Mishneh Torah, Kings and Wars 6

Sugya Map

• Issue: The scope of bal tashchit (Do Not Destroy) and its associated onesh (punishment). Does the issur d'Oraita (Torah prohibition) apply universally, and is the chiyuv malkot d'Oraita (Torah-level lashing liability) equally broad?
• Nafka Mina: Practical implications for destroying non-fruit trees, garments, utensils, etc., distinguishing between issur and onesh.
• Primary Sources: Devarim 20:19-20, Mishneh Torah, Kings and Wars 6:10, Sefer HaChinuch, Mitzvah 529.

Text Snapshot

Rambam, MT Kings and Wars 6:10Mishneh Torah, Kings and Wars 6:10: "This prohibition does not apply to trees alone. Rather, anyone who breaks utensils, tears garments, destroys buildings, stops up a spring, or ruins food with a destructive intent transgresses the command 'Do not destroy.' However, he is not lashed. Instead, he receives stripes for rebellious conducts instituted by the Sages." The Rambam's use of "עובר בלא תשחית" (transgresses bal tashchit) for all these destructive acts implies a singular, broad issur. The subsequent "אינו לוקה אלא מכת מרדות" (is not lashed, but rather makkot mardut) sharply delineates the specific onesh for non-tree items.

Readings

Rambam, MT Kings and Wars 6:10

The Rambam establishes that the issur of bal tashchit is extensive, covering any act of wasteful destruction. However, malkot d'Oraita are specifically reserved for fruit trees, while other destructive acts incur makkot mardut (rabbinic lashes).

Sefer HaChinuch, Mitzvah 529Sefer HaChinuch, Mitzvah 529

The Chinuch affirms the broad issur of bal tashchit for "שום דבר מועיל לבני אדם" (anything useful to humans). He clarifies that while the issur is general, the onesh of malkot is explicitly mentioned only for trees in the Torah, implying its limitation.

Friction

Kushya

If the issur of bal tashchit is a comprehensive d'Oraita prohibition encompassing the destruction of any useful item, why does the Torah's explicit onesh of malkot only apply to cutting down fruit trees (Devarim 20:19Deuteronomy 20:19), and not other acts of destruction?

Terutz

The ChinuchSefer HaChinuch, Mitzvah 529 suggests that while the issur is broad, the Torah chose fruit trees as a paradigmatic case to attach the severe onesh of malkot. The issur itself is derived from the general principle of not destroying God's world, with makkot mardut extending rabbinically to other violations to reinforce the underlying d'Oraita prohibition.

Intertext

• Bava Kamma 91bBava Kamma 91b: Discusses the issur of bal tashchit in various contexts beyond trees, such as destroying clothing or breaking vessels, underscoring the broad scope of the prohibition.
• Rambam, Hilchot Avel 14:24Mishneh Torah, Avel 14:24: Cites bal tashchit regarding excessive garment tearing during mourning, highlighting its application even in emotionally charged situations, reaffirming its general scope.

Psak/Practice

The Halacha follows the Rambam: bal tashchit is a comprehensive issur d'Oraita against wasteful destruction. However, malkot are d'Oraita only for destroying fruit trees. For other destructive acts, makkot mardut are administered, reinforcing the Torah's prohibition via rabbinic decree. This distinction is crucial for understanding the interplay between issur and onesh in Halacha.

Takeaway

Bal tashchit embodies a profound Torah imperative against wanton destruction, broadly applicable but with malkot d'Oraita narrowly defined. This reflects a layered approach to issur and onesh.

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References

Mishneh Torah, Kings and Wars 6:10 Sefer HaChinuch, Mitzvah 529 Deuteronomy 20:19 Bava Kamma 91b Mishneh Torah, Avel 14:24