You Are Here: Home » Responsa Resource » Daily Living » CUTTING DOWN FRUIT TREES

CUTTING DOWN FRUIT TREES

CUTTING DOWN FRUIT TREES

Question:
SHALOM UVERACHA
THERE IS AN INDIVIDUAL WHO ATTEND MY WEEKLY HALACHA SHIUR WHO PLANS ON MAKING ALIYA AFTER CHANUKA BUT BEFORE PURIM BE”H
THE PROBLEM IS THIS. WE LIVE IN SOUTH FLATBUSH AND HE HAS VERY GOOD OFFERS FROM SEFARDIM TO BUY THE HOUSE. THE PROBLEM IS THERE IS A FRUIT TREE IN THE BACK WHICH HAS BEEN HOLDING UP THE SALE. AS THE BUYERS ALL WANT TO EXPAND THE HOUSE FURTHER BUT WANT THE HOUSE DELIVERED WITHOUT THE FRUIT TREE. MEANING THEY ARE MAKPID NOT TO CUT IT DOWN BUT WANT THE SELLER TO CUT IT DOWN.
MY FIRST THINKING OF THIS IS THAT IT IS A SAKANA WAITING TO HAPPEN AND GADOL SAKANTA MEISSURA HENCE DO NOT CUT IT DOWN.
WHILE THE POSKIM DISCUSS THIS VERY ISSUE AND MANY OPINE THAT FOR A MITZVA IT CAN BE CUT DOWN (e.g. EXPANSION OF A SHUL, A MIKVA OR A SUCCA).
ALSO CUTTING IT DOWN BY A GOY FOR HIS NEEDS IS ALSO AN OPTION, ASSUMMING A GOY CAN BE FOUND AND MUCH BETTER IF IT IS REPLANTED WITH ITS ROOTS AND DIRT ETC.
CAN HE RELY ON THE “TZORECH MITZVA ASPECT” SINCE HE INTENDS TO MAKE ALIYA BEING THE TZORECH MITZVA.

Answer:

If it can be transferred and replanted in another place that would be ideal, however often with fully grown trees this is not a possibility. The next best option is to sell the tree to a non Jew with a proper acquisition and have him cut down his “own”tree. On the day the tree is being cut down, he should give extra tzedaka, say tehillim, and perhaps fast for half the day, if that is feasible.

Leave a Comment

Scroll to top