Fruit Tree - New Shoots

QUESTION: I have a fruit tree that is sending up new shoots. Am I allowed to mow them down?

ANSWER: Rav Yitzchak Zylberstein (Tzohar 1:pg. 55-56 ) was asked whether one may uproot a small tree that was growing in their yard from a fruit pit that someone had dropped. He ruled that until the plant grows to the size of one tefach (approximately 3-4 inches), it does not have the status of a tree and may be removed. Once it grows taller than a tefach, even though it does not yet produce fruit, it may not be chopped down.

Poskim discuss whether one may dig up a tree and replant it elsewhere. Rav Yaakov Emden (She’eilas Yaavetz 1:76) writes that this is permitted. However, Teshuvos Chasam Sofer (Y.D. 102) disagrees. He writes that any tree that may not be cut down may also not be transplanted. However, some poskim differentiate between large trees which can easily be damaged during transfer, and small saplings which are commonly moved as standard farming procedure (See Darchei Teshuva 116:51 in the name of the Avnei Tzedek). In practice, the recommended procedure is to sell the tree to a non-Jew and then have the non-Jew remove the tree and replant it elsewhere. It is recommended that one speak to a rabbi to work out all the details prior to any removal of a fruit tree.

In the case of new shoots that are popping up next to the fruit tree, if they are crowding the original tree and stifling its growth, since they are damaging the tree, they may be removed. A non-Jew should be asked to cut them down. Pruning of fruit trees is permitted.

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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.