Talmud for Bava Batra 9:7
הַמְחַלֵּק נְכָסָיו עַל פִּיו, רַבִּי אֱלִיעֶזֶר אוֹמֵר, אֶחָד בָּרִיא וְאֶחָד מְסֻכָּן, נְכָסִים שֶׁיֵּשׁ לָהֶן אַחֲרָיוּת נִקְנִין בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה, וְשֶׁאֵין לָהֶן אַחֲרָיוּת אֵין נִקְנִין אֶלָּא בִמְשִׁיכָה. אָמְרוּ לוֹ, מַעֲשֶׂה בְאִמָּן שֶׁל בְּנֵי רוֹכֵל שֶׁהָיְתָה חוֹלָה וְאָמְרָה תְּנוּ כְבִינָתִי לְבִתִּי וְהִיא בִשְׁנֵים עָשָׂר מָנֶה, וָמֵתָה, וְקִיְּמוּ אֶת דְּבָרֶיהָ. אָמַר לָהֶן, בְּנֵי רוֹכֵל תְּקַבְּרֵם אִמָּן. וַחֲכָמִים אוֹמְרִים, בְּשַׁבָּת, דְּבָרָיו קַיָּמִין, מִפְּנֵי שֶׁאֵינוֹ יָכוֹל לִכְתּוֹב. אֲבָל לֹא בְחֹל. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, בְּשַׁבָּת אָמְרוּ, קַל וָחֹמֶר בְּחֹל. כַּיּוֹצֵא בוֹ, זָכִין לַקָּטָן, וְאֵין זָכִין לַגָּדוֹל. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, לַקָּטָן אָמְרוּ, קַל וָחֹמֶר לַגָּדוֹל:
One who divides his property by (verbal) behest — R. Eliezer says: Whether he be in good health or close to death, bound property (i.e., land) is acquired by money, deed, and chazakah (an act of "taking hold"), and unbound property is acquired only with meshichah ("pulling"). [R. Eliezer does not hold that the words of a sh'chiv mera are "as written and transmitted," so that even if one instructs (that his property be given to another) because of his impending death, his gift is no gift without a kinyan, just as that of one in good health. The halachah is not in accordance with R. Eliezer.] They (the sages) said to him: Once, the mother of the sons of Rochel was sick, and she said: "Give my daughter my k'veinah; [(The Targum of (Isaiah 3:23): "redidim" (veils) is "k'veinata"] it is worth twelve maneh," and she died; and they acted upon her words! He (R. Eliezer) said to them: "The sons of Rochel — let their mother bury them!" [i.e., No proof is to be adduced from them, for they were wicked, and the rabbis penalized them by upholding their mother's gift to the daughter, though it was not halachically valid.] And the sages say: On Shabbath, his (the sh'chiv mera's) words stand, for he cannot write; but not on a weekday [i.e., if he divided his property on a weekday.] R. Yehoshua says: They stated it for Shabbath — a fortiori (that it obtains) for a weekday. [And this is the halachah — that both on Shabbath and on a weekday, the words of a sh'chiv mera are "as written and transmitted" and require no kinyan. And if he requests that they acquire it from his hand, they do so both on a weekday and on Shabbath so that he not become delirious.] A parallel instance: One can effect acquisition for a minor, but not for a grown person. R. Yehoshua says: They stated it for a minor — a fortiori for a grown person!