Halakhah zu Bereschit 6:13

Do educators enjoy a halachic right to confiscate items from students if those items are interfering with the learning in the classroom? The prohibition of theft is quite serious, as Chazal teach (Sanhedrin 108a, cited in Rashi to Breishit 6:13 s.v. Ki Malah) that the judgment of the generation of the flood was sealed due to its stealing. Thus, we must carefully investigate as to whether Halachah grants this right to educators.

And this is the intention of our rabbis z”l, when they say, “All who judge a judgement truthfully, it’s as if he is a partner with God in the creation of the world,” because God created the world to continue and the wicked who steal and commit acts of violence ruin the world through their actions. And similarly we find regarding the generation of the flood that the decree of their judgement was sealed only because of theft, as it is written, (Genesis 6:11) “For the earth is filled with violence,” and it says after this, (Genesis 6:13) “I will destroy them with the earth”. What emerges is that the judge who breaks the high arms of the wicked keeps the world going and completes the will of the Creator, blessed is His name, who created it to keep going, and it is as if they become partners with the Holy One ,Blessed Be He, in the creation. Abraham our forefather didn’t know God, and He called him (Isaiah 41:8) “My beloved” because he walked in the ways of justice and guided his children, as it is written, (Genesis 18:19) “For I have known him, to the end that he may command his children and his household after him, that they may keep the way of God, to do righteousness and justice…” And Moses our teacher a”h, master of all prophets, took advice from Yitro with regards to justice, to establish judges to caution Israel and to command them through justice, and God agreed with this. And Joshua afterwards established a covenant with Israel to serve God, he left his last word as justice, as it is written, (Joshua 24:25) “On that day Joshua made a covenant for the people, and there at Shechem he reaffirmed for them laws and justice.” [This is] because justice is the foundation and the great principle in the service of God, and following [Abraham] have each and every judge judged their generation, and bring them back from their evil ways to service of God to go in the way that Abraham paved to do righteousness and justice, and through this were they [i.e. the Jewish people] were saved from their enemies until Samuel the prophet came, God-faithful, (1 Samuel 7:15-16) “who judged Israel all the days of his life. And he went on a circuit year by year to Bethel, Gilgal, and Mizpah. And he judged Israel in all these places.” And our sages tell us that the path he took one year was not the one he took the next, so that he could turn the hearts of the entire nation toward service of God, and to walk in the way of Abraham our forefather a”h, and he anointed David to be the king of Israel, and he too walked in the ways of God from all that was in front of him, as it is written,(2 Samuel 8:15) “And David did justice and righteousness. (1 Chronicles 11:8) “And Joab restored the rest of the city.” And our sages tell us that in the merit of the justice and righteousness of David, Joab restored the rest of the city, and had his child [Solomon] continue after him, the “Yedid Hashem”, who loved to go in the laws of his father David and would ask from God an understanding, listening heart to judge his people, to understand between good and bad, and it was good in God’s eyes, that which he asked regarding this. And He gave him a wise and understanding heart which has never been before, and no one has been like him since, and all of Israel was afraid of him because they saw that the wisdom of God was in his heart to do justice. And also Jehoshaphat, who took the paths of his father and raised his heart in the ways of God, was strengthened in justice, and he appointed judges in every city, and he said to the judges, “See what you do, for you are not judging for man but for God, and with you shall be justice.” Josiah as well, that Scripture testifies about him, “And no king was like him before, who returned to God with all his heart.” And also the King Messiah, who will be revealed speedily in our days, is praised by Scripture regarding justice, and it is written, (Isaiah 11:4) “And he will judge the destitute with justice, and decide with equity for the meek of the earth…” And according to the greatness of his reward will be the punishment for those who void and pervert it, as it is taught, “Destruction comes to the word based on lack of law and on the perversion of law.” And so did David say, (Psalms 119:121) “I have done justice and righteousness, leave me not to my oppressors.” This implies that without justice, he would have been left in the hands off oppressors. And Jerusalem was only destroyed, and Israel only exiled, because of the neglecting of justice, as it is written, (Isaiah 1:21) “She once was full of justice; righteousness used to dwell in her-- but now murderers.”... And God wants it more than all the sacrifices, as it is written, “Doing righteousness and justice is choicier to God than the zevach offerings.” It does not says “than sin and burnt offerings,” but rather “than zevach offerings.”

