A Text Study on the Environment
Rabbi Barry Freundel

Rabbi Freundel led this text study with the Green Group at our opening meeting, in June 2000. It includes numerous Torah resources on the importance of protecting the environment.

Source #1: Midrash Rabbah - Ecclesiastes VII:20

20. CONSIDER THE WORK OF GOD; FOR WHO CAN WHICH HE HATH MADE CROOKED (VII, 13)? When the Holy One, blessed be he, first created the first man, He took him and led him round all the and said to him, "Behold My works, how beautiful and commendable they are! All that I have created, for your sake I created it. Pay heed that you do not corrupt and destroy my universe; for if you corrupt it there is no one to repair it after you."

Source #2: Talmud - Mas. Baba Kama 50b

Our Rabbis taught: A man should not remove stones from his ground onto public ground. A certain man was removing stones from his ground on to public ground. A pious man found him doing so and said to him, "Fool, why do you move stones from ground which not yours to ground which is yours?" The man laughed at him. Some days later he had to sell his field, and when he was walking on public ground he stumbled over those stones. He then said, "How well did that pious man say, 'stones from ground which is not yours to ground which is yours?'"

Source #3: Tanach - Deuteronomy Chapter 20

19. When you shall besiege a city a long time, in making war against it to take it, you shall not destroy its trees by forcing an ax against them; for you may eat of them and shall not cut them down. For is the tree of the field a man that it should be besieged by you? Only the trees which you know are not trees for food, you shall destroy and cut them down; and you shall build siege works against the city that makes war with you, until it is subdued.

Source #4: Maimonides Law of Kings: 6

8. We must not cut down fruit trees outside a city nor prevent an irrigation ditch from [bringing water to] them so that they dry up as [Deuteronomy 20:19] states: "Do not destroy its trees." Anyone who cuts down [such a tree] should be lashed. Nevertheless, a fruit tree may be cut down if it causes damage to their trees, to fields belonging to others, or if a high price [could be received for its wood]. The Torah only prohibits cutting down trees with a destructive intent.
9. It is permissible to cut down any fruitless tree [even if no one had heed for the lumber or the space it takes up]. Similarly, one may cut down a fruit tree that produces only a slight yield which does not warrant the effort required to care for it. What is the yield that an olive tree must produce to warrant that it not be cut down? A quarter of a kav of olives. Similarly, a date palm which yields a kav of dates should not be cut down.
10. [This prohibition does not apply] to trees only. Rather, anyone who breaks utensils, tears garments, destroys buildings, stops up a stream, or ruins food with destructive intent transgresses the command "Do not destroy." He receives "blows enforcing submission," [as instituted] by the Rabbis.

Source #5: Talmud - Mas. Arachin 33b

MISHNAH. ONE MAY NOT TURN A FIELD INTO A CITY'S OUTSKIRTS, (11) NOR A CITY'S OUTSKIRTS INTO A FIELD (12) NOR A CITY'S OUTSKIRTS INTO A CITY, (13) NOR A CITY INTO A CITY'S OUTSKIRTS. (14)

(11) An open space outside of a city which was neither sown nor built upon. Num. XXXV, 3: And their open land shall be for their cattle, and for their wild beasts. (Ibid. 4:) From the walls of the city and outward, a thousand cubits round about.
(12) In the former case the change would reduce the cultivated area, in the latter, the city would become ugly, because its beautiful appearance requires an open space round about it.
(13) In order to extend the street build houses or the like.
(14) One would decrease the number of the city's inhabitants, or destroy its aspects, by changing the city into its outskirts.

Source #6: Talmud - Mas. Baba Bathra 25a

MISHNAH. CARRION, GRAVES, AND TANYARD MUST BE FIFTY CUBITS FROM A TOWN. (1) A TANYARD MUST ONLY BE REPLACED ON THE EAST SIDE OF THE TOWN. R. AKIBA, HOWEVER, SAYS IT MAY BE REPLACED ON ANY SIDE EXCEPT THE WEST, PROVIDING IT IS KEPT FIFTY CUBITS AWAY.

(1) Because of the bad smell.

