Study Bava Batra folio 40B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
that does not have written in it the formulation: We are aware of so-and-so’s duress, i.e., we are aware of the nature of the coercion that forced him to enter this arrangement against his will, is not a valid preemptive declaration.
For what type of transaction is the preemptive declaration being stated? If one were to say that it is a preemptive declaration for a bill of divorce or for a gift, the preemptive declaration is merely revealing the matter. Since these actions can’t take place unless he desires it, it is sufficien
The Talmud answers: Actually, it is referring to a preemptive declaration for a sale, as Rava concedes in a case where one was compelled to act due to a threat of monetary loss, as with the incident of the orchard, as there was a certain man who mortgaged his orchard to another for 3 years. After
§ Rav Yehuda says: With regard to this document detailing a concealed gift, we do not collect with it. The Talmud clarifies: What are the circumstances of a concealed gift? Rav Yosef said: It is referring to a case in which the giver said to witnesses: Go and hide and write a document for the rec
Rava said: But a concealed gift is effective as a preemptive declaration for another gift. In other words, if he first gave an item as a concealed gift to one person, and then he gave this item as a gift to someone else, the second gift is null and void. Rav Pappa said: This ruling of Rava was not s