environmental halacha lecture jct
TRANSCRIPT
-
8/2/2019 Environmental Halacha Lecture Jct
1/7
1
DEVELOPMENT OF ENVIRONMENTAL HALAKHA
by
Dr Manfred GerstenfeldSeminar on Contemporary Environmental Problems Through a Jewish Lens,
Makhon Lev, The Center for Judaism and the Environment,
January 8, 2001
Today the Jewish communitys interest in the environment is still fairly
modest. Let us assume, however, that we had known at the beginning of the
19th
century what environmentalism was, and that we had studied which
Western culture had the greatest awareness of the environment. Most
probably we would have concluded that Judaism deals in detail with far
more environmental issues than anyone else.
The reason for this rather surprising finding is due to the normativecharacter of Judaism. Over the millennia, halakha has dealt with many
situations we would now call environmental. This is further strengthened
by the Biblical narratives and the Midrash.
Creating an environmental codex
We could do another exercise, and group all halakhic references in
existence in the year 1800 into a single codex. We would then have a book
of law with detailed references to all the key environmental categories:
protection of nature, protection of animals, preservation of naturalresources, prevention of nuisance and pollution, and allocation of space.
This can be easily illustrated:Bal tashhit, the prohibition against wanton
destruction, is an important law for defining the Jews relationship to nature.
Tsaar baalei haim, the prohibition against causing animals pain, is a very
broad law concerning the protection of animals. Many detailed regulations
for avoiding nuisance and pollution are given in the Talmud. We might call
the Rambams hilkhot skhenim, the laws of the neighbors, the first Jewish
environmental codex.
With regard to the preservation of natural resources, the laws ofshmitah
andyovel, the sabbatical and jubilee years, provide important measures for
preventing erosion and exhaustion of the land. The laws of the Levite cities,
which have become binding for all other Jewish cities, provide instructions
for preserving green areas around the built-up areas. They deal with another
key element of modern environmental concern: the allocation of space.
-
8/2/2019 Environmental Halacha Lecture Jct
2/7
2
Why is the Jewish voice not heard clearly?
So if Judaism was in the forefront of environmental concern two hundred
years ago, what has gone wrong since then? Why does one find so many
Jews today in general environmental activist groups abroad, and yet the
specific voice of Judaism is heard so little? When a Jewish voice is heard, it
is seldom an orthodox one.
There are several explanations for this. Firstly, there are relatively few
committed Jews today, and there are many items on the Jewish agenda. On
the other hand, one might posit that environmentalism like feminism is
among the main ideological issues on the worlds agenda and that it merits
serious Jewish attention. However, whereas Jewish gender studies have an
important place in the academic world, Jewish environmental studies are
almost non-existent.
If we wish to remedy this situation, particularly from the orthodox Jewish
viewpoint, there are two main roads which we must travel simultaneously.
The first is a much profounder study of what classical Jewish sources say
about the environment. I am particularly happy that Makhon Lev has
accepted my suggestion to establish Center for Judaism and the
Environment, especially as it was Prof. Bodenheimer who, abouat five
years ago, invited me to give my first lecture on Judaism and the
environment.
The second road is to put environmental halakhic questions to poskim,decision-makers. A simultaneous approach in both directions is the only
way to help us progress toward greater Jewish awareness of environmental
issues and a more authoritative Jewish position on them.
I am not an halakhic expert. All I would like to do here is to provide a
general overview of the halakhic attitudes towards the main environmental
issues. As said, these halakhot are well developed in the classical Jewish
sources. There is thus much more to be said on this subject than I can
manage in the short time available.
Protection of nature
Let us start again with the main elements of environmental concern: firstly
the protection of nature. The key halakhic prohibition here is bal tashhit,
on which many regulations are based. The few Jewish authors who write
-
8/2/2019 Environmental Halacha Lecture Jct
3/7
3
about Judaism and the environment usually mention this as the foremost
expression of Jewish law on environmental issues.
The Torah forbids the wanton destruction of fruit trees in times of war. The
Sifrei, written around 300 CE, extends the prohibition to include
interference with water sources. One opinion in the Talmud extends this
further still, to include an uneconomical use of fuel.
Rambam mentions additional extensions of the bal tashhitprinciple,
pointing out that it is relevant at all times, and not only in times of war. He
also applies it to what is placed in the grave, stating that it is preferable to
give clothes to the poor than to throw them to the worms. Whoever puts
too many clothes on the dead, therefore, transgresses the law of bal
tashhit.