Source #7: The Book of Acquisition: Neighbors
Chapter X
1. A tree may not be grown within a distance of 25 cubits from the town, or 50 cubits if it is a carob or a sycamore tree, in order to preserve the beauty of the town. Every tree that is found nearer to the town than that must be cut down. If the tree was there first, the residents of the town compensate the owner of the tree for it. If it is doubtful which was there first (the tree or the town), the owner of the tree is not compensated; he is entitled merely to its wood.

2. A permanent threshing floor may not be made within 50 cubits of the town, so that the wind may not carry the chaff when the owner winnows and harm the residents of the town. Thus also one may not make a permanent threshing floor on his own premises unless his ground extends 50 cubits in each direction (north south east west), in order that the chaff should not harm his neighbor's plants or his furrows.

3. Carcasses, graves, and tanneries must be kept 50 cubits from the town.

4. A tannery may be set up only on the east side of the town because the east wind is mild and reduces the unpleasantness of the odors produced by the tanning of the hides.

Chapter XI

1. He who constructs on his property a threshing floor or a privy or does not do work which raises dust and particles of earth and the like must, in order that these do not do harm to his neighbor, do so at a distance where the particles of earth or dust will not reach his neighbor. Even if it is the wind that help carry the particles or the tow or the chaff, and the like, to his neighbor while he is doing his work, he is obligated nevertheless to leave distance enough to prevent damage to his neighbor even by means of an ordinary wind, because all of the instances are similar to doing damage with one's arrows.

2. Though he is obligated to beat the prescribed distance, yet if an ordinary wind carries the chaff or the particles of earth and causes damage he is not liable, because the wind has had a share in and the damage is thus not a result solely of his action.

4. With respect to any of the prescribed distances mentioned in the preceding chapters, if one does not keep the proper distance and the other sees it and is silent, the latter waives his right to challenge the first. In addition, he cannot thereafter change his mind and compel him to withdraw to the proper distance.

This obtains if it is apparent that he has waived his right, as when he helps the first at the time or tells him to do it or sees the other doing so along his property and is silent and does not resent it. Whoever holds unchallenged neighbor's property acquires title to that easement, as we have already explained.

This applies only to damages other than the four mentioned in this chapter, to wit: smoke, the smell of a privy, dust and the like, and the stir on the ground. To these four there is no legal title on grounds of an unchallenged practice. Even if he is silent many years he can change his mind and compel him who causes the damage to withdraw to the proper distance.

Thus also in the case of discomfort that comes from being exposed to the view of the other, where the law is that a wall must be erected, we rule that the aggrieved party can compel the other to erect a wall whenever he wants, as we have already explained. Why are these kinds of damage different from the other kinds? The answer is that it is hard for one to endure these, and we presume that he who suffers the damage has not waived his right to prohibit them inasmuch as he is subjected to persistent suffering. However, if he has bound himself by a kinyan the right is waived (even) in case of those damages.

5. If one is accustomed to work in his place with blood or with carrion, and the like, and ravens and similar birds come for the blood and eat it, it is possible that they may annoy his neighbor with their noise and shrieking or with the blood on their feet, with which they soil the fruit (of the trees on which they perch). If the man is a sensitive man or is harmed in some way by this shrieking, or if his neighbor's fruits become damaged by the blood, the former must desist from that work or do it at a distance that will not cause any damage, because this is comparable to the damage resulting from the smell of a privy, and the like, where unchallenged practice does not constitute a right.

Thus the Geoniim rule similarly in the case of residents of an alley or a courtyard in the case that one of them becomes a bloodletter. If the residents do not protest it, so that he would establish his right thereby, the residents at all times can hinder him, saying, "We cannot sleep because of the noise of the people coming and going." This is a persistent damage like smoke and dust.

6. If, by unchallenged possession, one claims the right of easement in the case of damages in which such a claim is valid, as when he opens a window looking into the property of his neighbor or draws a channel of water through it or does not leave the prescribed distances where such are prescribed, and he claims, "You allowed me to make it," or "Your were aware of the damage and were silent and did not raise objections against it," while the aggrieved party pleads, "I have noticed it only now and was not aware of it before," or says, "When I first saw it I protested against it, but you said that by-the-by you would withdraw to the proper distance," or "would wall up the window," and "you put me off from one day to another in order to have your damage become permanent and thus establish your right by uninterrupted possession"-in all these cases and the like the burden of proof is on him who suffers the damage. If he does not produce any proof he who causes the damage is administered an oath of inducement and is acquitted.

