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The Halachic Responsibility of Forest Fires
By: Shira Romm
Shira Romm holds a B.A. in Judaic studies from Stern College and taught high school Tanach. She is a rebbetzin and mother of three residing in New York City.
Last summer, I remember being startled by the front page of my morning paper. A satellite photo showed roughly one-fifth of the United States eclipsed by an ominous black cloud of smoke. To me, this demonstrated the global effect of the fires consuming California's San Bernadino valley. The photo had a frightening effect; but I had the comfort of being several time zones removed. A lost hiker started a small signal fire that burned out of control with the help of high winds and dense vegetation. I thought to myself, "if only the hiker had known!"
My mind cannot grasp the extent of the repercussions: The people who perished, those that were wounded, the property and mementos that were destroyed, and the ecosystems that will need to recover. I begin to wonder about questions of responsibility: Can a single man really be held accountable?
The Torah addresses this issue by stating that if a fire burns unintentionally out of control there is still culpability. To quote from Shemos 22:5, "If a fire shall go forth and find thorns, and a stack of grain or a standing crop or a field is consumed, the one who kindled the fire shall make restitution." [Artscroll Stone Tanach translation]
In the literal sense, this cannot refer to an intentionally set fire because then the text would read "if a person set a fire to go forth..." So the Torah must be referring to an unintentionally set fire. However, we learn that this may be also interpreted to include the larger transgression of an intentionally set fire. Either way, the one who started the blaze is liable. R' Avraham Ibn Ezra explains that the person is held accountable because the fire found thorns. It was the individual's responsibility to clear all brush from the surrounding area so the fire could not spread. Perhaps a small halachic and precautionary measure could have prevented the San Bernadino valley from going up in smoke.
As I looked at the newspaper, I shuddered at the damage that one man could cause. Is it even possible to pay restitution for the ruined lives and environmental damage? I also found strength in my own actions because I saw the power of one. Maybe I won't save the planet single-handedly, but I don't want to contribute to its destruction
Originally posted in "On Eagles' Wings" March 9th 2004
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