Siman 254

Even though the gift of a shekhiv mera does not require a kinyan, nevertheless, if he requested that they perform a kinyan with him, they perform a kinyan with him in order to put his mind at ease. And even on Shabbat it is permitted to perform a kinyan with him, and thus our sages, of blessed memory, said [Bava Batra 156b]: We perform a kinyan with a shekhiv mera even on Shabbat, and not because it requires a kinyan, but rather so that his mind should not become unsettled. And the Rambam, of blessed memory, wrote that this kinyan is unnecessary and they act only to put his mind at ease. And there are those who inferred from his words that in a case where a kinyan is required by law, they do not perform a kinyan with him on Shabbat. And some say that even if it requires a kinyan, such as where he wrote all his properties and specifies that he is transferring them from today and that he will not retract even if he recovers, nevertheless they perform a kinyan on Shabbat, for the sages permitted it for a shekhiv mera so that his mind should not become unsettled. And it is no worse than a rabbinic prohibition which they permitted for a sick person whose life is not in danger, as written in Orach Chaim siman 328. But in a gift of part of his property they did not permit it when he is not commanding on account of death and retains part for himself, for his law in this is like the gift of a healthy person. And some say that even in a gift of part of his property which requires a kinyan, even though he is not giving out of concern of death, nevertheless they perform a kinyan with him on Shabbat, since he is currently a sick person we fear that his mind may become unsettled.

It appears to me that the Rambam also holds this, that in every case we acquire from him, for since the sages were concerned that his mind might become unsettled, it is like a matter of saving a life. And behold, the sages, of blessed memory, permitted accepting an acquisition from him regarding a get [beginning of chapter 8 of Gittin]. And the Rambam transcribed the language of the Gemara that we cited in section 1, and this is what he meant when he said that an acquisition is not required; he meant to say not because an acquisition is necessary, but he spoke as a greater novelty: it is not only necessary in a case where an acquisition is required, for we certainly acquire from him so that his mind does not become unsettled when he knows that his words are not sustained, but even in a case where an acquisition is not required and his words are sustained even without an acquisition—and there is no unsettling of the mind here in that his words would not be sustained, for they will be sustained—nevertheless we are concerned that since he requests an acquisition, we must not violate his will because there is a concern that his mind will not be at ease without an acquisition. However, there are some among the Rishonim who hold thus, that in a place where an acquisition is required, we do not acquire from him on Shabbat [Me'or, end of chapter "Mish'al"]: