Parshas Bereishis

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Bais HaVaad Institute of Talmudic Law
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Parshas Bereishis: 

Becoming A Partner
 

By: Rabbi Shmuel Lichtenstien

 

This week’s Perspective is dedicated in memory of:
Hachaver Reb Arye ben Binyomin Zev z”l

may the Torah studied through this publication be an eternal zechus for his Neshama 

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Becoming A Partner
 
 
            Every judge who judges with complete fairness, it is considered as though he had become a   partner to Hakadosh Baruch Hu in the creation (Shabbos 10A).
 
This week’s parsha begins with a remarkable description of Hashem creating the universe, culminating in the creation of man. The piyut recited on Yom Kippur in mussaf (Seder avoda), when describing the world before man’s creation, compares it to a banquet with no guests. So the tachlis hab’ria, the purpose of the creation was for the arrival of man. Yet sadly, man is unable to live up to his expectations and almost immediately begins a downward trend, until finally at the end of the parsha, Hashem is preparing to flood the world and wipe out all living creatures. What happened and how did things go so badly?
 
The answer would appear to be that even though Hashem created the world, it is man’s task to preserve it. It was the complete failure in fulfilling this duty that brought about the catastrophe of the flood. How is one supposed to preserve and maintain the world?
 
The Tur begins his introduction to Choshen Mishpat by quoting the mishna in Avos, (Perek 1 Mishna 18).  “Rabbi Shimon ben Gamliel says: On three things the world stands, on judgment, on truth and on peace.” The above statement leads to some difficulty in reconciling it with a previous mishna in the same chapter quoting Shimon Hatzaddik as saying that the world stands on three things, listing them as Torah, Avodah (prayer) and Gemilus Chasadim (charity and kindness). The difference between the two mishnayos as explained by R’ Yonah is that the first mishna is referring to the purpose of the creation, namely, Torah, Avodah and Gemilus Chasadim; whereas the second mishna is giving the instructions for maintaining the world and these are Din, Emes and Shalom.
 
Why is it that to maintain the world one needs Din?
 
The Beer Sheva in Maseches Sanhedrin 108A points out that in a lawless world humanity cannot survive. The purpose of an effective system of justice is to ensure that everyone repects the boundaries that delineate where one’s own possessions end and where someone else’s territory begins. Without this, with man being left to his own devices, man almost inevitably resorts to his “default position,” in which he grabs whatever he can for his own gratification. Chaos ensues, with the unavoidable breakdown of society.
This is what happened to mankind at the end of this week’s parsha. Even though man was committing the basest of sins and behaving in the most immoral manner, nevertheless, the decree of annihilation was only signed after theft had become rampant (Ki malah ha’aretz chamas). If the purpose of the creation of the world was for Man to rise above his base animalistic instincts, the total collapse of society meant that there was no further purpose to the creation. Since law and order are necessary for the continuation of the world, the lack thereof led to destruction.
 
Using this explanation, we can now understand the statement above in which the sages likened a judge fulfilling his duty as though he is a partner in creation. This is because by upholding justice in an honest manner he is ensuring the continuation of the world.
 
In this light it is surely not the judge alone who is perpetuating the entire creation. Just like a judge has a share in the continuance of the world by maintaining law and order, so too one who is careful in both personal as well as business life by following the law, can also be considered a

partner in the creation of the world.
 

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