now healthy. The Talmud rejects this: Rav could have said to you: I spoke even in accordance with the opinion of R' Ya’akov, as R' Ya’akov states his opinion only there, because it can be said that the principle of: Leave the property in its previous status, applies, so the property should remain where it is. But here, with regard to the question of when a young woman became a grown woman, should we say: Establish the body according to its previous status? It is obvious that her body was due to mature.