Bal Tashchit - Do Not Wantonly Destroy

(19) When in your war against a city you have to besiege it a long time in order to capture it, you must not destroy its trees, wielding the ax against them. You may eat of them, but you must not cut them down. Are trees of the field human to withdraw before you into the besieged city? (20) Only trees that you know do not yield food may be destroyed; you may cut them down for constructing siegeworks against the city that is waging war on you, until it has been reduced.

(6) "You shall not cut down its tree by wielding an axe against it": This tells me only of iron (i.e., an axe blade). Whence do I derive (the same for destroying it by) diverting a water course from it? From "You shall not destroy its tree" — in any manner.

(7) (We are hereby taught that peace is offered for two days, and a third day before the battle. And so it states: (I Samuel 30:1) "And David Remained in Tziklag for two days." And gentile cities are not besieged fewer than three days before the Sabbath, (so that the siege not extend into the Sabbath); but if the siege began, it is not interrupted. This is one of three lessons taught by Shammai the Elder: A sea voyage is not begun fewer than three days before the Sabbath. When is this so? For a long voyage, but for a short one, it is permissible.)

(8) "For from it you shall eat": a positive commandment;

(9) "but it you shall not cut down": a negative commandment.

(10) Variantly: "for from it shall you eat": a tree providing life for a man. R. Yishmael reasoned hence: If the L-rd is so solicitous of the fruits of a tree, how much more so of the tree itself! And if Scripture exhorts against (cutting down) a tree, which only produces fruit, how much more so (does it exhort against destroying) fruit itself!

Ravina objects to this: And let the tanna also enumerate one who chops down beautiful fruit trees in the course of plowing, and its prohibition is from here: “For you may eat of it, and you shall not chop it down” (Deuteronomy 13:18).

§ The mishna teaches: One who cuts down his own saplings, although it is not permitted for him to do so, is exempt from payment. Nevertheless, others who cut down his saplings are liable. Rabba bar bar Ḥana taught the following baraita before Rav: If one charged another: You killed my ox, or: You cut down my saplings, and you are liable to pay for them, and the other responds: You told me to kill the ox, or: You told me to cut down the saplings, he is exempt from paying. Rav said to him: If that is so, you let no creature exist. Is it in his power to assert that because the other instructed him to cause damage he is exempt? With this claim, anyone who causes damage can exempt himself.

MISHNA: A person may not plant a tree near the field of another unless he distances it four cubits from the field. This is the case whether he is planting grapevines or any kind of tree. If there was a fence between them, this one may place, i.e., plant, his grapevines or trees close to the fence from here, and that one may place, i.e., plant, his produce close to the fence from there.

If the roots were spreading into the field of another, the owner of the field may dig to a depth of three handbreadths even if he severs those roots, so that they do not impede his plow. If he was digging a cistern in that spot, or a ditch, or a cave, and he came upon the roots of his neighbor’s tree, he may cut downward normally, and the wood from the roots is his.

GEMARA: A tanna taught: The four cubits that the Sages stated one must leave between a vineyard and a neighbor’s field are for the work of the vineyard, so that the owner of the vineyard does not take oxen and a plow into his neighbor’s field while working his vineyard. Shmuel says: They taught this halakha only with regard to Eretz Yisrael, but in Babylonia two cubits are sufficient, as their plows are shorter. This opinion is also taught in a baraita: A person may not plant a tree near the field of another unless he distances the tree two cubits from the field. But didn’t we learn in the mishna: Four cubits? Rather, is it not correct that there is a difference between Eretz Yisrael and Babylonia in this regard, as stated by Shmuel? The Gemara concludes: Indeed, learn from it that it is so.

They emerged from the cave, and saw people who were plowing and sowing. Rabbi Shimon bar Yoḥai said: These people abandon eternal life of Torah study and engage in temporal life for their own sustenance. The Gemara relates that every place that Rabbi Shimon and his son Rabbi Elazar directed their eyes was immediately burned. A Divine Voice emerged and said to them: Did you emerge from the cave in order to destroy My world? Return to your cave. They again went and sat there for twelve months. They said: The judgment of the wicked in Gehenna lasts for twelve months. Surely their sin was atoned in that time. A Divine Voice emerged and said to them: Emerge from your cave. They emerged. Everywhere that Rabbi Elazar would strike, Rabbi Shimon would heal. Rabbi Shimon said to Rabbi Elazar: My son, you and I suffice for the entire world, as the two of us are engaged in the proper study of Torah.

