[Avodah] FW: Plants in Cities Coronavirus Curfew

[Chana luntz]

RMB writes:

<<The Kesef Mishnah says the source it BQ 82b, which explains why. So I went
there.

The problem with gardens, orchards and crop fields (Rambam: ganos, padeisim,
ve'einah nizr'as...) are the smell (sircha), which Rashi says is from either
weeds decaying after they were pulled or fertilizer.>>

...
<<Ula says because noy ha'ir, which Rashi back on the mishnah quotes and
says because it is pretty for a city to have free space in front of it.
Nothing about IN the city.

Seems to me that aside from Y-m there is nothing there against plants in the
city>>

Something that might suggest that planting trees might in fact be acceptable
is Rashi's second explanation on Ta'anis 14b.  The gemora there is
discussing what kinds of planting should not be done after we have had the
13 fasts for rain, and not been answered, and when, while fasting by the
community is to be discontinued, people should  be considered "k'bnei adam
hanezufin LaMakom".  And along with engagements and weddings is
constructions of joy and plantings of joy.  And the gemora asks: what are
plantings of joy? and answers, one who plants an "abvarnaki" of kings.  And
Rashi  d"h abvarnaki gives two explanations - the first is a tree planted
when the son of a king was born, so that it could be used for his throne
when the time came, and the second is that it is a big tree that was put so
that the king could stroll under it - and refers us to Eruvin 25b, where the
Reish Galusa had one.  And Rashi seems to go with the second opinion in his
next section; d"h "shel melachim": - saying that it was the way of kings to
plant it for shade, and that others who did so for shade it was considered a
planting of simcha.  

The point being that this is not a necessary planting, it is for pleasure,
and therefore prohibited during times that simcha is forbidden.  Now if you
then look at the discussion in Baba Basra 25b about what the Reish Galusa
had, it seems reasonably clear that it was close to his home, but also that
his orchard was right by his home (but that the enclosed orchard was more
than two beis seah, and had not been enclosed for dwelling).

And while the Reish Galusa may have lived in Bavel, and hence not been
subject to planting halachos that only apply to cities in eretz Yisrael, are
the kings generally being referred to in the Mishna in Ta'anis on Jewish
kings?  Because otherwise surely we are talking about kings planting in
Yerushalayim?  And while the Mishna prohibits the general population from
planting trees for shade or pleasure strolling during a time when no rain
has fallen, surely that implies that at times when one can have weddings and
other construction of simcha, one can have these plantings of simcha as
well, and this is talking about eretz Yisrael?  And just as the Reish Galusa
wanted his tree to sit under it on Shabbas, close by, surely the planting of
simcha falls into the same category?

And looking at the gemora in Baba Basra 82b, it says gardens and orchards,
not "abvarnaki" - so maybe trees lining the streets are OK, so long as they
are trees of simcha, ie used for shade only, and not for fruit (certainly it
because it is true that fruit, if not harvested tends to rot and can smell,
and also there are more issues about cutting down fruit trees, if there
planting becomes problematic).  So maybe the gemora there is davka,
orchards, and *not* trees planted for shade or strolling under.

>-Micha

Shavuah tov

CHana