Shoftim ~ Protect trees, protect humankind

(3) כי האדם עץ השדה FOR IS THE TREE OF THE FIELD A MAN [THAT IT SHOULD BE BESIEGED BY YOU]? — כי has here an interrogative function — "Really?" Is the tree of the field a person who is able to withdraw within the besieged city from before you, to suffer famine and thirst like the inhabitants of the city? Why should you destroy it?

(1) man is a tree of the field ... in my view this interpretation is not correct, because it makes no sense to explain a prohibition against destroying a fruit tree, on the grounds that a tree is not a man (and is thus incapable of running away). In my opinion there is no need for any of this. The meaning, rather, is as follows: You may eat of them, but do not cut them down, for man is a tree of the field (i.e., the life of man depends on the trees of the field). A similar construction appears in “for it is taking a life in pawn” [24: 6], which clearly means “it is taking the means of a man’s livelihood in pawn”. The phrase but do not cut them down is conceptually tied to the phrase to come before you in the siege, to wit: You may not destroy fruit-bearing trees, which are a source of life to mankind, but you may eat of their fruit; you are forbidden to destroy them so that the besieged city will surrender before you. The subsequent phrase cut to build up siegeworks is proof that this is the correct interpretation.

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'"...

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.

(8) Fruit-bearing trees must not be cut down outside of the city⁴³Under siege in order to pain them. nor do we block their irrigation water causing the trees to dry up, as it says, “do not destroy her trees” (Deut. 20:19). Anyone who cuts down a tree receives lashes. This is not only at times of a siege, but anyone at anytime who chops down a fruit-bearing tree by for destructive purposes receives stripes. The tree may be cut down if it is damaging other trees or it is damaging another’s field, or because the tree is more valuable for its wood than its fruit. The Torah only forbids wanton destruction.

(9) It is permitted to cut down a non-fruit-bearing tree even if the tree itself is not needed. Similarly, an old fruit-bear tree which only produces a small yield and is not worth the effort to maintain can be cut down. And how much olive yield must an olive tree produce for it not to be cut down? A quarter of a Kav of olives. A palm tree which produces a Kav of dates may not be cut down.

(10) And not only regarding trees, but even one who destructively breaks vessels or rips up clothing or tears down a building or seals up a spring or wastes food violates the Negative Commandment of “Do not destroy”. However, he only receives stripes for disobedience, in accordance with the Rabbis.