Bava Batra 138 - Refusing a Gift


If someone writes over his properties to another, and the recipient protests that he does not want the gift, the protest is valid, and the gift reverts back to the donor. The recipient claim is not spurious and is based on "... one who hates gifts will live ."

If the recipient was at first silent and later protested, his protest is invalid, and he remains in the possession of the gift.

If the donor asked a third party to acquire the gift on behalf of the recipient, the acquisition act is valid, since it is assumed that most people do want gifts. If the recipient was at first silent and then protested, then some say that he acquired the gift, but some say that perhaps he saw no need to protest until the gift actually reaches his hands, and thus the situation is in doubt.

Art: Giovanni Battista Tiepolo- Neptune Offering Gifts to Venice (detail)