In general, the prohibition of bal tashḥit applies to things that are useful. A non-fruit-bearing tree, however, was not considered important enough for the prohibition of bal tashḥit to apply to it (MT, Laws of Kings and Wars 6:9). Today, however, the situation is different. As the world’s population has grown and more people live in crowded apartment buildings, ornamental gardens have become highly valued. They allow people to enjoy the beauty of nature and its contribution to health, and people are willing to spend money cultivating them. As a result, all trees, shrubs, and flowers that people normally grow and tend have monetary value, and one who destroys them violates a Torah prohibition. In addition, non-fruit-bearing trees help purify the air.
As an act of piety, one should avoid needlessly harming any living creature or plant, even when it presently has no monetary value. It is not fitting to harm any created thing, for nothing in the world was created in vain. Every creature has its own unique value, and through it one can gain a deeper understanding of the purpose of the Creator of the world. The Sages likewise said (Bereishit Rabba 10:6): “There is not a single blade of grass that does not have a heavenly force above that strikes it and says, ‘Grow.’” Similarly, the Zohar teaches that every plant, even the smallest, has a higher force above, and everything done with it in this world comes through that force (Zohar III 86a). Although we have not yet merited to understand all the wisdom hidden within trees and plants, nor can we grasp the secret of their song, which constantly praises God, we can still be moved by the beauty of creation and by the wisdom and greatness of the Creator. In a similar vein, the Sages teach that the earth’s covering of vegetation is like a beautifully set table, prepared so that a person can fulfill his God-given purpose with splendor and dignity (see Vayikra Rabba 11:1). Piskei Tosafot, Pesaḥim 132, states that one who cuts down a non-fruit-bearing tree will see no blessing. The Sages also said (Ketubot 112b): “In the future, all non-fruit-bearing trees in Eretz Yisrael will bear fruit.” Thus, even non-fruit-bearing trees contain something of the power of fruit trees.
All this points to the value of preserving plant and animal species and preventing them from disappearing from the world. It also makes clear that one must observe the laws enacted to protect wildlife and protected wild plants. These laws rest on two foundations. First, preserving creation in all its variety has intrinsic value. Second, laws enacted by the public’s representatives are binding on everyone, both by virtue of the community’s authority to establish regulations and by the principle of dina de-malkhuta dina.
Nevertheless, when human needs conflict with the preservation of a particular animal or plant species, human needs take precedence, provided the matter is handled thoughtfully and not with contempt for the environment or disregard for its needs. This concern for the environment also includes a mitzva to preserve its cleanliness and the beauty of nature, and to refrain from throwing garbage in places not designated for it. In Eretz Yisrael, this care is connected to the mitzva of settling the Land (see Ketubot 112a).
