Discussions for this daf
1. Achitofel's last will 2. 2 questions on Tosfos
DAF DISCUSSIONS - BAVA BASRA 147

Shmuel Tannenbaum asked:

Sholom Uvrocho:

My question is this: how can Rami bar yechezckel bring a proof to the din of tzavoas shchiv m'era from Achitofel, if achitofel committed suicide

and was never a shchiv m'era? also even if yes could it be that chazal would include in their takono someone who commits suicide?

thanks.

Shmuel Tannenbaum

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The Kollel replies:

The ROSH (9:18) proves from this Gemara that even a Yotzei b'Kolar, a person who expects to be put to death soon but is presently perfectly healthy, is treated as a Shechiv Mera, and if he distributes all of his worldly possessions the recipient acquires without making a Kinyan (and the giver may retract if he survives). As you write, the Rosh indeed seems to equate a suicide who is about to kill himself to a Yotzei b'Kolar.

The Rosh cites the RIF who says that a Yotzei b'Kolar is Metzaveh Machmas Misah (and even his partial gift can be retracted), see Pilpula Charifta there #3.

M. Kornfeld