Friday, August 21, 2020

bal tashchis

כִּֽי־תָצ֣וּר אֶל־עִיר֩ יָמִ֨ים רַבִּ֜ים לְֽהִלָּחֵ֧ם עָלֶ֣יהָ לְתׇפְשָׂ֗הּ לֹֽא־תַשְׁחִ֤ית אֶת־עֵצָהּ֙ לִנְדֹּ֤חַ עָלָיו֙ גַּרְזֶ֔ן כִּ֚י מִמֶּ֣נּוּ תֹאכֵ֔ל וְאֹת֖וֹ לֹ֣א תִכְרֹ֑ת כִּ֤י הָֽאָדָם֙ עֵ֣ץ הַשָּׂדֶ֔ה לָבֹ֥א מִפָּנֶ֖יךָ בַּמָּצֽוֹר

Abarbanel says that this mitzvah is chizuk for battle.  "Ki mimenu tochal" -- you are going to conquer the city you lay siege to and will then be able to enjoy the fruit of its trees.  Why wreck what will be your future home?

Apropos of it being Elul, many meforshim read this mitzvah as teaching us something about how to fight our battle with the yetzer ha'ra.  Doing teshuvah should not be a scorched earth policy where everything from the past is thrown out.  Don't destroy the trees that can produce fruit, the valuable elements of your old self that can be utilized to produce good.

(It occurred to me that how fitting it is that this pasuk should appear in this week's parsha, the week in which the gaon R' Zalman Nechemya Goldberg, הגרז"ן, was niftar.)

The Rambam in Hil Melachim 6:8 formulates this issur as follows:

אין קוצצין אילני מאכל שחוץ למדינה ואין מונעין מהם אמת המים כדי שייבשו. שנאמר לא תשחית את עצה. וכל הקוצץ לוקה. ולא במצור בלבד אלא בכל מקום כל הקוצץ אילן מאכל דרך השחתה לוקה. אבל קוצצין אותו אם היה מזיק אילנות אחרים. או מפני שמזיק בשדה אחרים. או מפני שדמיו יקרים. לא אסרה תורה אלא דרך השחתה:

A few points:

1) It's not just cutting down a tree which is assur, but even destroying the tree through a grama, like not watering it, is assur.  Chazal derive this from the fact that the pasuk uses the lengthy formulation of  "lo tashchis... lindoach alav garzen"  instead of just saying "lo tidach alav garzen."

2) Contrast the Rambam's formulation here with what his writes in Sefer haMitzvos lav 57:

שהזהירנו מהשחית האילנות כשנצור על עיר כדי להצר לאנשיה ולהכאיב לבם.

Here the Rambam adds that not only is cutting down the tree unnecessarily assur, but even if cutting down the tree serves the purpose of causing pain to the enemy, it is still prohibited.

Ramban (Sefer haMitzvos, mitzvos aseh that the Rambam left out #6) disagrees on two points.  Firstly, he counts eating the fruit as a mitzvas aseh in addition to the lav of bal tashchis:

נצטוינו כשנצור על עיר לאכול מן האילנות שבגבולה כל ימי המצור ואם נכרות אותם לבטלה דרך השחתה נעבור על עשה מוסיף על הלאו

Secondly, he holds that cutting down trees to strike fear in the heart of the enemy is permitted:

 אבל בצאתנו מעל ארץ אויב נשחית ונחבל כל עץ טוב וכן בימי המצור להצר לאנשי העיר בהשחתת האילנות שלא יחיו מהם כל זה מותר, לא אסרה תורה אלא השחתה בחנם

Maybe this issue relates to a different machlokes.

The gemara (B"K 91) writes that you can chop a tree down if the gain is "me'ulah b'damim."  Rashi and the Raavad explain the gemara as dealing with a case where the wood of the tree is more valuable than the fruit, e.g. the wood can be used to make a valuable piece of furniture.  The Rosh, however, says an even bigger chiddush: if the cleared land would be more valuable than the tree itself, e.g. you want to develop real estate there, you can chop the tree down.

In the Rashi/Raavad example, the net benefit is a direct result of having the wood from the tree.  In the Rosh's example, the tree poses an opportunity cost -- it's not the wood itself which provides a direct benefit, but it's having the land which is what's valuable.  Achronim debate whether Rashi/Raavad and Rambam's omission of the Rosh's example implies that they disagree with his chiddush or not.