The prohibition against hunting
Hunting for sport is another issue linked to destruction: this, too, is
forbidden. One of the most quoted responsa on this subject is that of the
18th
century halakhic authority R. Yechezkel Landau, better known as the
Noda biYehuda. In his responsum to the query as to whether a Jew may
hunt game with a rifle, he says: The only hunters mentioned in the Torah
are Nimrod and Esau. Hunting is not a sport for the children of Abraham,
Yitzchak and Yaakov... How can a Jew go to kill a living creature only with
the purpose of hunting for pleasure?1
The Italian Jews of the Renaissance period did hunt, however.
Bonaventura da Volterra, having had a fortunate days hunting in January
1471, sent his friend Lorenzo the Magnificent a buck and two fawns, and
another present of the sort the following winter.2
In the 17th
century, R.
Simon Morpurgo, a prominent Italian rabbinical authority, disapproved of
this practice.3
The law ofkilayim, prohibiting change to the continuity of species, is
another important example of halakhic protection of nature. Today, whenthere is so much discussion about genetic manipulation, a law for
preserving the species as God created them is particularly relevant.
1TeshuvotNoda biYehuda, Yoreh Deah, No. 10. [Hebrew]
2Cecil Roth, The Jews in the Renaissance. New York: Harper Torchbooks, 1959, p. 31.
3Responsa Morpurgo ii.18 as mentioned in: ibid.
-
8/2/2019 Environmental Halacha Lecture Jct
4/7
4
Animal protection
The protection of animals is another crucial element of modern
environmental concern. The prohibition against causing suffering to living
creatures, tsaar baalei haim, is one environmental halakha in this
category. One of its aspects, ever min hahai, the prohibition against eating
a limb of a living animal, is not limited to Jews but applies to all mankind asone of the seven Noahide laws. We can conclude from this that Judaism
has also a universal concern about the environment, and not only a
particularistic one.
Shiluah haken, the commandment to send a mother bird away before
taking eggs from her nest, and oto veet bno, the prohibition against
slaughtering an animal from a herd or flock on the same day as its young,
are also significant environmental principles of Jewish law. Another halakha
rules that one, before eating, must feed ones animals.
Another example of environmental concern in halakha is the prohibition
against making an ox and an ass plow together. Other aspects of animal
protection concern animal welfare: the Torah says that the ox and the ass
must also rest on the seventh day.4
Contemporary halakha
To some extent, environmental halakha has also developed further in our
own times. For example, the Tsits Eliezer, R. Eliezer Waldenberg, states ina teshuva, a responsum, that, no matter what the reason for a persons
fasting, his animals must be fed first in order to prevent their suffering.
Some halakhic attention has also been given to the contemporary question
of animal experimentation. The Seride Esh, R. Yechiel Yaakov Weinberg,
a prominent 20th
century rabbinical authority, permits this, stating that the
elimination of human pain and suffering are more important than the
prevention of pain in animals.
Rav Eliezer Waldenberg also considers medical experimentation
permissible, stressing at the same time, however, that efforts must be made
to minimize the animals pain.5
In his view, medical or economic purposes
override the prohibitions of both bal tashhitand tsaar baalei haim.
4
Exodus 23:12.5
Responsa Ziz Eliezer 14:68. [Hebrew]
-
8/2/2019 Environmental Halacha Lecture Jct
5/7
5
Other rabbinical authorities have discussed this subject and have reached
varying conclusions.6
A few years ago, the wearing of fur coats led a concerned Israeli to put a
halakhic question to the late R. Chayim David Halevi, at that time the
Sephardi chief rabbi of Tel Aviv.7
The person posing the question wrote
that he had attended a concert in Tel Aviv, where several women in theaudience were wearing fur coats. Demonstrators outside the hall had staged
a protest against the wearing of fur. The questioner was surprised by the
respective stances taken in the argument: the mainly religious concert-goers
had defended the practice, while the non-religious demonstrators had
stressed tsaar baalei haim.
For similar reasons, former Chief Rabbi Ovadia Yosef has stated that Jews
should not attend bullfights. Some halakhic experts have also discussed
vegetarianism, but there is considerable debate within Judaism as to whetherthis is desirable or not.
Protection of natural resources
With regard to the preservation of natural resources, shmitah andyovel
help to prevent the erosion of soil. A taqanah (a later rabbinical enactment
in the public interest) in the Talmud deals with the question of not raising
sheep and goats in the Holy Land. The reasoning behind this is one of
basic sustenance: these animals eat the produce in the fields. It was
permissible, however, to raise them in the deserts of Israel and in Syria.Bal
tashhitis also of relevance in this issue.
