Siman 258

It has already been explained that a gift of a healthy person in which it is written "from today and after death" acquires the body of the property from today and the fruit after death. And there are times that even if "from today" is not written in it, but only "after death" alone, nevertheless he acquires the body of the property from today, and that which he wrote "after death" refers to the fruit. For example, a deed of gift that has a date of when it was written; even though it is written in it that "so-and-so shall acquire such-and-such field after death," nevertheless, since the date is written in it and he was alive at that time, we say the date of the deed proves regarding it that he transferred the body of the property to him from today. For if not so, why did he write the date? Since he wrote that he is giving it to him after death, and the time that he will die is also not clarified now from the date of the deed, and it must necessarily be clarified when he dies and he will acquire it then—if so, why did he write the date for him? Rather, it is certainly that he transferred the body of the property to him from the date of the deed. And so too, even if it does not have a date but there is a kinyan in the deed, he acquires the body of the property immediately when the deed reaches the hand of the recipient, and he acquires it retroactively from the time of its writing, for every kinyan is "from now" [Taz]. And even though regarding gittin they were stringent and we do not say "the date of the deed proves regarding it," as is written in Even HaEzer siman 154, this is because of the stringency of a married woman they were stringent to follow the strict view. But in monetary laws we say so, and although there are some among the earlier authorities who disagree on this, nevertheless most of our teachers ruled accordingly.

And so wrote the Rambam in the twelfth chapter of Zechiyah: A deed of gift in which it is written that a certain person shall acquire a certain field after death, whether the deed contained a kinyan or did not contain a kinyan, since a date is written in it and at that time he was alive, the date proves that he granted it to him during his lifetime and he only acquires after death. For if it were his intention to grant it to him with this deed after death, he would not have written a date in it. Therefore, even though "from today and after death" is not written in it, he acquires after death. And this that they write in all gifts and sales "from now," even though there is a date in the deed, they write this to strengthen the matter even though it is not necessary. Thus far his words. And so ruled the Rif, the Rosh, and the Tur and Shulchan Aruch.

And that which we say "the date of the document proves it," this is when he writes to him "after death." But when he writes to him "after thirty days," we do not say "the date of the document proves it," for he needed to write the date in order to know when the thirty days would conclude, and he did not set his heart to write that specific time, but rather he wrote the time of the writing and from this the thirty days will be known [Sma]. Therefore, if the giver or the receiver dies within thirty days, the gift is void, and the law is the same that the giver can retract within thirty days. And there are those who disagree and hold that even in "after thirty days" we say "its date proves it" [Shach]. However, even in "from today and after thirty days," some say it is not similar to "from today and after death," for in "after thirty days" its meaning is that it shall begin from today and finish after thirty days, and he can retract, and if the giver or the receiver dies, the gift is void [Ktzot HaChoshen and see Kiddushin 63]. And some say that regarding this which they said "the date of the document proves it," it is not specifically the date of the document, but rather even orally the time proves it. And the explanation of the matter is when he wrote the gift without specification and a date is written in it, and when he gave him the document he stipulated with him orally that he gives it to him "after death," even so we say that the date written in the document is like he specified "the body from today and the produce after death" [Shach]. And that which we say "the date of the document proves it," this is when the giver commanded to write a date or commanded the witnesses to make a proper document, but a will in which a date was not written except for a mere memory, we do not say "the date of the document proves it." And so too if he said or wrote explicitly that he shall not acquire the body except "after death," the matter is simple that neither the date nor the kinyan is effective, since he said so explicitly, and the gift is void, for there is no gift of a healthy person "after death." And so too if it appears clearly that such was his intention [it appears to me].