Shoftim (Deuteronomy 16:18-21:9)
OVERVIEW
The Hebrew word shofetim - meaning "judges" or "magistrates" - defines the theme of this important portion. Issues of jurisprudence and social ethics predominate, including guidelines for judges and courts of law, elders, kings, prophets, and priests, all of who have a role in maintaining a just society. Right up front, the text identifies the most important characteristic of a judge : the ability to remain impartial and objective. The shofet must not play favourites and must always resist bribes and other forms of influence.
The Torah again prohibits any forms of idolatrous practices, which are seen as the greatest perversion of God’s justice. The notion of a Monarch is discussed as a possibility when entering into the Promised Land. The Israelites can only appoint a King who has been selected by God, and the King must have an unyielding commitment to God, Torah, and the people of Israel. He too must not be distracted by material wealth or foreign influence, which might cloud his judgement.
Moses next addresses the Levites and emphasizes their special place among the people. The have both privilege and responsibility. Moses then turns from the priests to the notion of prophecy, and discusses how to distinguish between a true prophet and a false prophet. No other forms of divination or sorcery can be used to determine God’s will, and all false prophets and methods of divination must be wiped out. Cities of refuge and the importance of proper witnesses are discussed. The parashah ends with a discussion of proper approaches to warfare. Justice is to be maintained at all times, even times of war.
IN FOCUS
When you besiege a city for many days to wage war against it to seize it, do not destroy its trees by swinging an axe against them. You can eat from it, but you shall not cut it down; is a tree of the field a human who can enter the besieged city before you? (Deuteronomy 20:19)
PSHAT
This is common sense Torah. In the midst of a long chapter focusing on issues related to warfare, dealing with the diplomatic, human, and spiritual elements of war, we find this passage regarding warfare and trees. The Israelites are instructed, that, when waging war against a city, they are not to destroy trees that can provide food for them. As the commentary in the Art Scroll Stone Chummash notes, warfare is, by definition, destructive. Here, "the Torah demands that Jews remain conscious of the need to maintain their regard for the general welfare and cleave to their love of goodness." The passage concludes with one of the Torah’s few rhetorical questions, reminding us that war is a human institution. The other products of God’s creation cannot go to war. Therefore we should not wage war against them.
DRASH
This passage is the basis of the mitzvah know as Bal Tashkhit - "do not be destructive". In its original context, the meaning is very specific: it prohibits only the destruction of fruit trees, only when they are destroyed by cutting with an axe, and only during time of war. Later, the Rabbis of the Talmud extended this principle to discourage waste and destruction of any kind. The Sages reasoned that if the principle applied even under the duress of a war-time situation, how much the more so must it apply at other times (Sifrei on Parashat Shofetim). The Sages went on to deduce that other means of destruction, such as destroying trees by diverting a source of water, were also forbidden. Finally, they ruled by analogy that not only trees should not be destroyed, but we should not destroy anything of potential use, whether created by God directly or manufactured by humans.
The Rabbinic literature devotes a lot of discussion to the idea of Bal Tashkhit, and makes it clear that it is a important value. Distilled down to its essence, Bal Tashkhit is based in the idea expressed in Psalms, "The earth is the Eternal's, and all that it contains, the world and all its inhabitants" (Psalm 24:1). In the end, everything belongs to God, the Creator, and we humans, who have been given dominance over all (Genesis 1:28) are merely caretakers. This, then, begs a question. Consumption involves destruction. If we, as humans, have been given creation for our use and benefit, but are not allowed to destroy, how can we eat and build and make use of our natural resources in the development of our communities?
Maimonides (Mishneh Torah, Laws of Kings and Wars 6:8,10) address this issue head on, by defining the parameters of the negative commandment of Bal Tashkhit and by looking at the attitude behind the concept. First, Maimonides suggests, Bal Tashkhit only applies to wanton destruction. There are situations when it is permissible to cut down trees for appropriate use. Second, he distinguishes between the protection of trees, which he considered to be directly from the Torah, and the prohibition against destruction in general, which he considers to be rabbinic, and thus carrying a lighter penalty. Maimonides also introduces a more general ethical principle involved in Bal Tashkhit: that a person need to be trained not to be destructive. He wrote:
One should be trained not to be destructive. When you bury a person, do not waste garments by burying them in the grave. It is better to give them to the poor than to cast them to worms and moths. Anyone who buries the dead in an expensive garment violates the negative mitzvah of Bal Tashkhit. (Mishneh Torah, Mourning 14:24)
Bal Tashkhit has become the cornerstone of the contemporary Jewish environmental movement. By "training" ourselves to not be wasteful, by developing an awareness of our place in creation and the impact that our mindless consumption and wanton destruction has on the environment around us that God has provided, we not only develop an increased spiritual connection to the other elements of creation, but we also increase the bounty of the world around us, assuring that there will be plenty for all, now and in the future.
DAVAR AHER
The purpose of this mitzvah is to teach us to love that which is good and worthwhile and to cling to it, so that good becomes a part of us and we will avoid all that is evil and destructive. This is the way of the righteous and those who improve society, who love peace and rejoice in the good in people and bring them close to Torah: that nothing, not even a grain of mustard, should be lost to the world, that they should regret any loss or destruction that they see, and if possible they will prevent any destruction that they can. Not so are the wicked, who are like demons, who rejoice in destruction of the world, and they are destroying themselves. (Sefer Ha-Hinukh, #529)
For more information on Bal Tashkhit and the Jewish environmental movement, visit the web site of the Coalition on the Environment and Jewish Life.
