Translation:Shulchan Aruch/Choshen Mishpat/258

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Paragraph 1- If a gift-document states that so and so should acquire such and such field after death, regardless of whether there is a kinyan in the document or not, because there is a date and on that date the donor was alive, the date indicates that the donor transferred while alive and did not intend for the transfer to occur after death, since had he wanted this document to transfer after death, he would not have written a date. Thus, although the document does not state, “effective today, and after death,” the recipient would acquire after death. It is as if the donor wrote, “effective today and for after death,” which law was discussed in Siman 257. This that we write in all gifts and sales, “effective now,” even though there is a date, is just to make it better, even though it is not necessary.

Paragraph 2- Similarly, if the document has a kinyan in it, the recipient would acquire the actual property immediately, even without a date because every kinyan is effective now. This that we say that a date on a document is an indication is only the donor wrote for after death. If he wrote for the recipient for after 30 days, however, we would not say the date is an indication. Thus, if the donor or recipient were to die within 30 days, the gift would be void. In the same vein, the donor can retract within 30 days. This that we say the date on the document is an indication is only where the donor instructed they write a date or he instructed the witnesses to make an effective document. If the will only had a date as a mere memorial, however, we would not say the date on the document is an indication. There are those who that the term date on the document is not precise, and an oral date would also be an indication.