Talmud - Avodah Zarah 48a עבודה זרה מ״ח א׳

MISHNA: There are three types of trees that were used as part of idolatrous rites [ashera]: 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. 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. If one erected an object of idol worship beneath a tree and subsequently removed it, it is permitted to derive benefit from the tree.

GEMARA: The mishna teaches that if one lopped off or trimmed a tree’s branches for the sake of idol worship and it regrew, the tree is permitted upon the removal of the new growth. The Sages of the school of Rabbi Yannai say: And this is the halakha only when one sank the shoot of a vine into the ground or grafted onto the trunk of the tree itself.

The Gemara asks: But didn’t we learn that if he lopped off part of the trunk or trimmed the tree’s branches, the growth is forbidden? In order to render a tree forbidden, according to the Sages of the school of Rabbi Yannai, the act dedicated to idol worship must be sinking or grafting, which are tantamount to replanting the entire tree. The mishna indicates that even cutting off part of a tree renders the new growth forbidden.

The Gemara answers: Rather, when the statement of the Sages of the school of Rabbi Yannai was stated, it was stated with regard to the revocation of the idolatrous status. What they meant to say was that even if one sank the shoot of a vine into the ground or grafted onto the tree itself, effecting a more significant change, nevertheless, when one removes that which has regrown, the tree is permitted. As, lest you say that since one sank the shoot of a vine into the ground or grafted onto the tree itself, it is similar to a tree that one initially planted for idol worship and the entire tree should be forbidden, the Sages of the school of Rabbi Yannai counter this and teach us that even in this case the tree is permitted when that which has regrown is removed.

Shmuel says: In the case of one who bows to a tree, its additional subsequent growth is forbidden. Rabbi Elazar raises an objection from the mishna: If one lopped or trimmed the tree for the sake of idol worship and the tree’s trunk or limbs regrew, one removes that which has regrown and burns it. This indicates that if one lopped or trimmed it the additional growth is forbidden, but if one did not lop or trim it, even if one bowed to the tree, the growth is not forbidden.

The Gemara answers that Shmuel could say to you: In accordance with whose opinion is this mishna? It is in accordance with the opinion of the Rabbis, who maintain that a tree that was planted and only subsequently worshipped is permitted, as it was not initially planted for idol worship. And Shmuel says his statement in accordance with the opinion of Rabbi Yosei bar Yehuda, who says that a tree that one planted and subsequently worshipped is forbidden. Accordingly, bowing to a tree renders its subsequent growth forbidden.

Rav Ashi objects to this answer: From where is it derived that Rabbi Yosei bar Yehuda and the Rabbis disagree with regard to additional growth? Perhaps all agree that additional growth after the tree was worshipped is forbidden, and they disagree only with regard to its trunk.

The Gemara explains what the nature of this dispute would be: As Rabbi Yosei bar Yehuda maintains that its trunk is also forbidden, as it is written: “And you shall break down their altars, and dash in pieces their pillars, and burn their asherim with fire” (Deuteronomy 12:3). Burning with fire destroys the whole tree, which indicates that the entire tree is forbidden, including its trunk. And the Rabbis maintain that the trunk of the tree is permitted, as it is written: “You shall break down their altars, and dash in pieces their pillars, and hew down their asherim, and burn their graven images with fire” (Deuteronomy 7:5). Which is the tree whose hewn part is forbidden, but its trunk is permitted? You must say it is a tree that one planted and subsequently worshipped.

And if you would say that we did not explain their opinions in this manner previously (45b), as the source given there for the opinion of Rabbi Yosei bar Yehuda is the same verse given here as the source for the opinion of the Rabbis, simply reverse the explanation given there to match the one given here. The verse cited there as the source for the opinion of the Rabbis, namely, “and burn their asherim with fire,” should instead be considered the source for the opinion of Rabbi Yosei bar Yehuda, who deems even the trunk of a subsequently worshipped tree forbidden. And the verse cited there as the source for the opinion of Rabbi Yosei bar Yehuda, namely, “and hew down their asherim,” should instead be considered the source for the opinion of the Rabbis that only subsequent growth is forbidden.

