Biblical and Rabbinic Paradigms on Environmental Justice

(1) Look at God's work - for who can straighten what He has twisted? (Ecclesiastes 7:13). When the Blessed Holy One created the first human, He took him and led him round all the trees of the Garden of Eden and said to him: “Look at My works, how beautiful and praiseworthy they are! And all that I have created, it was for you that I created it. Pay attention that you do not corrupt and destroy My world: if you corrupt it, there is no one to repair it after you. And not only that - you cause the death of that tzadik [Moses]. A simile - to what does Moses our teacher can be compared? To a pregnant woman who was incarcerated in a prison and there she gave birth to a son, she raised him there and died there. Some time later, when the king was passing by the entrance of the prison, the son shouted and said: 'My lord the king! I was born here! I was raised here! I don't know what is the sin that keeps me put in here. He answered him: Your mother's sin. It is the same with Moses, as it is written: Behold, the man has become one (Genesis 3:22) and it is written [also] Behold, your day of death is approaching (Deuteronomy 31:14)

§ The Gemara relates another story about Ḥoni HaMe’aggel. Rabbi Yoḥanan said: All the days of the life of that righteous man, Ḥoni, he was distressed over the meaning of this verse: “A song of Ascents: When the Lord brought back those who returned to Zion, we were like those who dream” (Psalms 126:1). He said to himself: Is there really a person who can sleep and dream for seventy years? How is it possible to compare the seventy-year exile in Babylonia to a dream? One day, he was walking along the road when he saw a certain man planting a carob tree. Ḥoni said to him: This tree, after how many years will it bear fruit? The man said to him: It will not produce fruit until seventy years have passed. Ḥoni said to him: Is it obvious to you that you will live seventy years, that you expect to benefit from this tree? He said to him: That man himself found a world full of carob trees. Just as my ancestors planted for me, I too am planting for my descendants. Ḥoni sat and ate bread. Sleep overcame him and he slept. A cliff formed around him, and he disappeared from sight and slept for seventy years. When he awoke, he saw a certain man gathering carobs from that tree. Ḥoni said to him: Are you the one who planted this tree? The man said to him: I am his son’s son. Ḥoni said to him: I can learn from this that I have slept for seventy years, and indeed he saw that his donkey had sired several herds during those many years. Ḥoni went home and said to the members of the household: Is the son of Ḥoni HaMe’aggel alive? They said to him: His son is no longer with us, but his son’s son is alive. He said to them: I am Ḥoni HaMe’aggel. They did not believe him. He went to the study hall, where he heard the Sages say about one scholar: His halakhot are as enlightening and as clear as in the years of Ḥoni HaMe’aggel, for when Ḥoni HaMe’aggel would enter the study hall he would resolve for the Sages any difficulty they had. Ḥoni said to them: I am he, but they did not believe him and did not pay him proper respect. Ḥoni became very upset, prayed for mercy, and died. Rava said: This explains the folk saying that people say: Either friendship or death, as one who has no friends is better off dead.

(1) To not destroy fruit trees: That we have been prevented from chopping down trees when we besiege a city to distress the people of the city and to sadden their hearts. And about this is it stated (Deuteronomy 20:19), "you may not destroy its tree, etc. and you shall not chop it down." And likewise not to do any damage - such as burning or ripping a garment or breaking a vessel for no reason - entered under this negative commandment And in all of these matters and in all that is similar to them, they, may their memory be blessed, would always say in the Gemara (Kiddushin 32a), "But behold, he is transgressing on account of 'do not destroy.'" And nonetheless we only administer lashes for one that cuts down a fruit tree, since it is explicit in Scripture. But with other destructions, we [only] give him lashes of rebellion (See Mishneh Torah, Laws of Kings and Wars 6:10).

(2) The root of this commandment is well-known - it is in order to teach our souls to love good and benefit 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.

(3) From the laws of the commandment is that which they, may their memory be blessed, said (Bava Kamma 91b) that the Torah only forbade cutting fruit trees when he cuts it down destructively. But it is certainly permitted to cut [them] if he finds a beneficial matter in it, such as the value of the wood become valuable and he wants to sell it; or to remove injury by cutting them, such as [if] it was damaging other trees better than it, or because it was damaging other fields. In all of these angles and in all that is similar to it, it is permissible. And they, may their memory be blessed, said (Bava Kamma 91b) that it is permitted to cut any non-fruit bearing tree - even when he does not need [its wood] - and [likewise] any fruit tree that is very old, to the point that it only gives a few fruit, for the sake of which it is not worthwhile to toil [on it]. And they, may their memory be blessed, said with an olive tree, it is permitted to cut anything that makes less than a fourth [of a kav]; and with a palm tree, less than a kav of dates.

(4) And in general, they, may their memory be blessed, forbade to do anything destructive. And they said about anyone who destroys anything out of rage (Shabbat 105a) that he is like one who worships idolatry, as so is the way of the evil impulse: Today it says to him, "Do this"; and if he trusts it, tomorrow, it will say to him, "Go and worship idolatry" - meaning to say that every person is obligated to rebuke his impulse and to conquer his desire to the point that he makes the intellectual soul dominate the desiring soul, until it becomes its maidservant and [the intellect] dominate it forever and ever. However, they brought in the Gemara (Shabbat 105a) stories of a few sages that showed themselves to be angry and they would throw down some food or some thing from their hand, in order to discipline the members of their household and to give them alacrity. Nonetheless their supervision would always be over them, that they not throw down something that would be destroyed by this. And the rest of the details of the commandment are in the second chapter of Bava Batra (see Mishneh Torah, Laws of Kings and Wars 7).

(5) And this prohibition is practiced in every place and at all times by males and females. And one who transgresses it and destroys fruit trees has violated this negative commandment and is liable for lashes. And for other destruction on other things that are not explicit, we lash him [with] lashes of rebellion.