There is rabbinical disagreement whether this taqanah is valid for the
modern State of Israel.8
On the one hand, we find R. Kook and R. Ovadya
Yosef who say that, even today, it is forbidden to raise goats and sheep in
Israel; on the other, we find R. Frank and Shaul Yisraeli, who say that it is
permitted.9
Prevention of nuisance and pollution
A variety of environmental conditions are currently perceived as causing
nuisance. Many of these may have a negative impact on health, such as
6
J. David Bleich, Animal Experimentation. In: Contemporary Halakhic Problems. Vol. 3. New York: Ktav, 1989, pp.
231-2.7
ResponsaMayim Hayim, Tome Two, Tel Aviv 1995, 50. [Hebrew]8See Nachum Rakover,Eihut haSvivah. Jerusalem: haMishpat haIvri, 1993, p. 42ff. [Hebrew]
9Nahum Rakover,Eikhut HaSviva. Jerusalem:Sifriat HaMishpat HaIvri, 1993, Appendix A, pp. 111ff. [Hebrew]
-
8/2/2019 Environmental Halacha Lecture Jct
6/7
6
excessive noise, smells, excessive heat, lighting at night, creating conditions
for contagious diseases, etc. The Mishna states that neighbors can prevent
the opening of a store in a common courtyard by claiming that they cannot
sleep due to the noise of customers entering and exiting; however, they
may not object to the noise of a hammer or a grinding mill in a craftsmans
home; nor may they object to the noise children make if one of the
courtyards residents is a religious school teacher.10
In the 16th
century, R. Shlomo Cohen, the Maharschach, referred to the
damage caused to the inhabitants of the town by the textile dyeing industry.
He decided that the economic interests of a city, dependent on the textile
industry for its livelihood, take precedence over the damage caused to
neighbors in the vicinity. However, he comments that the owner of the
business would do well to reduce the hindrance as much as possible.11
Rabbi Shimshon Morpurgo of Ancona issued a similar statement in thecentury, writing that Jews are not allowed to establish damaging industries,
and those which already exist in the city must be removed. He added,
however, that because Jews were confined to special quarters, the
community could not survive economically if such a removal were carried
out.12
Allocation of space
A fifth environmental category is the allocation of space. We read a lot in
contemporary literature about the concept of sustainable cities; urban
sprawl and deterioration are major problems.
The Levite cities had pasture land which extended 1,000 cubits outside the
city, on all sides. This may be considered a precursor of modern town-
planning attitudes, which try to apply strict ratios between built-up and
open spaces.
Where do we go from here?
Against the background of this existing halakhic infrastructure, which I have
set out only very briefly, Halakha could be developed further to deal with
10
MishnaBava Batra 2:3. [Hebrew]11
Responsa Maharschach 2:98. [Hebrew]12
See Manfred Gerstenfeld, Judaism, Environmentalism and the Environment. Jerusalem: The Jerusalem Institute for
Israel Studies/Rubin Mass, 1998, p. 122.
-
8/2/2019 Environmental Halacha Lecture Jct
7/7
7
several other contemporary environmental issues. The simplest way to set
this process in motion may be by posing questions to halakhic authorities.
As I have indicated, some individuals in the past decades have already put
environmental questions to rabbinical authorities. Besides the issues already
mentioned, others concern active and passive smoking, the destruction of
surplus food in order to stabilize prices, the throwing of peeled nuts orloose sweets at a wedding or bar-mitzvah, the use of vegetables as
decorations in kindergartens, and the disposal of food leftovers from
wedding halls.
What other questions could be asked? We are at the very beginning of a
lengthy process, so I can only give you a few, fairly simple examples.
Should it not be obligatory for the new religious municipalities to have a
green migrash around them? Is a religious municipality allowed to plant
trees which cause some citizens allergies? How does the halakha deal withsaving water? Is the raising of chickens in close coops tsaar baalei haim?
In order to imagine how the process of environmental halakha can be
developed, we should look at another field of contemporary halakha.
Modern medical halakha has rapidly taken shape over the past decades
because concerned Jews want a halakhic authority to give a ruling on what
is or is not permitted in the medical field; parallel with this, some hospitals
and individual practitioners are interested in these rulings. These questions
have led to halakhic authorities becoming interested and knowledgeable inthe field.
There is no doubt that the development of environmental halakha will be a
process of trial and error. Each of you can accelerate this process,
however, by putting forward questions.
Thank you for your attention.