ברא אלהים וְלֹא נֶאֱמַר בָּרָא ה', שֶׁבַּתְּחִלָּה עָלָה בְמַחֲשָׁבָה לִבְרֹאתוֹ בְּמִדַּת הַדִּין, רָאָה שֶׁאֵין הָעוֹלָם מִתְקַיֵּם, הִקְדִּים מִדַּת רַחֲמִים וְשִׁתְּפָהּ לְמִהַ"דִּ, וְהַיְינוּ דִּכְתִיב בְּיוֹם עֲשׂוֹת ה' אֱלֹהִים אֶרֶץ וְשָׁמָיִם:
ברא אלהים GOD [AS JUDGE] CREATED — It does not state 'ברא ה “The Lord (the Merciful One) created, because at first God intended to create it (the world) to be placed under the attribute (rule) of strict justice, but He realised that the world could not thus endure and therefore gave precedence to Divine Mercy allying (partnering) it with Divine Justice. It is to this that what is written in (Genesis 2:4) alludes — “In the day that the Lord God made earth and heaven”.
משוך חסדך ליודעיך, אל קנוא ונוקם
Draw down mercy to those that know you, Oh G-D who is jealous and avenges.
מַה־תִּתְהַלֵּ֣ל בְּ֭רָעָה הַגִּבּ֑וֹר חֶ֥סֶד אֵ֝֗ל כׇּל־הַיּֽוֹם׃
Why do you boast of your evil, brave fellow?
God’s 'chesed' never ceases.
So the Holy Maagid gave an analogy via the following story
So we see here that the kindness the King showed the boy was a greater punishment than just killing him. Since now the boy feels genuinely bad about his actions vs. being dead and not even knowing what he did wrong. So again, we see the mercy the King showed actually caused the justice the boy needed.
Which to finally answer our question on Rashi - yes, its very possible to say that there was a partnership between Mercy and Justice, as they are both from one single aspect and partners because the mercy in itself really is justice.
Rather - the answer is that the intention here is that the attribute of mercy itself is El-ohim - which is justice, and Jacob is asking that his justice should come through the pathway of mercy, as we have explained above being a unique mechanism built into The Creation.
קָטֹ֜נְתִּי מִכֹּ֤ל הַחֲסָדִים֙ וּמִכׇּל־הָ֣אֱמֶ֔ת אֲשֶׁ֥ר עָשִׂ֖יתָ אֶת־עַבְדֶּ֑ךָ כִּ֣י בְמַקְלִ֗י עָבַ֙רְתִּי֙ אֶת־הַיַּרְדֵּ֣ן הַזֶּ֔ה וְעַתָּ֥ה הָיִ֖יתִי לִשְׁנֵ֥י מַחֲנֽוֹת׃
I am unworthy of all the kindness and all the truth that you have so steadfastly shown Your servant: with my staff alone I crossed this Jordan, and now I have become two camps.
And through this process we comes to be subdued and humbled and we see that all the kindness we received was a punishment, as it brought us to a place of properly seeing and understanding the greatness and lovingness of HaShem, which puts us in our place.
This is the explanation of what Yaakov was saying before, Katonti, I have become small.. Yaakov is saying that I have become small in my eyes, because of your Chasadim, your Kindness.. because of your kindness I have become small in my eyes.. because when I saw all of the Chasadim that you do with me.. which is why we have the words Emet in there, that the truth was revealed to me through your Chasadim, kindness... because of your kindness, I was made aware of truth, and then I noticed how my actions are not proper, and I was made to feel lowly.. (but not from suffering, from kindness, which seems like the best form to get humbled).
וַיַּעֲבֹ֨ר יְהוָ֥ה ׀ עַל־פָּנָיו֮ וַיִּקְרָא֒ יְהוָ֣ה ׀ יְהוָ֔ה אֵ֥ל רַח֖וּם וְחַנּ֑וּן אֶ֥רֶךְ אַפַּ֖יִם וְרַב־חֶ֥סֶד וֶאֱמֶֽת ׀
The LORD passed before him and proclaimed: “The LORD! the LORD!-a a God compassionate and gracious, slow to anger, abounding in kindness and faithfulness,
So, based on what we learned above, we can say the intention here is that the justice comes right after the abundant kindness that HaShem bestows upon man, and because of that kindness, what happens? He will then come to realize the truth and his sins and have regret.
So we see that mercy and judgement actually are partners and work hand in hand. HaShem should help us to mercy and much kindness, and a great awareness to accept and understand all of this with wisdom and knowledge, amen, may it be His Will.
