Destroying Fruit Trees

Although it is forbidden to intentionally waste anything,[1] the unwarranted uprooting of fruit tress is the most severe violation of "baal tashchit", the prohibition to waste or unnecessarily destroy something. The prohibition against uprooting fruit trees is so severe that it is often forbidden to do so even in a time of war.[2] It goes without saying that uprooting fruit trees for aesthetic or landscaping purposes is forbidden, as well.[3] The prohibition of "baal tashchit" applies equally to men and women.[4]

The prohibition against uprooting fruit trees applies to any tree whether it is owned by a Jew, non-Jew, and even if it is ownerless.[5] One of the sages of the Talmud suggested that his son's tragic death was likely a Divine punishment for having cut down a fig tree.[6] Although destroying any tree is forbidden, some authorities are of the opinion that it is only uprooting trees which supply fruit for human consumption that is a true violation of the biblical prohibition.[7] Similarly, some authorities suggest that there is no prohibition to uproot a tree if it produces only minimal amounts of fruit.[8] There is also no prohibition on performing routine maintenance on a fruit tree such as removing dead branches and the like.[9] It is often permissible to uproot a fruit tree if one desires to relocate it somewhere else.[10]

It is only the reckless and unjustifiable destruction of tress which is forbidden. As such, it is often permitted to cut down trees when doing so serves a constructive purpose. For example, a fruit tree which is damaging other trees or one whose wood is of great value may be cut down.[11] So too, a tree whose wood is needed for heating or other vital necessities may be cut down, as well.[12] Similarly, it is permissible to cut down fruit trees in order to build a home and other residential needs[13] or in the event that one truly needs the space that the tree occupies.[14] Some authorities even allow one to cut down a tree if it is blocking the sunlight from entering one's home.[15] On a mystical note, Rabbi Yehuda Hachassid teaches that a tree which produces fruit twice in one season is to be cut down immediately.[16] A tree that is inherently causing damage is often permitted to be cut down.[17]

When confronted with a pressing need to cut down a tree, there are grounds for additional leniency if the circumstances involve an ownerless tree.[18] So too, it is often permissible to do something wasteful or destructive, including uprooting a fruit tree, if it is being done for the sake of a mitzva, such as to use its wood to build a sukka.[19] Similarly, one is required to perform kriah, to tear one's shirt upon hearing of the death of a close relative, even though doing so is certainly an act of waste and destruction. There are other examples where it is permitted to destroy something in the course of a mitzva, as well.

Whenever one seems to remain with no choice but to uproot a tree, it is best to first sell the tree to a non-Jew and then have him cut down what is now his own tree.[20] So too, it is preferable to intentionally neglect a tree and allow it to die on its own, rather than to be the direct cause of its destruction.[21] When uprooting a tree for a legitimate purpose, and after having consulted a halachic authority, one need not fear any possible tragic repercussions, such as the one noted above. One is encouraged to make heroic efforts to avoid ever having to cut down a fruit tree at any time, whatever the situation or circumstances.[22]

[1] Rambam, Hilchot Melachim 6:10; Sefer Hachinuch 529.

[2] Devarim 20:19.

[3] Rambam, Hilchot Melachim 6:8.

[4] Sefer Hachinuch 529.

[5] Shulchan Aruch Harav, Shmirat Haguf V'hanefesh 14.

[6] Bava Kama 91b.

[7] Haktav V'hakabbala, Devarim 20:20.

[8] Bava Kamma 91b; Yabia Omer, YD 12.

[9] Mishne Lemelech, Hilchot Issurei Mizbe'ach 7:3; Shaar Hahalacha 357.

[10] Yaavetz 1:76; Chatam Sofer, YD 102; Teshuvot V'hanhagot 1:831.

[11] Rambam, Hilchot Melachim 6:8.

[12] Shulchan Aruch Harav, Shmirat Haguf V'hanefesh 14.

[13] Taz,YD 116:6; Chaim Sha'al 1:22,23.

[14] Rosh, Bava Kamma 91b.

[15] Chavot Yair 195.

[16] Rabbi Yehuda Hachassid 45.

[17] Rambam, Hilchot Melachim 6:5.

[18] Yehuda Yaaleh, YD 164.

[19] Be'er Sheva 24; Sheilat Yaavetz 1:76; Divrei Chaim, YD 2:57; Dovev Meisharim 1:134; Beit Yitzchak, YD 1:142; Yechaveh Daat, YD 5:46; Rivevot V'yovlot 2:8.

[20] Yechaveh Daat 5:46; Beit Shlomo 1:191.

[21] Sifri, Devarim 20:9.

[22] Rabbi Yehuda Hachassid 45; Aseh Lecha Rav 2:65.