Devarim 16:21,22 (Shoftim) - Asherot and matzevot in the Torah

Devarim 16:21,22 record the following two prohibitions, “You are not to plant yourself an asherah (or) any-kind of tree beside the altar of G-d that you make yourself. And, you are not to raise yourself a matzevah (stone pillar) that G-d hates,” (adaptation of Fox 1995 translation). The asherah would be a carved tree, while the prohibition of any tree would be to a natural tree that had not been worked on.

These prohibitions are troubling since Avraham appears to have planted an ashera, Bereshit 21:33, and Yaakov, Bereshit 28:18, 35:14, and Moshe made matzevot, Shemot 24:4.

Rashi (on 16:22) explains that in the time of the patriarchs G-d liked them, but after the Canaanites adopted them as part of their pagan ritual, G-d hated them. Yet, did the Canaanites really not use these items for idolatry in the times of the patriarchs?

The Ramban (on 16:22, also see comments on Bereshit 26:5) notes that the Canaanites also had altars as part of their pagan worship, but altars did not become prohibited. Ramban suggests that the altars could not have been prohibited since they were essential to offering sacrifices, while the matzevot are not needed to offer sacrifices, which means that they could be abolished once they were adopted by the Canaanites.

Ibn Ezra (on 16:22) suggests that the prohibition of matzevot (also asherot?) was only when the matzevot were made with the intention of using them for idol worship. However, if they were made to worship G-d as by Yaakov (and by Moshe?), then they would be permitted. Yet, there is no indication in 16:21 of a distinction between permitted and forbidden matzevot, or good and bad worship that is associated with the pillars.

My guess is that first one has to distinguish between pillars that are used for worship at all and others that are types of monuments to re-call events, that the latter case would be permitted. Most likely this was the case by the pillars that Moshe put up, the pillar that Yehoshua put up, Yehoshua 24:26,27, and Yaakov’s matzevah for Rahel, Bereshit 35:20. The prohibitions in 16:21,22 are then referring to a pillar or a tree that is used in some ways for religious actions, certainly idol worship but even worship of G-d.

In addition, maybe by Avraham and Yaakov, G-d always hated their ashera and matzevot, but He tolerated them since he knew that they were using them to worship Him. However, before Moshe died the people had to be told that asherot and matzevot were no longer going to be tolerated, even if they were intended to be used for the worship of G-d.

This explanation is similar to the Rambam’s approach by sacrifices, Moreh 3:32, that G-d “suffered the above mentioned kinds of worship (sacrifices) to remain” (Pines, 1963, p. 526) since mankind could not conceive of a worship of G-d without sacrifices. Likewise, in this case, G-d initially did not prohibit the asherot and matzevot since they were used with good intentions. However, by the asherot and matzevot, they were eventually prohibited, possibly because they were not considered by the people as being crucial to the worship of G-d as opposed to sacrifices, and hence the people could accept their prohibition.

Bibliography:

Fox, Everett, 1995, The Five Books of Moses: A new translation, New York: Schocken Books.

Pines, Shlomo, 1963, Translation of Guide to the Perplexed by Moses Maimonides, Chicago: University of Chicago Press