And the halakha is also in accordance with his opinion with regard to the teruma of the tithe from doubtfully tithed produce [demai]. Produce purchased from a common, uneducated person [am ha’aretz] is considered demai and by rabbinic law it is regarded as uncertain whether the seller separated tithes and teruma of the tithe from it. Rabbi Natan rules in accordance with Rabbi Shimon Shezuri’s opinion in a case where, after one bought demai and separated teruma of the tithe, this teruma becomes mingled with the produce from which it was separated. If all of the produce were treated as actual teruma, the only solution would be to sell all of the produce to a priest at low cost, as he is the only one who may use it. Rabbi Shimon Shezuri, however, rules that in the case of demai, the owner may ask the fruit seller if he properly separated the tithes. If the seller responds that he did, the owner may rely on that, despite the fact that the seller is an am ha’aretz, as the Sages do not apply their decree in a case where it would cause significant financial loss.

Having established that Rabbi Natan follows the principle of assessment, the Gemara asks: And does Rav not follow this principle of assessing intention? But it was stated that Rav and Shmuel disagreed about a specific case with regard to the gift of a person on his deathbed, in which it was also written that the gift was given with an act of acquisition. There is a rabbinic ordinance that one on his deathbed can effect the transfer of property without the ordinarily required act of acquisition, but in this case such an act was performed anyway. In the school of Rav, they say in the name of Rav: He had him ride on two horses, meaning that he gave him a gift with a document strengthened in two different ways. And Shmuel said: I do not know what to decide about it.

The Gemara explains the two opinions: In the school of Rav, they say in the name of Rav: He had him ride on two horses, meaning that he performed the transfer in a manner that took advantage of two separate halakhot to strengthen its validity. In one aspect, it is similar to the gift of a healthy person, and in a different way it is similar to the gift of a person on his deathbed. Both of these aspects act to strengthen the transfer.

On the one hand, it is similar to the gift of a healthy person in that if he arose from the bed and recovered he cannot retract it, since he performed a proper act of acquisition. On the other hand, it is like the gift of a person on his deathbed in that if he said: My loan, i.e., money owed to me, is transferred to so-and-so as a gift, his loan is in fact transferred to so-and-so. Although ordinarily ownership of a debt cannot be transferred without a formal transference of the promissory note, the verbal statement is sufficient to effect the transfer since this is a gift of a person on his deathbed.

And Shmuel said: I do not know what to decide about it. Perhaps his performance of an act of acquisition indicates that he resolved to transfer it to him only with a bill of sale. And since his intention is that the sale not take effect until he also gives a bill of sale, the transfer does not take effect, as a bill of sale is not effective after the death of the owner.