BAM 19 - Life after death

The Gemara hides an incredibly deep concept in some seemingly simple words that we could easily gloss over and understand simply at the surface level. The Gemara states that a healthy person who wishes to give someone else a gift that should take effect after his death must say that it is transferred 'from today until after my death.' Only with this declaration is it considered similar to the regular statement of a deathly ill person. Such a sickly individual need only state that something should be given to another party and the gift takes effect fully after his death.

Hidden here is a great depth. The reason the deathly ill person need only make a simple statement, and it is transferred post mortem, is because there is intense power in his words. Why is there such power in his command? The answer lies in what the healthy person must say in order for his statement to take effect in a similar way. He must say, 'from today until after my death.' There is a recognition that is automatic for a deathly ill person that takes greater effort for the healthy individual. That is, that what I do now has an affect after my death! This is a natural understanding for someone who is deathly ill. This understanding is what gives power to his statement to take effect.

This is a tremendous lesson - the effect of our actions and words is increased manifold by our recognition of its effects on the world, at every level of reality - from the spiritual to the physical. Many times we do not realize the power of our words until it is too late. After 120, Hashem reveals it to us, as the Nefesh Hachaim explains the passuk מגיד לאדם מה שיחו - that Hashem reveals to a person the true effects of his speech; after his death.

For the deathly ill person, he sees it more and more clearly as he nears that final revelation. That is why his words have such power. A healthy person can also tap into that power if he recognizes the effect of his words - 'מהיום ולאחר מיתה' - 'from today until after my death.'

BAM 8 - Acquiring together

Rami bar Chama draws an inference from the Mishna's statement that when two people pick up a lost object together, they both acquire it. From this we see that each one intended to acquire it not just for himself, but also for the other person who is picking it up with him.

The question is, what is the inference? Perhaps they are both picking up each half only for themselves, and they each acquire the part that they have picked up, by the power of their own act of acquisition?

נ"ל בע"ה that if they indeed had the intention to acquire the object only for themselves, that would mean that they were each only trying to acquire the entire object. Thus, being that they picked it up together, neither of them would have acquired it, because if two people try to completely acquire the same thing at the same time, their acts cancel each other out, and it remains ownerless.

Therefore, if we say that they have both acquired half of it, it must be that they were acquiring it in a way that each would have half. The intent of each is necessary on behalf of the other party, otherwise their selfish intent would block each other's acquisition attempt. Thus, we see that each one is helping the other acquire his half, and therefore Rami bar Chama proves that a person has the ability to acquire something for someone else.

This answer, however, requires further thought, because if it is correct, then it should not be necessary to have active thoughts to help the other party acquire, rather it should be enough for him to passively permit the other party to acquire his side.

On further thought, however, we already have seen that when they split up the object, it is not per se split based on exactly which side or which part is being held, but rather, it can be split in alternative ways (e.g. the talis with gold). Clearly, each person is helping the other party to acquire the garment in its entirety, albeit as a partner. This is the function that allows each party to request an alternate splitting up of the garment (or object).

It therefore becomes clear that each party is helping the other to acquire the entire object as a partner, and this can only be done through זכייה - actually acquiring it for the other party. This is Rami bar Chama's proof.