The Emergence Of Environmentalism
From the commandment not to cut down trees in war, we derive the prohibition against the careless destruction of nature.
Provided by KOLEL--The Adult Centre for Liberal Jewish Learning, which is affiliated with Canada's Reform movement.
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.
"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).
This whole section of the parashah 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.
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 tashhit. (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)