Here too, in Ramban's case the wood from the tree is not being used to fashion a weapon.  The benefit from having the tree removed is indirect -- the enemy is deprived of food, the enemy perceives the battle is turning against them, etc.  Is that enough justification to allow chopping down the tree?

Achronim discuss whether it is permissible to chop a tree down l'tzorech mitzvah, e.g. for schach on your sukkah.  In this case the benefit may come directly from the wood of the tree, but it is an intangible, spiritual benefit which is motivating the behavior rather than a physical need.  Again, the question may be how narrowly or not to define "me'ulah b'damim."

6 comments:

  1. Yasher koach, as always.
    You could have waited till Ki Seitzei for Bal Taschis, but you jumped the gun because of Ellul.
    You say Achronim discuss whether one may cut for tzorech mitzvah. I am not familiar with any such achronim, and if there are, and they asser, then they're simply wrong.

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  2. For example. The Mishna LeMelech Isurei Mizbei'ach 7:3 brings a Be'er Sheva that says that cutting fruit wood for the Ma'aracha is only muttar because of "Mitzva Gedola," but he rejects it because they didn't uproot the tree entirely. But Gedola/not Gedola really doesn't mean anything. A mitzva is a mitzva, and I don't see why the maaracha is so special.

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    1. I think you are right and have not found anyone come out and say assur, but enough people at least discuss the question to warrant (I thought so, at least) labeling it a question.

      https://hebrewbooks.org/pdfpager.aspx?req=39321&st=&pgnum=273

      See the initial thought of the Panim Yafos at bottom of first column that tzorech mitzvah is not enough because bal tashchis is a lav + aseh and ain aseh docheh l"t v'aseh. Also in Shu"T l'Horos Noson https://hebrewbooks.org/pdfpager.aspx?req=14697&st=&pgnum=75 he goes with the same approach and gets involved in the nitty gritty of what is mitzvah gedolah and what about b'idnah and all those technical details that you only need to come onto if you are working within the aseh doche l"t framework. If you hold tzorech mitzvah is no worse that me'ulah b'damim / is not derech hashchasa, then the whole discussion should be moot...

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    2. I know it's a flaw. But I have a tendency to get impatient with the dithering about "maybe this, and maybe that...." How hard would it be to simply say that there's a difference between hashchasa and chaticha. I'm thinking about this for a piece on the same issur, dealing with R Chisda and R Pappa in Shabbos on 140b that superficially implies that spending extra for pleasure is bal tashchis, that any expenditure for pleasure alone is hashchasa of your money. Taking it at face value would lead to bizarre conclusions.

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    3. Chaim, 3:15pm, from Panim Yafos-- "tzorech mitzvah is not enough because bal tashchis is a lav + aseh..."

      what of 21:22, hang on a pole, aseh, + 21:23, do >not< leave hanging on the pole, lav? the pole is a detached tree, Sanhedrin 46b. could a productive fruit tree be cut down for that double, +/-, mitzvah??


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  3. [a loitering layman bifnei "bal tashchis"]


    -- the double lashon of 20:19, lo-tashchis AND lo tichros; and of 20:20, hu oso tashchis V'karata: wherefore?

    the trees in question are as doorposts/mezuzos to the city under siege. the fruit tree you may not inscribe/tashchis* with your symbols, NOR may you cut it down. the non-fruit tree you may either inscribe by hatchet, OR fell.

    wouldn't it be enough to say by the fruit tree, that you may not carve/inscribe upon it [and we would then know that it cannot be cut down]? no! we might have thought that one could as it were 'punish' the bark for its disobedience, Bereishis 1:12 {not a fruit tree producing fruit, as ordered 1:11, but just a tree}. 20:19 teaches that there is no such heter.

    but wouldn't it be enough to say by the non-fruit tree, that you may cut it down [and we would then know that one may inscribe on it while it stands]? no! we might think that the bark of the non-fruit tree, which was never disobedient, should be spared defacement [even though the entirety may be chopped down]. 20:20 tells us that there is no such isur...


    *lo-tashchis in the sense of 'mar', as in Vayikra 19:27b.


    -- doesn't pasuk 19:5 resonate too much with pasuk 20:19 to be entirely 'l'havdil'? what's the relation?

    the ax handle from which the deadly iron head flew, was made of wood from a viable fruit tree*!

    *[that was unjustifiably undone]

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