The Gemara rejects Rav Ashi’s suggestion: It cannot be that all agree that additional growth is forbidden when a tree is planted and subsequently worshipped, because if so, who teaches the mishna that says that the tree is forbidden when one lopped it or trimmed it? It is neither the Rabbis nor Rabbi Yosei bar Yehuda. If one were to say that the Rabbis teach it, this cannot be, as they maintain that even in a case where one did not lop it or trim it, but simply bowed to it, the additional growth is forbidden. If one were to say that Rabbi Yosei bar Yehuda teaches the mishna, this cannot be, as he maintains that even the trunk of the tree is forbidden after it has been worshipped, and not just the subsequent growth.

The Gemara responds, defending Rav Ashi’s suggestion: If you wish, say that the Rabbis teach the mishna, and if you wish, say that Rabbi Yosei bar Yehuda teaches it. The Gemara explains each possibility: If you wish, say that Rabbi Yosei bar Yehuda teaches it, as when Rabbi Yosei bar Yehuda says that even in a case where one did not lop it or trim it, the trunk of the tree is nevertheless forbidden, it is only in a case where one worshipped the tree without specification, i.e., not any specific part of the tree. But if one lopped it or trimmed it for the sake of idol worship, he has revealed his intention, namely, that he believes that the additional growth is suitable for his idol worship, but that the trunk of the tree is not suitable for his idol worship. Therefore, in such a case only the additional growth is forbidden.

The Gemara explains the other possibility. If you wish, say that the Rabbis teach it. Although they maintain that even without lopping or trimming the tree the additional growth is forbidden if it is worshipped, nevertheless it was necessary for the mishna to mention the case where one lopped it or trimmed it specifically. Otherwise, it might enter your mind to say that since one performed an action on the tree itself, the trunk of the tree should also be forbidden. Therefore, the mishna teaches us that only the additional growth is forbidden and not the trunk.

MISHNA: Which tree is deemed forbidden as an ashera? Any tree that has an object of idol worship beneath it. Rabbi Shimon says: Any tree that people worship. And there was an incident in Tzaidan involving a tree that people would worship, and Jews found beneath it a heap of stones. Rabbi Shimon said to them: Examine this heap of stones. And they examined it and found in it an idolatrous image. Rabbi Shimon said to them: Since it is the image that they worship, we can permit use of the tree to those who wish to derive benefit from it.

GEMARA: The mishna teaches: Which tree is an ashera? The Gemara asks: But didn’t we learn in the previous mishna that there are three types of ashera trees? The Gemara answers: This is what the mishna is saying: Of the three trees mentioned in the previous mishna, there are two where the trees themselves are worshipped, and everyone agrees that they are forbidden. And there is one that is subject to a dispute between Rabbi Shimon and the Rabbis. Which is the ashera with regard to which Rabbi Shimon and the Rabbis disagree? It is any tree that has an object of idol worship beneath it, as Rabbi Shimon says that any tree that people worship is forbidden, but that a tree under which an idol was placed is not forbidden.

The Gemara presents a question: Which tree is assumed to be an ashera, even without specific knowledge that it was worshipped? Rav says: Any tree that gentile priests sit beneath and do not taste of its fruits, as they apparently consider the fruits consecrated to the idol. And Shmuel says: Even if they so much as say: These dates are for the house of Natzrefei, a house of idol worship, the tree is forbidden. This is because the idol worshippers would throw the dates into beer and drink it on their festival day. Ameimar says: The elders of Pumbedita said to me that the halakha is in accordance with the opinion of Shmuel.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

AvodaZara 48a examines the laws of an ashera tree, addressing when regrowth after idolatrous pruning or grafting renders it permitted or forbidden.