Fruit Tree - Branch Removal

QUESTION: Does the prohibition of cutting down fruit trees (bal tashchis) only apply to cutting down an entire tree, or does it apply to cutting down branches from the tree as well?

ANSWER: The Mishnah L’Melech (Issurei Mizbayach 7:3) cites the Be’er Sheva who forbids cutting down even branches from a fruit tree, unless he needs the branches to perform a mitzvah. However, the Mishnah L’Melech disagrees. He writes that the prohibition only applies to cutting down the entire tree. The Mishnah L’Melech adds that he does not know of any source that would forbid cutting down branches of a tree. Although, the Rambam (Melachim 6:10) is clear that one may not break any item unless he does so for a constructive purpose, however, if one wants to cut down branches because he needs the wood, even if it is not for a mitzvah, according to the Mishnah L’Melech this would be permitted.

The Meiri (Berachos 36b) writes explicitly that the prohibition of bal tashchis does not apply to cutting branches. Har Tzvi (OC 2:101) writes that if cutting off branches will strengthen the rest of the tree, this is surely permitted. However, he concludes that one should only be lenient if this is being done for a mitzvah as per the Be’er Sheva. An example of this would be cutting branches to be used as schach for a sukkah if one cannot find other wood. The Har Tzvi adds that as mentioned before, one should have a non-Jew do the act of branch removal. This is also the conclusion of Rav Ovadya Yosef zt”l (Yichave Daas 5:46).

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