7. But if one claims the right of easement in case of damages that are not subject to that right, as in the case of causing smoke and setting up a privy and the like, and he who does the damage pleads that the injured party has bound himself to his waiver by a kinyan, then the former has to bring proof that the latter was so bound himself. If he does not bring such proof, the injured party submits to an oath of inducement that he has not bound himself by a kinyan and the other has to remove the cause of the damage.

Source #8: Talmud --- Mas. Baba Metzia 100b

IF THE RIVER SWEPT A WAY A MAN'S OLIVE TREES AND DEPOSITED THEM IN HIS NEIGHBORS FIELD (AND THERE THEY PRODUCED OIVES) AND ONE MAINTAINS, "MY OLIVES TREES PRODUCED THEM," WHEREAS THE OTHER CLAIMS, "MY LAND CAUSED THE YIELD," THEY DIVIDE.

Talmud - Mas. Baba Metzia 101a
A Tanna taught: If he said, "I wish to take my olive trees," he is not heeded. Why? -- R. Yohannan said that Palestine may be well cultivated. R. Jeremiah said, "For such an answer, a master is necessary."

Source #9: Talmud --- Mas. Tamid 29b

THEY BEGAN TO TAKE UP THE LOGS TO LAY THE FIRE -- EXCEPT VINE AND OLIVE WOOD. Why were these excepted? - R. Papa said: Because they have knots. (7) R. aha b. Jacob said, Because of the amenities of the Land of Israel. (8)

(7) Which retain moisture and so prevent the wood from catching.

(8) Lit., "the Settlement of the Land of Israel." To which vines and olive trees were held to contribute in a high degree.

Source #10: Talmud --- Mas. Baba Kama 82b

Ten special regulations were applied to Jerusalem:. that no kilns should be kept there.

Source #11: Tanach --- Twelve Prophets ---- Yona Chapter 4

I 0. Then the Lord said, You had concern for the plant, for which you did not labor, nor did you make it grow; which came up in a night, and perished in a night. 11. And should I not spare Nineveh, that great city, where and twenty thousand persons who cannot discern between hand; and also much cattle?

Source #12: Talmud - Mas. Baba Metzia 85a

The sufferings of Rabbi came to him through a certain incident, and departed likewise.

'They came to him through a certain incident.' What is it? A calf was being taken to the slaughter. When it broke away, hid his head under the Rabbi's skirts, and lowed [in terror]. 'Go', said he, 'for this wast thou created.' Thereupon they said [in Heaven], 'Since he has no pity, let us bring suffering upon him.'

'And departed likewise.' How so? - One day Rabbi's maidservant was sweeping the house; [seeing] some young weasels lying there, she made to sweep them away. Let them be,' said he to her; 'It is written, "and His tender mercies are over all his works." Said they [in Heaven], 'Since he is compassionate, let us be compassionate to him.

Source #13: Sefer HaChinuch #62

Now the substance of sorcery, to my mind, is this: At the beginning of creation, the Eternal Lord (blessed is He) set for every single thing among the entities of the world a certain nature, to fulfill its good and proper function for the good of humankind that he created. And He ordered each entity to fulfill its function according to its species, as it is written in the sidrah b'reshith. "After its kind" (Genesis 1: 12, etc) in regard to the created organisms. Furthermore over each and every one He set a ruling force above it to impel it to its task; as the Sages of blessed memory said, 'you will find not a blade of grass below [on earth] which does not have a celestial being above that bids it, "Grow!"

Apart from their [regular] function which each and every organism does by its nature, they have another way of functioning when one species among them is mingled with another species. In the process of this mingling there are certain aspects, ways in which human beings were not permitted to utilize, since G-d knows that the end of the matter which will result for humanity through those aspects or ways will be harmful for them; and for this reason He withheld them from them.

In this vein our Sages of blessed memory said as a general rule, "Whatever contains a purpose if healing is not considered 'the ways of the Amorites.'" In other words, it is not to be forbidden because of an aspect of sorcery [in it]. There is useful benefit in it, truly found by experience, this is not one of the forbidden ways [of mingling spices]. After all, they were forbidden only on account of the harm in them.

