It is Biblically forbidden to cut down a fruit tree. This is the prohibition of Baal Tashchis and it is one of the 613 Mitzvos.
The source of this Mitzvah is in Parshas Shoftim which teaches that when the Jewish people lay siege to a city that they are warring with, they may not cut down its trees. The reason given is because we eat from these trees. In contrast, a tree that does not bear fruit, one may cut down.
Sefer Hachinuch writes that the Mitzvah is to teach us to be kind and compassionate; to love goodness and positivity and to stay away from anything destructive.
The Rambam qualifies, that the prohibition does not only apply to a siege. It applies in all circumstances. If one cuts any fruit tree in a manner of destruction, one violates this prohibition. One may also not withhold or block water from the trees so that they will wither and die.
Exceptions
The Rishonim and Acharonim record a number of circumstances where it is permissible to cut down a fruit tree. These include:
- If the tree is causing damage to other trees of better quality or to an adjacent field.
- If the wood of the tree is more valuable than its fruit and one requires the wood.
The Ta”z writes that the same applies if one wants to build a house and needs the site of the tree. There are those who argue with this opinion of the Ta”z. The Alter Rebbe brings the ruling of the Ta”z as Halacha.
Some Acharonim qualify that this leniency only applies when there is a significant need such as where the house is too small to be liveable. Merely extending a house for comfort or aesthetics would not warrant any leniency.
Aruch Hashulchan adds that one may cut down a fruit tree that is darkening their windows.
The basis for leniency in these cases, is because where the benefit or need is worth more than the tree, it is not considered as act of mere destruction.
Sakana
The Gemara records Rabbi Chanina as saying that his son Shivchas died prematurely because he cut down a fig tree prematurely. This was Middah Kneged Middah; he cut down the tree prematurely so he too was cut down before his time.
The Poskim discuss whether this Sakana only applies when one cuts down a tree in a forbidden manner. Some Poskim argue that the Sakana applies even when cutting down the tree for one of the reasons discussed above. They argue that it is difficult to say that Rabbi Chanina’s son would have cut down a tree in a forbidden manner.
Others write that there is no Sakana when done in a permitted manner, but one must be certain that the benefit is greater than the value of the tree.
The Alter Rebbe clearly writes that the Sakana does not apply when the tree is cut down in permissible circumstances.
The Chasam Sofer writes that even in circumstances where it is halachically permissible to cut down the tree, we should adopt the practise recorded in Sheilas Yaavetz – do uproot the tree with the soil intact at its base and replant it in another location.
Since we are dealing with a matter of Sakana, we apply the principle Chamira Sakanta Meisura, that we are even stricter in matters of Sakana than other Torah prohibitions. Therefore, most Poskim are cautious and adopt the stricter approach unless there are other additional factors.
There is a letter from the Rebbe addressed to someone who had ruled leniently and something untoward had happened. The Rebbe writes that despite the Alter Rebbe’s lenient ruling, they should be cautious, since the Tzavaah of Rabbi Yehuda Hachassid writes that there is always Sakanah and they have experienced something untoward in the past.
Cutting by a non-Jew
Sheilas Yaavetz writes that in a questionable case, one should have a non-Jew cut down the tree. In this case, the danger does not apply. Kaf Hachaim writes that it is always better to have a non-Jew cut down the tree, even when permitted.
Other Poskim go further and write that the tree should be sold to the non-Jew with a proper Kinyan and the non-Jew should uproot the tree.
What about trimming the trees?
Some Poskim understand that the prohibition only applies to completely destroying or uprooting the tree. Trimming or breaking off branches is not a problem. Other Poskim disagree and maintain the prohibition applies to cutting branches as well.
Accepted practise is to be stringent, especially as this is a matter of Sakana as well. It is permissible to trim a fruit tree to promote growth or for the tree’s benefit.
For the purpose of a Mitzvah
Many Poskim are lenient where the tree is being trimmed for the purpose of a Mitzvah. This includes where the branches are overhanging a Sukkah, or to use as Schach where no other branches are available. This is especially so when one is only trimming small, soft branches. Even then, it is preferable for a non-Jew to cut the branches.
This may be limited to absolute Mitzvos and one cannot extrapolate to other situations. This may include decorating the Sukkah or decorating the Shule on Shavuos.
Due to the fact that this Halacha involves Sakanah, one should always contact a competent Halachic authority for practical direction.
May we be Zoche to the coming of Moshiach when even non-fruit bearing trees will give fruit once again.
