A person on his deathbed’s (shekhiv mayra’-שְׁכִיב מְרַע) gift is given on the condition that he dies. If he recovers, he can take back his gift. A healthy person’s gift is a revocable. Today’s daf TB Baba Batra 153 discusses the language of the gift document the shehiv mayra’ uses. A disagreement between Rav and Shmuel on the intent of the language.
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The Gemara relates: There was a deed pertaining to a certain gift of a
person on his deathbed, in which it was written that the gift is given
both in life and in death (בַּחַיִּים וּבַמָּוֶת). In such a
case, Rav says: It is like the gift of a person on his deathbed,
and if he recovers he can retract it. And Shmuel says: It is like the gift
of a healthy person, and he cannot retract it.
“The
Gemara explains: Rav says: It is like the gift of a person on his
deathbed. This can be inferred from the fact that it is written
in the deed that the gift is given in death. This means that the
giver is saying to him that the gift should take effect after his
death, and that which is written in the deed, that the gift is given in
life, is merely an auspicious omen, expressing hope that
the giver will live.
“And
Shmuel says: It is like
the gift of a healthy person. This can be inferred from the fact that
it is written in the deed that the gift is given in life. This means
that the giver is saying that the gift takes effect during his life,
i.e., immediately. And that which he wrote, that the gift is given in
death, is like one who says: From now and for evermore, i.e., that the gift
is not retractable. The Sages of Neharde’a say: The halakha is in
accordance with the opinion of Rav.” (Sefaria.org
translation)
What happens
if the document reads during one’s life (מֵחַיִּים)
instead of in life (בַּחַיִּים)? Rava rules that
this new language changes everything. “Rava said: And if it was written in
the deed that the gift is given during life and in death, the recipient acquires
the gift and it cannot be retracted, as this term indicates that the gift takes
effect while the giver still lives.” (Sefaria.org translation) When signing a
contract, you better make sure you understand the words before agreeing to it.
We believe
that words have power. God created the entire universe with 10 statements
(Genesis 1) The following story shows that we should also
watch what we say.
“The Gemara
relates: There was a certain woman who wrote in the deed that the gift
is given during life and in death. She came before Rava. Rava acted with
regard to her case in accordance with his halakhic ruling, and he
ruled that she cannot retract the gift. She did not accept the ruling, and she
constantly troubled him, saying that he had not judged her case
properly.
“Rava said
to Rav Pappa, his scribe, son of Rav Ḥanan: Go, write for her a ruling in
her favor, and write in the ruling the phrase: He may hire
replacements at their expense, or deceive them to get them to
return to work. This is a phrase from the mishna (Bava Metzia 75b) that
discusses the ruling in the case of one who hired laborers to perform a task
that cannot be delayed, and they quit. Rava intended this phrase to indicate to
the court that the ruling was merely a ruse in order to persuade the woman to
leave. The woman understood the ruse. She said: May his ship sink; you are
deceiving me. Rava had his clothes immersed in water so that the curse
should be fulfilled in this alternative manner, but even so he was not saved
from the sinking of his ship.” (Sefaria.org translation)
This woman
cursed Rava and her curse came true. From the story is seems to me that Rava
drowned. Nevertheless, I found this interesting tidbit on Wikipedia. “Jewish tradition holds that Rava and his study
companion Abaye are buried in a cave shown
on Har Yavnit (Ovnit).” (https://en.wikipedia.org/wiki/Rava_(amora))
I don’t know whether he drowned and they recovered his body or he died and was
buried like Jews of his era. Either way we should be very careful what we say
because words can never be retracted. Words have the power of their own.
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