Mishnah
Mishnah

Talmud for Gittin 7:3

זֶה גִטֵּךְ אִם מַתִּי, זֶה גִטֵּךְ אִם מַתִּי מֵחֹלִי זֶה, זֶה גִטֵּךְ לְאַחַר מִיתָה, לֹא אָמַר כְּלוּם. מֵהַיּוֹם אִם מַתִּי, מֵעַכְשָׁיו אִם מַתִּי, הֲרֵי זֶה גֵט. מֵהַיּוֹם וּלְאַחַר מִיתָה, גֵּט וְאֵינוֹ גֵט. אִם מֵת, חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת. זֶה גִטֵּךְ מֵהַיּוֹם אִם מַתִּי מֵחֹלִי זֶה, וְעָמַד וְהִלֵךְ בַּשּׁוּק וְחָלָה וּמֵת, אוֹמְדִין אוֹתוֹ, אִם מֵחֲמַת חֹלִי הָרִאשׁוֹן מֵת, הֲרֵי זֶה גֵט. וְאִם לָאו, אֵינוֹ גֵט:

(If one said to his wife:) "This is your get if I die," "This is your get if I die from this illness," "This is your get after death," he has said nothing, [for the implication is: ("This is your get) after I die," and there is no get after death.] (If he said: "This is your get) from today if I die," "from now if I die," it is a get. (If he said:) "from today and after death," it is a get and not a get. [We do not know whether it was a condition, viz.: "from today if I die," in which instance, when he dies the condition is fulfilled and the get takes effect from the time it was given — or whether it was retraction, his "taking back" "from today," and saying: "After death, let if be a get," in which instance it is nothing, in that he did not say: "from today if I die."] If he died, she receives chalitzah, [for it might not be a get], and she is not taken in yibum, [for it might be a get, in which instance she is his (the yavam's) brother's divorcée, and kareth-interdicted to him.] (If he said:) "This is your get from today if I die from this illness," and he arose and walked in the market, and then took ill and died — we "evaluate" him. If (we see him) as having died from the first illness, it is a get; if not, it is not a get.

Jerusalem Talmud Bava Batra

If someone said, field X I gave to Y, it is given to him, it should be his, Y should inherit my property, Y should take possession of my property, he did not say anything171Title to property cannot be transferred by simple declaration; cf. Mishnah Qiddušin 1:5. The Tosephta disagrees, 9:12. The Tosephta text is explained away by the Babli, Giṭṭin40b.. It should be given to him as a gift, Rebbi says, he acquired172If this was a death-bed declaration., but the Sages say, he did not acquire; but one forces the heirs to fulfill the deceased’s words.173Babli Giṭṭin 14b,15a,40a; Ketubot 70a. It was stated174Tosephta 9:14.: Rebbi Simeon ben Gamliel says, also if one writes διέθεμεν175“I disposed by will”, from Greek “to dispose” (H. M. Pineles). A. Gulak, Tarbiz 1 fasc. 4 (1931) 144–146 has noted that the expression τάδε διεθέμην is used in Egyptian Greek deeds; also cf. R. Taubenschlag, The Law of Greco-Roman Egypt in the Light of the Papyri, New York 1944, p. 143. Since the expression is a legal Greek term, its use characterizes a valid deed even though the corresponding use of the past in Hebrew was declared invalid as statement of a deed. (S. Lieberman, Tosefta kiFshutah Bava batra p. 441, wants to infer that Rabban Simeon ben Gamliel validates also the Hebrew נָתַתִּי; this seems unjustified.) in Greek it is a gift. Rebbi Ḥanin in the name of Rebbi Joshua ben Levi: I turned to all linguists to know what is διέθεμεν and nobody told me anything176They were not acquainted with Greek legalese..
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