27 Jan DESTROYING A FRUIT TREE

When one begins
construction in an
area which contains
fruit trees the question
arises if one is
allowed to cut them
down. This is a very
common issue when
doing construction in
the mountains where
there are a lot of fruit trees. Many people
are not aware of the halachos that pertain
to this issue and hopefully after learning
through the halachos in this issue one will
be more knowledgeable in this area.
The Source / Reason
The posukim in Parshas Shoftim tell us
“when you lay siege to a city for many
days do not destroy the fruit trees there
by swinging an ax because from them you
will eat. A tree which is not going to be a
fruit tree you may destroy.” The Chinuch
says the reason for this mitzvah is to teach
people to love and respect good things.
This love will help ensure that they will
keep away from bad, destructive things.
The way of good people is to be happy
with the world and not to destroy even a

mustard seed.
Danger
Besides being a mitzvah mentioned in
the Torah not to destroy fruit trees, Rav
Yehuda Hachassid mentions this inyun
in his will as one of the items which can
be a danger. The aspect of danger is also
mentioned by many poskim. Rav Chanina
blamed the untimely death of his son on
his son’s having cut down a fig tree when
it was still bearing fruits. The Gemorah
says one who cuts fruit trees will not see a
good sign all his life. The poskim grapple
with the uncertainty if this is an issur or
a danger. Some say that Rav Yehuda
Hachassid added that even if in a certain
situation it may be permitted to cut down a
fruit tree (as will be discussed later in this
issue) one should still not cut it down.
In Eretz Yisroel vs. Chutz L’aretz
Although some say this issur only
applies in Eretz Yisroel, this is not the
overwhelming opinion and one should not
rely on it.
Need for the Place
There is a discussion in the poskim if one

is allowed to cut down a fruit tree
when one needs the space where
the tree is located. Some say if one
needs the place in order to build
something there it is permitted, but
for an extension etc. which is not
needed it is not allowed. Others are
stringent in any case.
If Permitted – Does Danger
Exist?
There is a big discussion in
the poskim if one is permitted
according to the letter of the law
to destroy a fruit tree does some level of
danger still exist if one were to destroy
the tree, or once it is permitted according
to the letter of the law then no danger
exists at all. The opinion of the Yaavetz
and others is that even though a fruit
tree may be permitted to be cut down in
certain situations one is forbidden to do so
because the danger still exists and this the
reason why the son of Rav Chanina died.
However, the consensus of most poskim is
not in accordance with the stringent view
and l’maseh if it is permitted to cut down
a fruit tree one may do so without being
concerned for any danger.
Selling the Tree to a Non-Jew
Some say although one may be lenient
and cut it down when it is permitted,
one may sell the property containing the
tree to a non-Jew who may cut it down.
Before selling the property one should
dry out the tree.
Telling a non-Jew to cut the Tree
According to some poskim one may
not tell a non-Jew to cut down the tree
since the non-Jew is the agent of the yid
it is considered as if the yid is cutting it
down himself. Others say one may tell a
non-Jew to cut down the tree.
Prohibited Trees
Only trees which are halachically
considered trees are included in this
issur. Accordingly a tree which produces
nuts may be chopped down. According
to the opinion of Horav Dovid Feinstein
Shlita any tree whose fruit is not sold in
stores may be destroyed. According to
this opinion, acorn, crab apple, and wild
berry trees may be destroyed since their
fruit is not commonly sold. Additionally
a tree which is not capable of bearing
fruits may be destroyed and is not
included in this issur.
The Gemorah says that any tree which
produces a kav (around 1.9 liters) of
dates is forbidden to be cut down.

The shiur is less in regard to olives. The
Rambam says any tree whose produce is so
minute that it is a bother to deal with may
be destroyed. According to some poskim
a tree which bears fruits that contains
worms may be cut down because people
may come to eat the worms. A tree which
is young and only in its first year of growth
may not be cut down even if there are only
a few fruits on the tree. A tree whose fruits
taste sour is also forbidden to be cut down.
For Mitzvah Purposes
One is permitting to cut down a fruit tree
in order to do a mitzvah with the property.
Accordingly, one may cut down a fruit
tree down in order to build a mikvah, shul
cemetery, etc.
Branches
According to the opinion of many poskim
the issur is only to cut down the fruit tree
itself and cutting branches of a fruit tree is
permitted. This is true even if the branches
contain fruit. This is very common when
one is cutting branches to place on top his
succah.
Ownerless Trees
It would seem that cutting fruit trees which
do not have any owner should not be done.
If the Tree Causes Damage
A tree which causes damage may be
destroyed. For example, one may destroy a
fruit tree if it is darkening the light coming
into one’s house. Others say it is better
to cut down branches than to destroy the
whole tree. A fruit tree which is dangerous
to walk under may be destroyed. In a
situation where a fruit tree causes flies it
is better to sell the tree to a non-Jew who
may cut it down (see above). A fruit tree
which was planted to serve as a fence (and
not to eat) may be cut down.
A Tree Which Produces Fruits Twice a
Year
According to the writings of Rav Yehuda
Hachassid a tree which produces fruits
twice a year must be destroyed.