Gardening - Tree Removal

QUESTION: May I remove the fruit tree in my yard if its wood is more valuable than its fruits?

ANSWER: There is a Biblical prohibition to cut down a fruit tree. This is based upon the verse in Devarim (20:19-20), “When you lay siege against a city, do not destroy its trees for they are food for you to eat.” The Rambam (Hilchos Melachim 6:8) writes that the Torah prohibition to cut down a fruit tree only applies if it is done as a destructive act. Therefore, Rambam writes that a fruit tree that is more valuable for its wood is permitted to be cut down.

Similarly, if the fruit tree is causing damage, it may be cut down. The Gemara (Bava Kama 92a) relates that Shmuel had a date tree which was planted near his grape vines. Because the date tree was sapping the strength from the vines, Shmuel ordered that the tree be removed. Also, poskim permit cutting down a fruit tree that is causing damage to one’s house. Yebia Omer (YD 5:12) adds that one may cut down a fruit tree to expand one’s house if one’s living space is cramped. However, one may not cut down a fruit tree just to beautify the property or to expand the yard.

The Gemara (Bava Kama 91b) relates that an Amora lamented that his son passed away because he cut down a fig tree while it was still a viable fruit producing tree. Rav Yaakov Emden (She’eilas Yaavetz 1:76) writes that the Amora’s son did nothing wrong. The fruit tree’s wood was more valuable than its fruits and in this situation the tree may be cut down. Although nothing was done wrong, this Gemara is showing the sakana (danger) of cutting down a fruit tree. Therefore, in almost all situations when cutting down a fruit tree may be permitted, one should not do it themselves because of this sakana (danger). One should rather hire a nochri to remove the tree. If the tree is more valuable for its fruit than its wood, one may not even ask a nochri to cut it down.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.