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Shoftim: “Do not destroy”— When is it Allowed?

August 21, 2025

Why is it forbidden to cut down a fruit tree, but permitted to burn clothing?

Likkutei Sichos, vol. 18 pg. 465
And Likkutei Sichos, vol. 29 Devarim-Chazon

A. The Prohibition of Waste
The Torah commands that when going out to war, one must refrain from destroying trees around the city, for the tree is not the enemy (Source 1). The Sages derived from this that it is not a command limited to trees in wartime, but rather that it is forbidden to destroy any object—Bal Tashchit (Source 2).
In the Holy Temple, Levites served as guards during the night. If a guard was found sleeping at his post, the officer in charge would burn his clothing (Source 3). This raises a question: how was such destruction permitted, given the prohibition of Bal Tashchit?
The Rosh explains that this was not considered a violation of Bal Tashchit because the court had the authority to confiscate property (Source 4). This power of the court is derived from Ezra’s warning against anyone who would not attend the national assembly, that their property would be forfeited (Sources 5–6). Yet the commentators ask: even an ownerless object may not be destroyed (Source 7).
Later authorities answer: since the burning of the garment was intended to motivate the guards to fulfill their duty, it is comparable to a person who breaks vessels in his own home to discipline his household, which the Talmud permits (Source 8).
The Rebbe rejects this explanation, since the Alter Rebbe explicitly rules that the prohibition of Bal Tashchit applies even when one breaks vessels for the sake of disciplining the household (Source 9).

B. Why is Fasting Permitted?
When the Alter Rebbe explains the law of Bal Tashchit, he begins by stating that it applies just as one must take care of a person’s body (Source 10). The Alter Rebbe links the prohibition of damaging one’s body with the prohibition of Bal Tashchit regarding property.
In the laws of bodily harm, the Alter Rebbe rules that it is permitted to fast as an act of repentance, since the suffering serves the benefit of the soul, and is therefore considered good for the person. From this we learn that just as it is permitted to cause suffering to the body when it brings about spiritual improvement, so too with property: if destruction is done for the benefit and refinement of the soul, there is no prohibition of Bal Tashchit, since it serves the person’s spiritual good.
In our case, the burning of the guard’s clothing was intended for his own benefit, to prompt repentance, regret for the past, and resolve not to repeat it in the future. Since this was for the benefit of his soul, there was no violation of Bal Tashchit.

C. How Could G-d Destroy the Temple?
The Rebbe asks: since G-d Himself observes the commandments that He gave the Jewish people, how could He allow the nations of the world to destroy the Temple by His command? This seems to contradict the prohibition of Bal Tashchit, as well as the unique prohibition against destroying the Temple. If it was because the people were unworthy of the Temple, it could have been hidden away, as was done with the Tabernacle and its vessels made by Moses, and with the gates built by David (Sources 11–12).
The question is answered based on the Midrash, which teaches that the purpose of the destruction was in order that the Temple would be rebuilt (Source 13). The destruction was therefore not for the sake of ruin, but as preparation for a greater and eternal rebuilding. The act of destruction was thus part of the future process of construction.

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