Parshat Noach
6 Cheshvan 5764
November 1, 2003
Daf Yomi: Menachos 26
Guest Author:
Rabbi Azriel Blumberg
Young Israel of
Eltingville, NY
In the beginning of this
week's Parsha, Noach is told that all of G-d's creations are to be
destroyed, "For the land is filled with Chamas through them" (Bereshit
6:13) - that all the Earth's inhabitants had become dishonest in monetary
matters. Noach was not told the other reason mentioned in the Torah for
the impending destruction, that "all flesh had corrupted its way upon the
Earth "(6:12), i.e. society had suffered a complete moral breakdown. The
Ramban explains that of all the sins of that generation, the crime of
theft is easily understood by human intellect to be wrong, and there was
no need for a prophet to come and warn them not to engage in this
behavior. Chamas was the sin that caused the verdict of destruction to be
sealed.
This is difficult to understand. The Midrash teaches that Chamas involved
only the theft of items worth less than a p'rutah - a minuscule amount of
money. How could transgressions of such insignificant proportion be the
final cause of the destruction of the world?
We are commanded "V'asitah hayashar v'hatov b'einei HaShem Elokecha - You
shall do the just and the good in the eyes of G-d" (Devarim 6:18). Rashi
interprets this as a commandment to seek a verdict of compromise which is
"lifnim mishurat hadin - beyond the strict delineations of the law." One
may ask: Why is this considered "yashar - just"? For one to go beyond what
is legally required of him/her should be considered an act of "kindness",
not "justice"?
To understand this, we must comprehend that in the eyes of
G-d, justice is not served solely by strict compliance with the letter of
the law. The Mitzvos were not given as mere legalities to be adhered to.
Rather, the Torah is intended to teach us sensitivity to others and to
their property. This is what Hillel meant when he said, "The great
principle in the Torah is 'V'ahavta l'reiacha kamocha - Love your neighbor
as you love yourself.'" All the laws in the Torah are meant to train us in
giving others the same consideration we would like to receive from them.
The term "yashar" suggests that we go beyond the letter of the law; it
denotes an attitude of sensitivity to and respect for others, which will
result in going "lifnim mishurat hadin" - going beyond what is technically
required of oneself in order to truly satisfy his friend's needs.
In the Rosh HaShanah prayers, we say "Your throne will be upheld with
Kindness, and You will sit on it in Truth." In order to act with kindness,
G-d must look away from the "facts" and not exact retribution for the many
transgressions that have occurred. How, then, is it possible for G-d to
"sit in Truth" on the very throne that is "upheld with Kindness?"
Apparently, G-d's Truth runs deeper than the bare facts and His justice is
not meted out with set rewards or penalties. Rather, G-d, in His infinite
wisdom prescribes for each individual the consequences of his actions that
will suit him best and will help him grow closer to G-d. This involves
acting with great kindness, for no one could withstand the exact
punishments for his actions.
We are obligated to emulate G-d's ways when dealing with our fellow man.
We, too, must look beyond the confines of strict legalities and treat
others with compassion and consideration. The reverse is also true: the
way we deal with others is reflected in the way we are judged by G-d.
The Gemara (Taanis 25) says: Rabbi Eliezer led the public prayers for rain
in a time of drought. He recited twenty-four blessings but his prayers
were not answered. Rabbi Akiva then stood, and said "Avinu malkeinu ein
lanu melech ela atah - Our Father our, King, we have no king besides You."
Immediately, rain began to fall. The rabbis began to speak in awe of Rabbi
Akiva's greatness. A heavenly voice proclaimed, "Do not think that this
one is greater than the other; rather that this one [Rabbi Akiva] is very
accepting in matters concerning his personal rights while this one [Rabbi
Eliezer] is not as yielding in his personal affairs." While both sages
were of equal stature, Rabbi Akiva's natural tendencies allowed him to
more easily accept others' infractions against his person and his
property. This trait of magnanimity was mirrored in Heaven, and the
transgressions that had brought on the drought were able to be overlooked
(Ohr Yisrael Chap. 28).
The generation prior to the Mabul (Flood) violated the laws of monetary
transactions, but only in a way which was "Eino yotzei b'din" - the stolen
item could not be extracted in court, for by law, one can only sue for the
equivalent worth of a p'rutah or more.
The person who stays within the letter of the law but finds every means to
accomplish his evil purposes is worse than one who openly transgresses the
law. One who violates the law is liable to be punished for his actions by
the society he lives in. More importantly, he understands that he is not
acting appropriately. There is hope that at some point, he may be
convinced to change his ways. However, the "novol birshus hatorah" - one
who acts reprehensibly while remaining within the technical bounds set
forth by the Torah - sees no reason to change. There are no applicable
punishments to deter him, and he rationalizes his actions using the fact
that technically, he has not violated any laws.
This behavior, explains Rabbi S. R. Hirsch, was cause for G-d to say "The
end of all flesh has come before Me." G-d foresaw this as a path that
could only lead all of Creation to self-destruction.
As immoral and depraved as this generation was, G-d's mercy still might
have spared them. Because of their Chamas, however, their fate was sealed.
They demonstrated that they had no interest in what was "yashar", but
rather desired to act as unjustly as was possible while still remaining
within legal limits. G-d, in turn, did not practice His "justice" but
rather punished them for all of their transgressions to the fullest extent
of the law (see Midrash Rabbah).
Often, the pressures of life breed within us a drive to "win" - to get the
best "deal" we possibly can. We fear that if we let ourselves be taken
advantage of, we will appear weak. However, the opposite is true. Through
our forthrightness and generosity, we emulate the justice of G-d Himself.
While we must protect our own interests, we must also remain fair and
cognizant of the wants and needs of others. As we adhere to the laws of
the Torah, let us guide our actions by the principles they convey.
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