Moreover, in those forbidden ways of mingling and devising [with two species] there is the power to form something new. On that account they were forbidden because the power of that mingling (merger) rises up so strongly that it temporarily nullifies the force of the celestial being appointed over the two species. An analogy for this would be, as you see, that that someone grafts one species onto a different one, thereby creating a third species which is new. The result is that the grafting has nullified the power of both angels of the original species.

Therefore, we were prohibited from even bringing to mind, much less doing with our hands, anything that will show any wish of ours to change anything in the whole, perfect works of G-d. Perhaps there will come to hand (we will succeed in deriving) from this a hint of the root purpose (of the negative precepts) about mingling species of seed (245) and the wearing of sha'atnez (a mixture of wool and linen (551). In their proper places we will write at greater length, with the help of the Eternal Lord.

Now, this is why our Sages of blessed memory said, "Why are they named sorceries?" The answer is because they contradict the angelic retinue above and below. In other words, their force rises up for a while stronger than the power of those angels appointed over them. Note the precision of their words (be their memory for a blessing): for they said the angels "retinue above," and not "the edict decreed above." For the Eternal Lord, blessed is He, ordained this, desiring from the beginning of Creation, that this reaction should result from the two of them when they (the two species) are mingled. In addition, this is clear, open proof of those appointed over them [that they are only angels, not divinities].

Source #14: Talmud - Mas. Shabbat 140b

R. Hisda also said, "When one can eat barley bread but eats wheaten bread he violates, thou shalt not destroy. (13) R. Papa said, "When one can drink beer but drinks wine, he violated, thou shalt not destroy. This, however, is incorrect; thou shalt not destroy, as applied to one's own person, stands higher. (15)
(13) Deut. XX , 19. I.e., it is a wasteful extravagance. (15) To consume better food and drink is beneficial, not wasteful.

Source #15: Tanach - Genesis Chapter I

27. G-d created man in His own image, in the image of G-d created He him; male and female He created them.
28. And G-d blessed them, and G-d said to them, "Be fruitful, and multiply, and replenish the earth, and subdue it; and have dominion over the fish of the sea, and over the birds of the air, and over every living thing that moves upon the earth."

Source #15: Tanach - Genesis Chapter 2

15. An the Lord G-d took the man, and put him into the garden of Eden to cultivate it and to keep it.

Source #16: Respecting all beings as G-d's property

Do not destroy anything ----- "tashchit lev"

When thou shalt besiege a city a long time, in making war against it to take it, thou shalt not destroy the trees thereof by wielding an ax against them, but thou shalt not cut them down; although man is also represented in the tree of the field and is therefore to be included before thee in a siege. Only the tree which thou knowest that it is not a tree for food, that thou mayest destroy and cut down, that thou mayest build bulwarks against the city that maketh war with thee, until it fall (Deut. XX, 19-20).

The Oral Law (Torah Shebe'al Peh) explains this as follows: Although thou are laying siege to a city, and you are thus about to do harm to man and therefore certainly need not respect the property belonging to man's personality more than man himself, nevertheless, you may not destroy this property without reason or purpose. If you have to cut down trees, be wise in your choice. Do not cut down fruit trees for the purpose of wood when you have timber trees at your disposal, as the trunk of the former has a higher purpose to fulfill, while the latter is given to you for the purpose of wood. From this you should hear the warning of G-d, "Do no destroy anything," and apply it to your whole life and to every being which is subordinated to you; from the earth which bears them all up to the garment which you have already transformed into you won cover.

Yea, "Do not destroy anything!" is the first and most general call of G-d, which comes to you, man, when you realize yourself as master of the earth. All round you perceive earth and plant and animal already bearing your imprint from your technical human skill. They have been transformed by your human hand for your human purposes, into dwelling place and clothing, food and instruments, and you have taken them as your property. Thus you stand in the midst of your earthly kingdom, and they are all servants of your might. If you should now raise your hand to play a childish and presumptuous game, to indulge in senseless rage, wishing to destroy that which you should only use, wishing to exterminate that which you should only exploit; if you should regard the beings beneath you as being objects without rights, not perceiving G-d Who created them, then G-d calls to you, "Do not destroy anything! Be a man! Only if you use the things around you for wise human purposes, sanctified by My teaching, only then are you a man and have the right over them which I have given you as a man. However, if you destroy, if you ruin, at that moment you are not a man, you are an animal, and have no right to the things around you. I lent them to you for wise use only. Never forget that I lent them to you. As soon as you use them unwisely, be it the greatest or the smallest, you commit treachery against My world, and you commit robbery and murder against My property; you sin against Me!" This is what G-d calls unto you, and with this call does He represent the greatest and the smallest against you and grants the smallest as also the greatest a right against your presumptuousness.

