Permissible Cases of Cutting Down a Fruit Tree
Although we said that cutting down fruit trees is prohibited and can even be a great sakonah [danger], there are several cases when doing so is allowed:
Greater Value
The Torah only forbade cutting down a fruit tree in a destructive, wasteful manner. If, however, it is for a specific purpose which is much more valuable than the fruits are currently worth (Birchas Hashem, siman 1, ois 39), one may cut down the tree (based on the Gemara, Bava Kama 91a). (We will see below regarding whether there may still be a sakonah even in such a case).
Needs the Wood
If a tree’s wood is more valuable than its fruits, e.g., it can be used in construction, sold, used as fuel, or used for other purposes, one may cut down the tree.
Current Need
If the fruits are technically worth more than the wood, but at the moment, one has a great need for the wood and it is more valuable to him for this purpose, e.g., he is cold and needs wood to make a fire for warmth and has no other wood at the moment, the poskim argue whether the “greater value” heter applies. Some say the wood is considered to have greater value and he can cut down the tree (simple reading of Rashi and other Rishonim, Ramban Al HaTorah, Shu”t Mahari Basal 101, and Shu”t Heishiv Moshe, Yoreh Deah 37). Others say it is forbidden to cut it down since the wood is only worth more to him at the present moment, whereas for this heter, the wood must always be worth more to him (Rambam, Hilchos Melochim, Perek 6:9, Kesef Mishnah, Lechem Mishnah, and Shu”t Beis Yitzchok, Yoreh Deah 142:4).
Old Trees
The Gemara in Bava Kama (91a) provides a definition for an old tree: A date palm that produces less than a kav (sixteen times the size of a revi’is i.e. about 1.4 liters) of dates and an olive tree that produces less than a quarter of a kav of olives may be cut down. When this is the situation, the trees are regarded as non-fruit bearing trees and may be cut down. This is also the Rambam's ruling.
One may not cut down a grapevine that produces any amount of grapes due to its importance (Rosh). Regarding other trees, some say it depends on their importance (Rosh and Yam Shel Shlomah); others say we use the figure for a date palm – a kav per year (Tiferes Yisrael).
The Chasam Sofer writes that if it is unknown if a tree still produces the prescribed amount, and unclear if it is worth working on, one may not cut it down and it is a danger. The Minchas Chinuch learns this from the pasuk (Devarim 20:20) "However, a tree you know is not a food tree...". The Torah prohibited cutting down a tree if there is a possibility that it may bear fruit, permitting it only when it is clearly not a fruit bearing tree.
Papaya Tree
We see that there is a heter to cut down an old tree that no longer produces fruit, what if the tree is still growing fruit, but it is more profitable and convenient to replace the old tree with a younger tree?
I saw in a write-up from Torah and Hora’ah the following: “An interesting situation is the papaya tree. The tree grows very quickly and can reach nearly 8 meters, but since the fruit are found only at the treetop and the cost of climbing up and picking the fruit is prohibitively expensive, growers cut down the old big trees and plant younger ones with fruit that can be harvested more easily. Here, an old tree cannot be called a non-fruit bearing tree, but when taking into consideration the cost of harvesting, one may be halachically permitted to cut down the big tree in favor of a younger tree.”
Neglect
Rabbi Meir Bransdorfer (Shu”t Knei Bosem 3:50) and Rabbi Yosef Lieberman (Shu”t Mishnas Yosef 3:27) both write that a fruit tree loses its status when it is so old that it fails to produce fruit, but if the failing to produce is a result of neglect, cutting it down is prohibited.
A Harmful Tree
The Gemara (Bava Kama 92a) rules that uprooting a tree that grew near other trees and prevents them from producing is permitted. Therefore, one may thin the trees in an orchard to maximize an orchard's production. Similarly, some trees are a mitzvah to uproot even if they produce fruit such as Asherah trees that were worshipped as Avoda Zorah (Bava Kama 91b). This is the Rambam's ruling (Hilchos Melachim 6:8): “...A fruit tree may be cut down if it causes damage to other trees or to fields belonging to others, or if a high price could be received for its wood. The Torah only prohibited cutting down a tree with a destructive intent.” The Meishiv Dovar (Shu”t, Vol. 2, siman 56) adds: If other trees are being harmed, why should these trees be more important?
