YeshivaThe torah world Gateway Beit Midrash
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: The Torah forbids cutting down fruit trees (Devarim 20:19). This is the strictest application of the concept not to be destructive (see Rambam, Melachim 6:8). The gemara and poskim identify "non-destructive" cases where it is permitted to cut them down.
The gemara grants permission in the following cases: 1. The tree no longer produces a kav (a relatively small amount) of fruit (Bava Kama 91b-92a). 2. It is worth more for wood than for fruit (see Rashi, ad loc.). 3. It is significantly damaging a more valuable tree (see Tosafot ad loc.). 4. It is damaging another’s property (Bava Batra 26a).
The Rosh (Bava Kama 8:15) learns from the above that one may cut down a tree if needed to use its location, which the Taz (Yoreh Deah 116:6) applies to building a home. Most poskim say this includes expanding a home, assuming the addition is more valuable than the tree (see Yabia Omer V, YD 12).
Your case might seem to be clearly fine. If it will be permitted to cut down the tree, but you want to plant it because of the good chance you will not build, why shouldn’t you? One possible issue is that not all agree how far to extend the Talmudic leniencies (see discussion, ibid.). Therefore, there is reason to avoid a situation that might be forbidden. However, leniency regarding house expansion is accepted enough for this not to be a major impediment.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
545 - Rearranging Aliyot to Enable a Levi’s Aliya
546 - Planting a Fruit Tree he may Uproot
547 - Hinting One Does Not Want an Aliya
Load More
The latter approach is strengthened by the opinions (see discussion in Etz Hasadeh 10:1) that even when one is halachically permitted to cut down a tree, it can cause bad fortune (see Pesachim 50b) or even danger (see Bava Kama 91b). This prompted some poskim to say that even when there is a serious need to cut down the tree, one would be wise to have a non-Jew, to whom the prohibition does not apply, do it (see Shut Chatam Sofer, YD 102). Therefore, even if, as seems to be the case, we do not have the basis to prohibit setting up a situation where one might have valid cause to cut down the tree, we cannot say confidently that it is wise to do so.
It will not help to cut down the tree before it has the "minimum amount" of fruit for the prohibition, because that amount is a sign of lack of long-time feasibility for old trees (see Rambam, ibid. 9), not for young trees that are expected to be fruitful. However, there are further grounds for leniency based on the opinions that the prohibition does not apply to a tree planted with intention to cut it down (see Etz Hasadeh 8:7).
An idea to mitigate the situation is to plant the tree in a way that it can be effectively transplanted, as many permit or consider it an added reason for leniency (She’eilat Yaavetz I:78). If you do so in a non-permeable encasing, it might be considered not planted, so that perhaps moving it will be easier and even without halachic consequence (Chazon Ish, Dinei Orla 32) Consider, though, that transferring it to the ground may restart the years of orla (ibid.).
In summary, assuming the lack of serious need to plant the tree right away, there is logic to wait for more clarity whether you will build. However, we would not say it is forbidden to plant the tree; we also suggested mitigating steps.
Lessons
fast navigation

Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.

The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.

P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)

P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)

Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)

Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)

Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.

Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.












