Jun 192017
 

Study Guide Bava Batra 148

One cannot transfer intangible items – like the right to live in a house or the right to future fruits from a tree.  Even on one’s deathbed.  However, the question is asked – if one transfers the tree to one person and the fruits to another, does that work – as he is potentially just “leaving over” the fruits and not including them in his sale.  And if that doesn’t work, would it work in a case where he sells the tree but retains rights for himself to the fruits?  If one divides up one’s property and possessions on one’s deathbed and then becomes healthy again, even if those were all of that person’s known possessions, one should be concerned that maybe the person has other possessions in another country and therefore the gift is a good gift.  This seems to contradict the mishna.  How can this be explained?  If one gives away money on one’s deathbed and then changes one’s mind about part of the funds, does that cancel the entire first gift or only part?

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