Eco-Judaism: Does It Exist? 23

18.

19

20.

25.

26.

For further citations see“Die Grundlage einer juedischen Ethik,” Monats­schrift fuer Geschichte und Wissenschaft des Judentums(1912): Vol. 56, pp 487 ff. Yad, Hilkhot Melakhim 6.8 dealt with this statement in times of war and then restricted it by stating that any tree that posed a danger could be cut down. However, a person who cut down a fruit tree needlessly could be punished by whipping. Later in a responsum he dealt with a date palm that the plain­tiff claimed grew rapidly and leaned into the street, and when youngsters would try to bring down the fruit by throwing stones. He saw it as a nui­sance. Maimonides responded by stating that the owner was permitted to remove it, as it might lead to an accident. Protecting the tree, although a valuable fruit tree, was not cited as an option. Jehoshua Blau ed., Teshuvot Rambam(Jerusalem : Mektize Nirdamim, 1957), vol. 1, pp. 195 f,#112.

Deut 20.19 dealt with fruit bearing trees in wartime only. It made no differ­ence whether they were owned by a Jew or a non-Jew or, for that matter if they were in the public domain(Yad; Tur; Shulhan Arukh, and their commen­taries). The cutting down of trees was only prohibited if it was an act of destruction, not if the wood was to be used as lumber or firewood(B.K. 91b; Yad, Hil. Melakhim 6.8; Shulhan Arukh; Hatam Sofer , Responsa Yoreh Deah 102). The cutting down may also occur if the land was to be used for planting veg­etables(Shevet Halevi 1:112; 2:46).

Teshuvot Judah heHasid 45.

. Gen. Rabbah 10:7; Lev Rabbah 22:4; Ned. 41a.

Maimonides and other medieval Jewish thinkers went beyond the biblical and talmudic statements on the status of animals and their relationship to human beings(Moreh Nevukhim 3:48).

The souls of animals were first mentioned in 2 Enoch 23:14 and 58:5. Later kabbalistic speculations have not taken this notion far.

Moreh Nevukhim(p. 273 in English translation.); Ibn Ezra in his commentary on Gen. 1:1.

Walter Jacob , Contemporary American Reform Responsa,(New York : Central Conference of American Rabbis Press, 1987) pp. 37ff.