Sakana - Removing Fruit Trees

QUESTION: Under what circumstances is one permitted to cut down a fruit tree?

ANSWER: There is a Biblical prohibition to cut down a fruit tree based on verses in Devarim (20:19-20). From the Talmud and poskim it emerges that there are several exemptions to this restriction. The prohibition does not apply in any of the following situations: (a) the tree is old and no longer produces a kav of fruit (volume of 24 eggs), (b) the tree would be more valuable for its wood than as a fruit bearing tree, (c) the tree is causing damage, (d) the removal of the tree will allow for expansion of extremely cramped living space. Nevertheless, Rav Yaakov Emden (1697-1776) in She’eilas Yaavetz 1:76 takes the dramatic position that, while there is no Biblical prohibition to remove the tree in the above situations, it is nonetheless a sakana (danger) to do so. Rav Yaakov Emden’s position has been intensely debated for the past three centuries (See Yabia Omer, YD 5:12, for sources). Because there is a concern of sakana, many poskim recommend transferring ownership of the tree to a non-Jew, and then having a non-Jew remove the tree. While the allowance of having a non-Jew cut down the tree when the Biblical prohibition stands is also a matter of debate, one can allow a non-Jew to remove the tree when any of the four leniencies noted above apply. Pruning a fruit tree to improve productivity is also permitted.

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