Wednesday, January 20, 2010

Did I really say that?

In an expansion of yesterday's Daf (Bava Batra 151) we read today (Bava Batra 152) that when someone is on their deathbed and they can give away whatever property they desire without a formal act of acquisition (kinyan). Check out yesterday's posting for an explanation of the term kinyan.  

However, if the person changes their mind they can retract their statement without a penalty.For example if David has cancer he can give all his property to his Lyle without question. Then if he reconsiders, he can give it to Jennifer and Lyle will get nothing. Today's daf questions what happens if we throw a contract or a formal kinyan into the mix. Rav says Lyle gets the money and Shmuel says it goes to Jennifer. As it turns out the we read in the Shulkan Aruch (Choshen Mishpat 250:13) that Jennifer gets the money.

Nevertheless, the ethic here doesn't lie in who wins the battle (although I was personally rooting for Lyle) but that David has the ability to change his mind. Yesterday we learned that we are commanded to believe and follow an ill person's wishes at all costs. Today we are reminded that often death is a confusing time. Medications, stress, fear, and doubts all cloud the mind and complicate our thoughts.

If our Daf teaches us anything, it is to remember that we should take seriously the wishes of those who are ill until they ask us not to. Then we should do what we can to give them a clean slate, not to chide them for sleepy comments, fearful derisions, and panicked pleas. The best gift we can give someone who is ill is unconditional acceptance, both of their words and of their right to retract them.


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