Sickbed Promises

Mr. Stein was a Holocaust survivor who had built a quiet life for himself after the war. His wife had passed away some years earlier, and they had no children. He had no close relatives, only some second cousins with whom he had little contact.

Over the years, Mr. Stein had developed a particularly close relationship with two of his neighbors, Mr. Hertz and Mr. Fine. They often checked on him, helped with shopping and errands, and were always there when he needed assistance. Mr. Stein deeply appreciated their kindness and considered them his closest friends.

One day, Mr. Stein was hospitalized with a serious medical condition. The doctors recommended an operation, but warned that it carried considerable risks. Before he was taken into surgery, Mr. Hertz and Mr. Fine came to visit him.

“I want you to know how much your friendship has meant to me,” Mr. Stein told them. “You have been like family. I have no children or close relatives, and I want you to receive all my assets. I hereby give everything I own to the two of you!”

Mr. Hertz and Mr. Fine were deeply moved by the gesture, but responded emphatically that they wished him success with the surgery and were praying for his recovery. There was no time to prepare any formal documentation or perform a proper kinyan before the operation.

Let us consider two possible scenarios for what happened next.

Scenario 1: Mr. Stein did not survive the operation.

Scenario 2: The surgery was successful and he recovered.

In either case, his neighbors wondered whether Mr. Stein’s verbal declaration would be sufficient to transfer his property to them.

Mr. Hertz and Mr. Fine approached Rabbi Dayan and asked:

“Is Mr. Stein’s gift to us valid? What if he had made a kinyan?”

“This is an opportunity to address the halachic concept of matnas shechiv meira – a gift made by someone lying ill,” replied Rabbi Dayan.

“The Gemara (B.B. 146b-147b, 151a) teaches that the verbal gift of a person who is seriously ill is valid even without a kinyan, as though his words had been written down and handed to the recipient. Chazal instituted this rule so that the person would not lose his mind out of concern that his words might not be upheld (C.M. and Sma 250:1).

Conversely, in such a situation, if the person recovers, the gift is void, even if he made a kinyan, since the clear presumption is that he gave the gift only on the condition that he would pass away from his illness (C.M. 250:2).

However, Chazal limited the rule of matnas shechiv meira to a case in which the person distributed all his assets, which indicates that he did so because he was concerned that he would die. If, however, he withheld some assets and distributed only part of his property, it is like any other gift and requires a kinyan. And if a kinyan was made, the person cannot retract the gift, even if he recovers (C.M. 250:4).

Nonetheless, if the person stated explicitly that he was giving the gift as a matnas shechiv meira, the rules apply even if he distributed only part of his assets (C.M. 250:9).

Similarly, if the person clearly indicated when granting the gift that he was doing so because he was concerned that he was dying – metzaveh machamas misa – or if he was suddenly overcome with a life-threatening illness (mesukan), the gift has the status of matnas shechiv meira even if it was partial: It does not require a kinyan if the person died, and if he recovered, the gift is void even if he made a kinyan (C.M. 250:7-8).

Therefore, if Mr. Stein passed away, the gift would be valid even though he did not make a kinyan, while if he recovered, the gift would be void even if he had made a kinyan.

“I should note,” concluded Rabbi Dayan, “that matnas shechiv meira is usually not relevant to wills, since often people arrange wills while still in reasonable physical health. The poskim address wills within a different framework – that of mitzvah l’kayeim divrei hameis – which is beyond the scope of this discussion.

Verdict: Chazal instituted a rule that the verbal gift of a person who is seriously ill is valid even without a kinyan. However, this applies only if he distributed all his assets, stated explicitly that he was giving them as a matnas shechiv meira, or clearly indicated that he was granting them out of concern that he was dying. In these situations, if the person recovers, the gift is void even if he made a kinyan.