Bava Basra Chart #9
Chart for Bava Basra Daf 146b-151b
A GIFT GIVEN BY A SHECHIV MERA
| DOES IT NEED A KINYAN? | IF HE RECOVERS, MAY HE RETRACT? | ||
| 1 | HE GAVE AWAY EVERYTHING | No | Yes (1) |
| 2 | HE GAVE AWAY ONLY PART OF HIS PROPERTY | Yes (2) | No |
| 3 | HE EXPLICITLY STATED THAT HE INTENDED TO DIE (3) (4) | No | Yes |
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FOOTNOTES:
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(1) If he makes a Kinyan when he gives away everything, Shmuel here (151b, and end of 152a, quoted by Rav Yehudah) says that he may still retract the gift if he recovers, since the fact that he gave away everything shows that he had in mind that he would die. The Gemara there (152a) explains, however, that this is true only when the Kinyan that he performed (or wrote in a Shtar) was specifically expressed in the phrasing of a "Yipuy Ko'ach" whereby he was giving the recipient additional strength in the gift. If he did not phrase the Kinyan as a "Yipuy Ko'ach," then Shmuel is in doubt whether he intended to give the gift as a Matnas Shechiv Mera or as a Matnas Bari, and, out of doubt, the recipient does not receive the gift (because if it was a Matnas Bari, it cannot take effect after the Shechiv Mera dies). (When the Gemara later on 152b quotes Shmuel as saying that "Ein Achar Kinyan Klum," implying that he may not retract the gift if he recovers, it is referring to a case in which the Shechiv Mera not only made a Kinyan, but also wrote his will in a Shtar and gave the Shtar ("Mezakeh") to the recipient; see Rashbam and Rishonim there).
(2) This has the status of a normal Matnas Bari, which needs a Kinyan. If he does not make a Kinyan, then the gift does not take effect at all. However, see row #3 and footnote #3 for an exception to this.
(3) "Metzaveh Machmas Misah." This applies even if he gave away only part of his property.
(4) Rav Nachman here (151b) says that it suffices for the Shechiv Mera to express grief over his impending passing, and he does not need to explicitly state that he is giving the gift only on condition that he does not live.