Commentary on Parashat Shoftim, Deuteronomy 16:18-21:9
Overview
The word shoftim means “judges”; issues of jurisprudence and social ethics predominate in this Torah portion, including guidelines for the behavior of courts of law, elders in the community, the king, prophets, priests and even warfare.
In Focus
“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 the trees of the field human to withdraw before you into the besieged city? Only trees that you know do not yield food may be destroyed” (Deuteronomy 20:19-20).
Text
This whole section of the Torah portion deals with rules for warfare, setting limits on what the Israelite army may do even in the heat of battle. In these verses, “scorch and burn” warfare is prohibited; the Israelite army may not destroy the source of sustenance of the enemy city, even if they are seeking to conquer it.
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Commentary
Beginning in the time of the Talmud, these verses were understood to apply to all of life, not just a time of war. The rabbis derived from these verses a principle called bal taschit, or “do not destroy,” which they formulated as a general prohibition against the destruction or wasting of anything potentially useful or necessary to sustain life. For example, the Talmud itself says:
Whoever breaks vessels, or tears garments, or destroys a building, or clogs a well, or does away with food in a destructive manner violates the negative mitzvah of bal taschit. (Kiddushin 32a).
Hundreds of years later, Maimonides applied the law to both trees and other objects, though he concedes that trees may be cut down as part of a thoughtful agricultural decision:
It is forbidden to cut down fruit-bearing trees outside a besieged city, nor may a water channel be deflected from them so that they wither. Whoever cuts down a fruit-bearing tree is flogged. This penalty is imposed not only for cutting it down during a siege; whenever a fruit-yielding tree is cut down with destructive intent, flogging is incurred. It may be cut down, however, if it causes damage to other trees or to a field belonging to another man or if its value for other purposes is greater. The law forbids only wanton destruction…. Not only one who cuts down trees, but also one who smashes household goods, tears clothes, demolishes a building, stops up a spring, or destroys articles of food with destructive intent transgresses the command “you must not destroy.” (Mishna Torah, Laws of Kings and Wars 6:8,10)
Because the principle of bal taschit demands that we refrain from engaging in destructive or wasteful actions, many contemporary Jews have understood it to be part of an emerging Jewish environmental consciousness. For example, some contemporary writers have suggested that a commitment to bal taschit in its original context might lead Jews to greater activism to prevent the wasteful exploitation or destruction of wilderness areas. On a more everyday level, bal taschit might serve as a religious language for greater conservation and recycling efforts on the part of Jewish homes and institutions.
The Sefer HaChinuch, a 13th century explanation and discussion of each of the 613 commandments, finds an even deeper teaching embedded in the principle of bal taschit:
The purpose of this mitzvah [commandment of bal tashchit] is to teach us to love that which is good and worthwhile and to cling to it, so that good becomes a part of us and we will avoid all that is evil and destructive. This is the way of the righteous and those who improve society, who love peace and rejoice in the good in people and bring them close to Torah: that nothing, not even a grain of mustard, should be lost to the world, that they should regret any loss or destruction that they see, and if possible they will prevent any destruction that they can. Not so are the wicked, who are like demons, who rejoice in destruction of the world, and they are destroying themselves. (Sefer HaChinuch, #529)
According to this interpretation, acting to safeguard the beauty and abundance of the world is a measure of our appreciation of it. Inculcating a consciousness of our behavior is at the core of Judaism, as the teachings pertaining to sacred time and moral rigor might suggest. Bal taschit asks us to apply that same conscientiousness to the ecological consequences of our everyday actions; perhaps that kind of consciousness is an essential part of “righteousness” for our times.
Provided by KOLEL–The Adult Centre for Liberal Jewish Learning, which is affiliated with Canada’s Reform movement.
Those interested in more information on Jewish environmental activism and a more in-depth look at Judaism’s perspectives on environmental issues, may want to go to Coalition on the Environment and Jewish Life and Hazon.
mitzvah
Pronounced: MITZ-vuh or meetz-VAH, Origin: Hebrew, commandment, also used to mean good deed.
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Talmud
Pronounced: TALL-mud, Origin: Hebrew, the set of teachings and commentaries on the Torah that form the basis for Jewish law. Comprised of the Mishnah and the Gemara, it contains the opinions of thousands of rabbis from different periods in Jewish history.
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Torah
Pronunced: TORE-uh, Origin: Hebrew, the Five Books of Moses.
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