The Gemara asks: Say that you heard that Rabbi Yehuda rules that one is liable for performing a labor not needed for its own sake in the case of a constructive act; did you hear him deem one liable in the case of a destructive act? Rabbi Avin said: This case, where one rends his garment in anger, is also constructive, because in doing so he assuages his anger. Rending his garment calms him; therefore, it can be said that he derives benefit from the act of rending, and it is consequently a constructive act. The Gemara asks: And is it at all permitted to tear in that manner? Wasn’t it taught in a baraita that Rabbi Shimon ben Elazar says in the name of Ḥilfa bar Agra, who said in the name of Rabbi Yoḥanan ben Nuri: One who rends his garments in his anger, or who breaks his vessels in his anger, or who scatters his money in his anger, should be like an idol worshipper in your eyes, as that is the craft of the evil inclination. Today it tells him do this, and tomorrow it tells him do that, until eventually, when he no longer controls himself, it tells him worship idols and he goes and worships idols. Rabbi Avin said: What verse alludes to this? “There shall not be a strange god within you, and you shall not bow to a foreign god” (Psalms 81:10). What is the strange god that is within a person’s body? Say that it is the evil inclination. One may not rend his garments in anger, because in doing so he is deriving pleasure from satisfying the evil inclination.

And Rav Ḥisda also said: One who is able to eat barley bread and nevertheless eats wheat bread violates the prohibition against wanton destruction. One who wastes resources is comparable to one who destroys items of value. And Rav Pappa said: One who is able to drink beer and nevertheless drinks wine violates the prohibition against wanton destruction. The Gemara comments: And this is not a correct matter, as the prohibition against destruction of one’s body takes precedence. It is preferable for one to care for his body by eating higher quality food than to conserve his money.

Fruit-bearing trees must not be cut down outside of the city⁴³Under siege in order to pain them. nor do we block their irrigation water causing the trees to dry up, as it says, “do not destroy her trees” (Deut. 20:19). Anyone who cuts down a tree receives lashes. This is not only at times of a siege, but anyone at anytime who chops down a fruit-bearing tree by for destructive purposes receives stripes. The tree may be cut down if it is damaging other trees or it is damaging another’s field, or because the tree is more valuable for its wood than its fruit. The Torah only forbids wanton destruction.

And not only regarding trees, but even one who destructively breaks vessels or rips up clothing or tears down a building or seals up a spring or wastes food violates the Negative Commandment of “Do not destroy”. However, he only receives stripes for disobedience, in accordance with the Rabbis.

The root of this commandment is well-known - it is in order to teach our souls to love good and purpose and to cling to it. And through this, good clings to us and we will distance [ourselves] from all bad and destructive things. And this is the way of the pious and people of [proper] action - they love peace and are happy for the good of the creatures and bring them close to Torah, and they do not destroy even a grain of mustard in the world. And they are distressed by all loss and destruction that they see; and if they can prevent it, they will prevent any destruction with all of their strength. But not so are the wicked - the brothers of the destructive spirits. They rejoice in the destruction of the world, and they destroy themselves - [since] in the way that a person measures, so is he measured; which is to say that he clings to it forever, as the matter that is written (Proverbs 17:5), "the one who rejoices in calamity, will not be cleared (of evil)." And the one who desires the good and rejoices in it, 'his soul will dwell in the good' forever. This is known and famous.

Rav Yehuda said that Shmuel said: One builds a fire for a woman in childbirth on Shabbat during the rainy season. The Sages thought to infer from here the following: For a woman in childbirth, yes, one builds a fire; for sick people, no, he does not build a fire. In the rainy season, yes, one builds a fire; in the summer, no, he does not build a fire. And the Gemara concludes: That is not the case. There is no difference between a woman in childbirth and a sick person, and there is no difference between the rainy season and the summer. In all of these cases one may build a fire on Shabbat. This conclusion emerges from that which was stated: Rav Ḥiyya bar Avin said that Shmuel said: With regard to one who let blood and caught cold, one makes a fire for him even during the season of Tammuz, i.e., the summer. Failure to do so could result in serious illness. The Gemara relates that after Shmuel underwent bloodletting, they broke for him a wooden armchair made of teak [shaga] to build a fire. Similarly, for the sake of Rav Yehuda they broke a wooden table made of ebony [yavna], and for Rabba they broke a bench. They needed to build a fire due to the potential danger to Rabba. Since they could not find firewood, they kindled the fire with the furniture. And Abaye said to Rabba: In breaking the bench, didn’t the Master violate the prohibition, “Do not destroy” (Deuteronomy 20:19)? It is prohibited to destroy objects of value. Rabba said to him: Do not destroy also with regard to destruction of my body. Preventing illness and danger is preferable to me.

(4) The voices of six (objects of creation) go from one end of the world to the other, and their voices are inaudible. When people cut down the wood of the tree which yields fruit, its cry goes from one end of the world to the other, and the voice is inaudible. When the serpent sloughs off its skin, its cry goes from one end of the world to the other and its voice is not heard. When a woman is divorced from her husband, her voice goeth forth from one end of the world to the other, but the voice is inaudible. When the infant || comes forth from its mother's womb. When the soul departs from the body, the cry goes forth from one end of the world to the other, and the voice is not heard. The soul does not go out of the body until it beholds the Shekhinah, as it is said, "For man shall not see me and live" (Ex. xxxiii. 20).