(Alef) The Psalmist said in Ps. 50:18, 20, “When you see a thief, you fall in with him, and throw in your lot with adulterers. You are busy maligning your brother, defaming the son of your mother.” It appears to me [that this can be explained] according to that which is written in Netsach Israel, chapter 25:⁶⁸Maharal, Netsach Yisrael, pp. 126-127 in London edition.
We were asked, “How is it that Israelites are constantly yearning to [do] bad, etc.? As he seeks evil for the one who is his compatriot in Torah and in the commandments. And [yet] the Torah states (Lev. 19:18), ‘and you shall love your neighbor as yourself.’” And I answered him, etc. However this trait is not in Israel from the angle of ‘an evil soul desires evil.’ As from the angle of their essence, this holy people is deserving of all the importance and status, etc. And the one who is important based on his own nature will [naturally] seek status (and this is what causes the Jews to hurt each other). As you will not find a villager jealous of a great minister, but rather a sage of another sage, a wealthy man of a wealthy man and a strong man of a strong man, etc. Rather this thing comes from [their appropriate] sense of importance. And the proof to this is that it is perfectly obvious that when one of them is in distress, all of them step forward like ‘a brother for adversity.’ And that is because Israel is one nation, etc. And it is not like the traits of licentiousness, etc., as that thing would show great lowliness, etc. And they are stiff-necked from repenting, etc. Because they are far from physicality, they are not [easily] impacted, but rather hold on to their traits, etc. [See there.]
And for this reason, he said, “When you see a thief, you fall in with him, and throw in your lot with adulterers” – and that is from the side of crass physicality and it is lowliness. But, “You are busy maligning your brother, etc.,” is from the side of an elevated form, and as is written in Netsach Yisrael. And they are two opposites of one issue. And ‘there should not be [lowliness] like this in Israel’ – the holy people that comes from a good nature. And that which is in Parashat Netzaivm (Deut. 29:21-26) is elucidated by this:
And later generations will ask—the children who succeed you, and foreigners who come from distant lands and see the plagues and diseases that the Lord has inflicted upon that land. All its soil burnt by sulfur and salt, etc. And all the nations will say, “Why did the Lord do thus to this land; wherefore that awful wrath?” And they will be told, “Because they forsook the covenant that the Lord, etc. And they turned to the service of other gods and worshiped them – gods whom they had not known and whom He had not allotted to them. So the Lord was incensed at that land, etc.”
And Rashi explained [the phrase], “whom they had not known,” [as] they had not known the strength of divinity in them. And Onkelos translated [it as, these gods] did not do good to them – as the one they selected for a god did not give them any inheritance or portion. See there. And at first glance, [this needs] precision – as had it given them an inheritance and a portion, the ‘prohibition [against worshiping it] would still stand in its place. [It is] as we expound in the Gemara,⁶⁹See Bamidbar Rabbah 20:9. “He exalts (masgi, which can also be read as fools) nations, then destroys them” (Job 12:23); such that it appears to them that they are healed by idolatry, etc. And see that with the generation of the flood it is written (Gen. 6:13), “and behold I will destroy them with the earth.” And the Rabbis, may their memory be blessed, expounded [it as] (Bereishit Rabbah 31:7), “with the land” – three handbreadths of the depth of a plow were despoiled. And the sin of the land was that the Lord said (Gen. 1:11) that the land should give forth “trees of fruit” – that the taste of the tree be like the fruit; but it made “trees that made fruit” (Gen. 1:12).⁷⁰Bereishit Rabbah 5:9. [It did this] because [its] material was coarse; and this caused man to incline towards physicality. And [so] the Lord said (Gen. 3:17), “Cursed is the earth for the sake of man” – as the damage was evident in man. And for this reason, [people] in the generation of the flood also sinned in physicality – violent theft, sexual immorality and murder; and this was because of the sin of the land. And therefore it was punished. And in the Guide⁷¹Guide for the Perplexed 1:36., [Rambam] wrote that we only find [the terms], awful wrath and jealousy [attributed to God] with idolatry, [since it is understandable that] the Lord has awful wrath about this. See there. But the sin of idolatry is from the angle of the form (the spiritual side) – and that it is the loss of the intellect, as it is written in Gur Aryeh.⁷²Perhaps the reference is to Gur Aryeh on Exodus 22:30. That is why the verse stated, “And all the nations will say, ‘Why did the Lord do thus to this land’” – since if their sin was from the spiritual side, the land did not sin. But if we say that the sin was from the side of physicality; you would still ask, “‘wherefore that awful wrath,’” as this is only with idolatry – as is written in the Guide – and that is from the angle of the intellect. “And they will be told, ‘Because they forsook, etc. and worshiped other gods’” – and the awful wrath was for that. And “whom they had not known and whom He had not allotted to them” – meaning that they did not apportion them any good and they did not know them [to be] with divine powers, and this was not from a confused intellect, such that ‘He fools the nations.’ Rather it was from the side of crass physicality that [such] anarchy was pleasing to them. And that was the sin of the land, and hence, “all its soil was burnt.” However, if people do righteous deeds, ‘the desolate land will be worked.’