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Environment in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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12 Walter Jacob

Land of Israel; therefore the Babylonian Talmud contained no discussion of the details; nor was the opportunity used to create a general principle of not disturbing the broader order of nature. The same limitation to the Land of Israel was also applied to the entire division of Zeraim, except the tractate that dealt with wor­ship. This meant that the major agricultural regulations of the Bible no longer were in force for the majority of the Jewish pop­ulation, which lived outside the Land of Israel. The laws of the Sabbatical year(Lev. 25:2ff), the Jubilee year(Lev. 25:11), laws on harvesting in field and orchard(Lev. 19:23), and birds and their young(Deut. 22:7f)!° which the Mishnah made more specific, were not expanded by the later rabbinic tradition of the Baby­ lonian Talmud and successive literature into long term concerns for the natural world, because the rabbinic tradition lim­ited most of them to the Land of Israel(Git . 36a). This limitation was accomplished through close interpretation of the specific biblical verses, probably prompted by economic pressure(Shev. 92a). The Jewish farmer could not survive in a setting where he alone let his land rest during the Sabbatical year. Economic forces, not ecology, played the dominant role.

In urban communities, concern over industrial pollution was expressed. Industries such as tanning and dyeing(B.B. 2:9) had to be located outside the town, on the eastern edge and at least fifty yards away, and one was to guard against polluting the water with these processes. The ovens used for the production of clay utensils were also mandated to be located outside the towns, as the smoke was polluting and as the fires presented a constant danger(B.B. 23a, etc.). Smiths and iron workers were restricted from certain neighborhoods because of the dirt and noise that they caused(Sotah 9:10). Cemeteries were also located fifty yards outside the towns(B.B. 25a; Ket 20b) because of the potential pollution of the water supply. No water channels were permitted in cemeteries as that water was likely to be polluted (Meg 29a). There was even a proverb that stated that if a ceme­tery were to be located within fifty yards of the town, the entire town would soon be a cemetery. Dung was prohibited in Jerusalem (Tosefta Neg. 6:2) and presumably in other towns as well. Efforts were made to deal with privies and private hygiene (Ber. 62a; San. 17b). A system for dealing with complaints was initiated and controls were imposed. The legislation also dealt with personal issues surrounding such pollutingoccupations, so