A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Sefer Hachinuch

Misva #529: Not to Destroy Fruit Trees

Lectured by Rabbi Eli Mansour

Published
September 15, 2023
Duration
04:00

Lecture Text

The Torah in Parashat Shoftim (Debarim 20:19) commands that when Beneh Yisrael go out to war and lay siege to a city, they may not cut down fruit trees that the city’s residents could use for food. This verse establishes the prohibition against cutting down fruit trees, and, by extension, against unnecessarily destroying anything that could be used, such as tearing a garment or breaking a utensil for no reason.

The Sefer Ha’hinuch explains that the Torah issued this command in order to keep us away from negative character traits. Destroying even something as small like a mustard seed, the Sefer Ha’hinuch writes, is improper. He adds that righteous people ensure not to destroy anything, and go to great lengths to prevent even small items from going to waste. Wicked people, by contrast, go around breaking and destroying, and even ruin the most precious of all assets – their own bodies and their own souls, through their wrongdoing. The Torah therefore commands us to avoid destroying items which can be used.

This prohibition forbids only cutting trees “Drech Hash’hata” – in a destructive manner, but not for a constructive purpose. For example, if a tree’s wood is more valuable than its fruits, then one may cut it down to use or sell its wood. Or, if a fruit tree is causing damage to other trees in the vicinity, which are more valuable than this lone tree, that tree may be cut down for the sake of preserving the other trees. Likewise, if a tree no longer produces quality fruits, such that the time and cost of maintaining the tree exceeds the value of its output, then it may be cut down.

This Misva is binding in all times and places, and upon both men and women. One who cuts down a fruit tree transgresses this command and is liable to Malkut. Damaging in other ways is included in this prohibition, but does not carry the punishment of Malkut, as the verse speaks specifically of cutting fruit trees, and other forms of damage are inferred through our oral tradition. Nevertheless, one who damages in other ways would be liable to “Makat Mardut” – lashes by force of Rabbinic enactment.