Related%20passage for Bava Batra 8:7

הַכּוֹתֵב נְכָסָיו לְבָנָיו, צָרִיךְ שֶׁיִּכְתֹּב מֵהַיּוֹם וּלְאַחַר מִיתָה, דִּבְרֵי רַבִּי יְהוּדָה. רַבִּי יוֹסֵי אוֹמֵר, אֵינוֹ צָרִיךְ. הַכּוֹתֵב נְכָסָיו לִבְנוֹ לְאַחַר מוֹתוֹ, הָאָב אֵינוֹ יָכוֹל לִמְכֹּר, מִפְּנֵי שֶׁהֵן כְּתוּבִין לַבֵּן, וְהַבֵּן אֵינוֹ יָכוֹל לִמְכֹּר, מִפְּנֵי שֶׁהֵן בִּרְשׁוּת הָאָב. מָכַר הָאָב, מְכוּרִין עַד שֶׁיָּמוּת. מָכַר הַבֵּן, אֵין לַלּוֹקֵחַ בָּהֶן כְּלוּם עַד שֶׁיָּמוּת הָאָב. הָאָב תּוֹלֵשׁ וּמַאֲכִיל לְכָל מִי שֶׁיִּרְצֶה. וּמַה שֶּׁהִנִּיחַ תָּלוּשׁ, הֲרֵי הוּא שֶׁל יוֹרְשִׁין. הִנִּיחַ בָּנִים גְּדוֹלִים וּקְטַנִּים, אֵין הַגְּדוֹלִים מִתְפַּרְנְסִים עַל הַקְּטַנִּים וְלֹא הַקְּטַנִּים נִזּוֹנִין עַל הַגְּדוֹלִים, אֶלָּא חוֹלְקִין בְּשָׁוֶה. נָשְׂאוּ הַגְּדוֹלִים, יִשְׂאוּ הַקְּטַנִּים. וְאִם אָמְרוּ קְטַנִּים הֲרֵי אָנוּ נוֹשְׂאִים כְּדֶרֶךְ שֶׁנְּשָׂאתֶם אַתֶּם, אֵין שׁוֹמְעִין לָהֶם, אֶלָּא מַה שֶּׁנָּתַן לָהֶם אֲבִיהֶם נָתָן:

If one writes over his property to his sons, he must write: "from today and after death," [connoting: The land itself is acquired by you from today, and you shall not eat its fruits until after (my) death. And if he does not write "from today," he gives him nothing, for there is no giving after death.] These are the words of R. Yehudah. R. Yossi says: He need not [write "from today." For since it is written in the deed: "On this and this day of the week, so and so said to us: 'Be witnesses for me, etc.'", the date indicates that the gift "began" on that day. For if this is not so, why need the date be written at all? The halachah is in accordance with R. Yossi.] If one writes over his property to his son after his death, [i.e., "from today and after death"], the father cannot sell it [without the son], for it is written over to the son, [i.e., the land itself is owned by the son], and the son cannot sell it [without the father], for it is in the father's domain [i.e., the fruits are owned by the father.] If the father sold it [without qualification], they [the fruits] are sold (to the buyer) until he [the father] dies. If the son sold it [in the father's lifetime], the buyer does not have them [the fruits] until the father dies. The father [who wrote over his property to his son "from today and after death"] tears off and feeds [the fruits] to whomever he wishes [in his lifetime. But as to what was left in the ground at the time of his death, even though it stands to be torn out, it belongs to his son, the receiver of the gift. However, if one writes over his property to another, even what is left in the ground at the time of his gift belongs to the heirs. For a man is more favorably disposed towards his son than towards another.] And what was left over, torn (from the ground) belongs to the heirs. If he left sons, grown and small, the grown ones are not clothed at the expense of the small [(The clothing expenses of the grown ones are greater than those of the small)], and the small ones are not fed at the expense of the grown ones. But they share equally. [(The food expenses of the small ones are greater than those of the grown, for they eat more often and leave over more.) Therefore, the small ones keep the grown ones from being clothed by the estate, and the grown ones keep the small ones from being fed by it, but each is clothed and fed from his own share.] If the grown sons married [and took their wedding expenses from the estate after the death of their father], the young ones may also marry [i.e., they may also take their wedding expenses from the estate.] And if the younger ones said [after the death of their father]: "We shall marry as (i.e., in the same style that) you did" [in our father's lifetime], they are not heeded, but whatever their father gave them [in his lifetime], he gave.

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