The gentiles who worship the mountains and the hills — they [the mountains themselves] are permitted [for sowing and for hewing stones from them, what is rooted, not being forbidden]; and what is upon them is forbidden. As it is written (Deuteronomy 8:25): "You shall not covet the silver and gold upon them and take it." R. Yossi Haglili says (Ibid. 12:2): "Destroy shall you destroy… their gods upon the mountains"; but the mountains (themselves) are not their gods. "their gods upon the hills"; but the hills (themselves) are not their gods. Why, then, is an asheirah (a tree devoted to idolatry) forbidden? [That is, just as we expound "their gods upon the mountains"; but the mountains themselves are not their gods, we can expound (Ibid.): "their gods are under every leafy tree"; but the leafy tree (itself) is not their god!] Why, then, does the Torah forbid (derivation of benefit from) it, it being written (Ibid. 7:5): "And their asheirah trees shall you cut down"?] Because a man's hands have a "hold" in it. [i.e., because a man's hands planted it, (R. Yossi holding that a tree planted by a man and then worshiped by him is forbidden.) And the first tanna holds that since in the beginning he did not intend to worship it, his subsequent worship of it, since it is attached to the ground, does not forbid it, it being comparable to worshiping a mountain. The halachah is not in accordance with R. Yossi.] R. Akiva said: I will explain and analyze for you: Wherever you find a high mountain and a high hill and a leafy tree, know that there is idolatry there. [i.e., since we cannot expound the exclusion clause of "under every leafy tree," we can say that it was stated only to give them signs of where the Emorites were likely to serve idolatry, so that Israel should seek it out and destroy it. And "upon the mountains" and "upon the hills" (Ibid. 12:2) are understood as exclusion clauses, that we are not commanded to destroy the mountains themselves (but what is upon them). But we are commanded to destroy the leafy trees, viz. (Ibid. 3): "And their asheiroth shall you burn in fire."]
Bartenura on Mishnah Avodah Zarah
הן מותרין – the mountains themselves are permissible for sewing [seed] and to hew stones from them that are attached and are not forbidden.
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English Explanation of Mishnah Avodah Zarah
Introduction
This mishnah discusses hills, mountains and trees which were used in idolatrous worship. The question is asked, are these to be forbidden as were other material items used in idol worship.
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Bartenura on Mishnah Avodah Zarah
ומפני מה אשרה אסורה – meaning to say just as we expound (Deuteronomy 12:2): “[You must destroy all the sites at which the nations you are to dispossess worshipped] their gods, whether on lofty mountains [and on hills or under any luxuriant tree],” and not ‘on their lofty mountains, their gods’, so also “under any luxuriant tree” (ibid.,) their gods, and not ‘the luxuriant trees of their gods.’ And why did the Torah prohibit this? As it is written (Deuteronomy 7:5): “cut down their sacred posts.”
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English Explanation of Mishnah Avodah Zarah
If idolaters worship mountains and hills these are permitted; but what is upon them is prohibited, as it is says, “you shall not covet the silver or the gold that is on them and take them” (Deut. 7:25). Although an idolater may worship a hill or mountain, that mountain is not prohibited to subsequent Jewish use as is a statue worshipped by a non-Jew. Any thing that is either ground or attached to the ground is not considered an idolatrous “object” that would be forbidden to Jews. However, that which is upon these “worshipped” mountains and hills is forbidden. This principle is learned from Deut. 7:25 which uses the word “that is on them”. Although according to the simple sense of the verse, this refers to the gold and silver that are on idols, the midrash in our mishnah understands this to be referring to the idolatrous objects that are on a mountain or hill. They are forbidden but the land itself is not.
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Bartenura on Mishnah Avodah Zarah
מפני שיש בה תפיסת ידי אדם – that a person planted it and Rabbi Yosi holds that a tree that a person planted and at the end worshipped is forbidden. But the First Tanna/teacher [of our Mishnah] holds that since at the beginning when it was planted, he did not intend to worship it, the worship that he performs after it is attached does not prohibit it for it is like someone who worships a mountain. But the Halakha is not according to Rabbi Yosi.
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English Explanation of Mishnah Avodah Zarah
Rabbi Yose the Galilean says: [it says] “their gods on the mountains” (Deut. 12:, not their mountains which are their gods; “their gods on the hills” (ibid.), not their hills which are their gods. Rabbi Yose Hagalili offers an alternative midrash to the one in the previous section. This verse instructs the Israelites to destroy all of the sites where the other nations worship. It says that these sites are on the mountains and hills. From here Rabbi Yose concludes that that which is on the mountains and hills is forbidden, but not the land itself.
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Bartenura on Mishnah Avodah Zarah
אני אובין – I will explain.
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English Explanation of Mishnah Avodah Zarah
And why is an asherah prohibited? Because there was manual labour connected with it, and whatever has manual labour connected with it is prohibited. So far we have learned in the previous two sections that in general land and anything attached to land is not treated as an idolatrous object. The mishnah raises a glaring exception to this rule, the asherah, a tree which was worshipped, which according to Deut. 7:5 and 12:3, must be cut down and burned. The answer is that any natural object that was planted by a human being and was gardened by a person is, if worshipped, to be treated as an idol.
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Bartenura on Mishnah Avodah Zarah
ואדון לפניך – after we do not have to expound on the limitation from “or under any luxuriant tree,” one can say that it was not said other than to provide for them signs, a place where it is customary for Emorites to worship idolatry in order that Israel can search them out and destroy them. But the limitation of mountains and hills however, we eliminate from its implication for God did not command us to destroy the mountains, but [God] did command us to destroy luxuriant trees, as it states (Deuteronomy 12:3): “put their sacred posts to the fire.”
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English Explanation of Mishnah Avodah Zarah
Rabbi Akiba said: let me expound and decide [the interpretation] before you: wherever you find a high mountain or elevated hill or green tree, know that an idolatrous object is there. Deut. 12:2 instructs Israelites to destroy all the idolatrous sites, “whether on lofty mountains and on hills or under any luxuriant tree.” Rabbi Akiva seems to be answering the question, why does the Torah mention the mountains, hills and tree. It would have been sufficient to merely state that all idolatrous sites must be destroyed and we would know that this includes those found on mountains, hills and under luxuriant trees. Rabbi Akiva answers that the verse was giving a hint to the Jews where they could find idolatry.
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English Explanation of Mishnah Avodah Zarah
Questions for Further Thought: • What is the reasoning behind the answer given in section three that any tree that was planted by man is forbidden if used as an idol?
