The Mishna on today’s daf TB Avodah Zarah 48 list three different categories of the idolatrous ashera tree. “MISHNA: There are three types of trees that were used as part of idolatrous rites [ashera]: (1) A tree that one initially planted for the sake of idol worship is forbidden, and one may not derive benefit from any part of the tree. (2) If one lopped off part of the trunk of a tree or trimmed its branches for the sake of idol worship, i.e., to worship that which would regrow there, and the tree’s trunk or limbs regrew, one removes that which has regrown and burns it. The remainder of the tree is then permitted. (3) If one erected an object of idol worship beneath a tree and subsequently removed it, it is permitted to derive benefit from the tree.” (Sefaria.org translation)
Concerning
the second category, Shmuel wants to know whose opinion doesn’t reflect, Rabbi
Yosei bar Yehuda or the Sages. The disagreement Rabbi Yosei bar Yehuda and the Sages
between goes back all the way to daf TB
Avodah Zarah 45b.
Based on a drasha, Rabbi Yosei bar Yehuda learns
that no matter when in the lifetime of the tree when it is worshiped it becomes
forbidden.
“And
Rabbi Yosei, son of Rabbi Yehuda, also holds that a tree that one
planted and subsequently worshipped is forbidden. As it is taught in
a baraita with regard to the verse: “You shall destroy all the places
where the nations that you are to dispossess served their gods, upon the high
mountains, and upon the hills, and under every leafy tree” (Deuteronomy 12:2): Rabbi
Yosei, son of Rabbi Yehuda, says: From that which is stated in the
verse: “You shall destroy…their gods, upon the high mountains,”
from which the Sages derived: But not the mountains themselves that are their
gods, and: “You shall destroy…their gods…upon the hills,” but not
the hills themselves if they are their gods, I would derive
from the next clause in the verse: “Their gods…under every leafy tree,”
that the mitzva to destroy an object of idol worship does not apply to
the leafy trees themselves that are their gods. Therefore, the
next verse states: “And you shall break down their altars, and dash in
pieces their pillars, and burn their asherim with fire”
(Deuteronomy 12:3). Even a tree that was worshipped only after it was planted
is forbidden.” (Sefaria.org translation)
On the other
hand, the Sages learn from a different drasha
that once the tree is planted and then worshiped, the tree remains
permitted. “And as for the Rabbis, who
maintain that a tree that was planted and subsequently worshipped is permitted,
what do they do with this verse: “And burn their asherim with
fire”? The Gemara answers: This verse is necessary with regard to
the halakha of a tree that was initially planted for that
idolatrous practice, which must be destroyed and from which deriving benefit is
prohibited.”
(Sefaria.org translation)
At first
glance our Mishna doesn’t reflect neither Rabbi Yosei bar Yehuda who holds that
the tree becomes forbidden when it is worshiped and no matter what part of the
tree is designated for worship nor the Sages who hold the tree remains
permitted since it wasn’t planted for the sake of idolatry.
With good
Talmudic logic, the Gemara shows how our Mishna can reflect either position.
For Rabbi Yosei bar Yehuda, the very act of pruning is a declaration that he is
only worshiping the new growth and not the original tree. For the Sages, you
might have thought that the act of pruning is a sign that you want the whole tree
to be an idolatrous ashera.
Therefore, the Mishna teaches us that only the additional
growth is forbidden and not the trunk.
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