Thus, when allowing one to cut down a fruit tree, it is customary to combine other elements so that it is done in the best possible way.
Cutting Down in the Best Possible Way:
- Halachically Mutar: First of all, it must be a case where it is permissible to cut down or uproot the tree, e.g., that will have greater value, the tree is causing damage, it is old, or the like.
- Sell to a Non-Jew: Even when it is technically permissible, it is best to sell the tree to a non-Jew with a kinyan of money and a shtar and have the non-Jew cut it down (Shu”t Beis Shlomah, Yoreh Deah 191, Shu”t Imnei Noam, Shu”t Yad Yitzchak). Although selling it to a non-Jew alone is just a trick and does not help, when there are also other considerations to allow it, the minhag is to be meikel (Shu”t Beis Yitzchak, Yoreh Deah 1:142).
- Uprooting the Tree and Replanting It: Another permissible method when there are other factors to allow it is to have a non-Jew uproot the entire tree with its roots and some earth and replant it elsewhere (Shu”t Sheilas Yaavatz) if experts think it will take root in its new location.
- Making a Neder Prohibiting Anyone to Benefit from the Tree or Its Fruit: In his sefer Menashim B’Ohel (pg. 215) R’ Ezriel Auerbach shlita wonders if one makes a neder forbidding the tree and it’s fruits to the entire world (in a manner where there is no way to nullify the neder) if perhaps that would be a heter to cut it down, as the pasuk says: ממנו תאכל – “For you may eat from them”, and such a tree is not fit for eating from.
Beis Din of Three
Since some hold that there is a sakonah for the posek who allows cutting down a tree in addition to the one who cuts it down (Shu”t Tzvi Tiferes, Yoreh Deah 6), the minhag is to have a three-member beis din or three rabbonim permit it. This way, it is not an individual giving the heter but a beis din, and the zechus harabim will protect them (Shu”t Minchas Elozor, 3:13, Shu”t Avnei Tzedek 46 and others).
The Shu”t Mishnas Yosef (3:23) writes that when a rabbi or beis din rule it is permitted, the heavenly beis din follows suit and the danger is no longer present.
Conclusion
Most poskim agree that the issur of cutting down fruit tree is only when it is done in a way that causes waste. When cutting a tree is financially necessary there is no prohibition involved, although the danger is still present. Only when clearly necessary and a great need, is cutting it down permitted. In addition, one is permitted to cut down trees that have grown too old to bear fruit.
Despite it being permitted, when necessary, it is preferable to sell the tree to a non-Jew and pay him for removal of the tree along with the earth and roots. This ensures continued life for the tree. As usual, for practical guidance I recommend presenting the question to a qualified rabbi.
