A list of criteria for every plant to be planted in Jerusalem and in the other major cities of the State of Israel? | Miscellaneous | Ask the Rabbi - SHEILOT.COM

A list of criteria for every plant to be planted in Jerusalem and in the other major cities of the State of Israel?

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Question

It is written: “They do not make gardens and orchards in it because of the stench.” (From the Babylonian Talmud, Bava Kamma 82b.) In our generation we know how to fertilize without any bad smell. But, inspired by the halachic ruling that existed then, the following question arises: Would it not be appropriate to publish such a list of criteria for every plant that one wishes to plant in Jerusalem and in the other major cities of the State of Israel: 1] It should help improve air quality, i.e., absorb CO₂ and emit oxygen, filter soot and dust. 2] Not poisonous to humans. 3] Hypoallergenic, i.e., should not cause allergies in humans. 4] Does not attract insects, because of the obligation to maintain kashrut according to Orthodox Jewish law. 5] Causes as little dirt as possible. Therefore, a perennial plant that does not die quickly, is evergreen without leaf‑shedding and without fruit dropping. 6] The tree’s roots should not damage infrastructure and/or sidewalks and roads. 7] Resistant to local weather conditions. 8] Water‑efficient, so that it is inexpensive to grow. 9] Suitable for the local soil type, so that there is no need to import soil in order to grow it. Two clarifications: 1] Some wanted to add to this list: provides shade. But a plant that creates a lot of shade may prevent the possibility of building a sukkah for the festival of Sukkot, unlike a pergola of the type that can be dismantled before Sukkot and reassembled after Sukkot. And with the number of multi‑story buildings that do not have a sukkah‑balcony for every apartment or even for every floor, it is reasonable that many will want to make use of courtyards and parks as a place for a sukkah. 2] Certainly one must not encourage the planting of trees such as the fig tree. Because of the concern that a secular person will eat from it, even though every fig contains insects. In addition, it attracts insects, and the fruit may fall and cause dirt. Indeed, this significantly reduces the range of options. But given that once there was the decree “They do not make gardens and orchards in it because of the stench,” these nine points are a proposal that is much more lenient than that decree. Without undertaking a vow. Thank you.

Answer

Shalom and blessings,

The detailed list of rules you are proposing appears reasonable on the one hand, and very restrictive on the other.

Of course, as someone who is not a professional in this field, I am not in a position to determine what damage might result from such a drastic reduction of plant species in certain areas.

However, since you sent your question to a halachic website, it is apparently your wish to clarify the halachic approach to this matter.

So: the Gemara you mentioned is not dealing with proper urban‑planning regulations, but rather with the special honor of Jerusalem as the holiest city. It is only in that context that they decreed an absolute prohibition on planting gardens and orchards in the city. In other cities there are restrictions on sowing and planting because of the rights of the residents; see Bava Batra, chapter 2, where several limitations are listed on the very issues you raised: distancing trees from residential areas, distancing them from water cisterns, distancing them from public thoroughfares, and more.

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