Therefore the Sages say, "He who in his wrath tears his clothes, breaks his vessels to pieces, or scatters his money, should, in your eyes be as one who has worshipped idols. For this is the way of passion- today it says, "Do this." Tomorrow it says, "Do that," until it also leads him who has become its slave to idol worship. In truth, there is no one nearer to idolatry than he who can disregard the fact that things are his creatures and property of G-d, and who presumes also to have the right, since he has the might, to destroy them according to this presumptuous will. Yes, he is already serving the most powerful idol in his inward self - anger, pride, above all, his ego, which, in his passion, regards itself as the master of things.

1) The first prohibition of creation is thus not to destroy anything large or small if it may still be of use, from the fruit tree which may still refresh the latest grandchild with its fruits down to the smallest piece of thread. In short, anything which may still serve some purpose to another.
2) The destruction does not only mean making something purposelessly unfit for its designated use; it also means trying to attain a certain aim by making use of more valuable things when fewer and less valuable ones would suffice; or if this aim is not really worth the means expended for its attainment.**
3) On the other hand, if the destruction is necessary for a higher and more worthy aim, then it ceases to be destruction and itself becomes wise creating.

**Examples of making use of more valuable things than necessary:
a) Every single purposeless destruction
b) Cutting down a fruit tree in order to use its wood for planks, when there are enough other trees available; cutting down a fruit tree merely in order to prettify the garden; similarly, burning a tool for the sake of heat, or kindling something which is still fit for other purposes, for the sake of light, burning more than is necessary; wearing down something more than is necessary, and similar actions; consuming more than is necessary, and similar deeds;
c) cutting down a fruit tree which is doing harm to other more valuable plants; or the trunk of which, when used for wood, is worth more than the fruits are to be expected. Therefore, also a withering fruit tree, which bears very little fruit, is to be regarded as a tree for wood. Burning a vessel when there is a scarcity of wood in order to protect one's weakened self from catching cold, cutting down fruit trees in order to use the space for house building, and similar practices (cf. Rambam, Hilchoth Melachim, chapter 6; Y.D. 116: 4, in the Taz, and B. Talmud, Shabbath, 67b-MarZutra). The prohibition of the castration of animal and bird also fall into this category 9 Levit. XXII, 24; E.G. 5: Iiff.

There is a lesser degree of destruction which must nevertheless be avoided; wasting (i.e., discarding the means at you disposal in a manner whereby the desired aim does not correspond to the extent of the divestment). This is an offense of a lesser degree, as the things in and of themselves are not destroyed but are passed to others for their use. Nevertheless, it is still destruction, since for you they have been destroyed. Every small or large possession which G-d grants you brings you the duty to make proper use of it, which also includes parting with it for wise purposes. If, however, you part with it for unwise purposes, or if for purposes which are praiseworthy in and of themselves, but in greater quantity than suits the purposes, then you destroy your means unnecessarily, if they cannot be used by you more wisely or for other wise purposes. Since every means at your disposal impresses upon you the duty of using it wisely, wasting can in no way be justified by the argument that others to whom your means have passed will use them wisely - a possible event which in any case you can never guarantee.

What comes far nearer to destruction, however, is avarice. This means regarding things as though possession was their whole purpose, and not just means, and using them for unwise purposes which are not demanded by duty. For that which the miser keeps buried and unused in his coffers is destroyed for all mankind, at least for the duration of his life. Add to this guilt of our unfulfilled duty rests upon every unused bit of property.

This, then, is the first law which is opposed to your presumption against things; regard things as G-d's property, and use them with a sense of responsibility for wise human purposes. Destroy nothing! Waste nothing! do not be avaricious! Be wisely economical with all the means which G-d grants you, and transform them into as large a sum fulfillments of duty as possible.