2123 —קציצת אילן עושה פירות שרובו יבש, דעות הלכתיות שונות

B"H, 14 Sivan, 5713.

Brooklyn.

Haraha"g vaharaha"ch iy"a nu"n Melech Kaplan

Shalom u'Vrachah!

In response to your letter regarding the question about cutting down a fruit tree that is mostly dry, etc., and that there are opinions both ways—especially since in Eretz Yisrael most are lenient—yet you had an incident three years ago and it did not turn out well, etc.

In addition to all the above, it is also known what is written on this in the will of Rabbi Yehudah HaChasid, section 53. There is also discussion in the book Shiv'im Temarim. Based on all the above, in my opinion you should refrain from permitting this matter since you yourself had such an incident—even though according to what our Rebbe the Alter Rebbe wrote at the end of Hilchos Shemirat Guf VeNefesh it would be permitted.

With blessing.

Since the above-mentioned book is not so readily available, I am copying here the books he references: Kerem Shlomo Yoreh Deah section 368; Ikrei HaDat Choshen Mishpat section 14 letter bet-chet; Shem Mishmuel Peh Lamed Hei, bet; Chatam Sofer Yoreh Deah section bet; Shut Shem Aryeh Yoreh Deah section 27; Peri Megadim Orach Chaim section 263 Mishbetzet Zahav subsection gimel (and others). Also discussion on this in Tosafot D.H. VeHalachta (Kiddushin 52a); Maharit there; Rashbam Bava Batra 120a D.H. Lehalan; Ravid HaZahav Parashat Masei; Shut Rashdam Choshen Mishpat section 318; Shach Yoreh Deah section 294 subsection yud-gimel; Shut Chavalim B'Ne'imim volume 3 section ayin-chet; Shut Maharsham volume 3 section kuf-lamed-vav; Shut Maharash volume 6 section bet; Sefer Darkei Chaim V'Shalom section tav-tav-kuf-mem-gimmel.

Summary

The Rebbe writes that when dealing with cutting down a fruit tree that is mostly dry—a matter with differing halachic opinions—one should be stringent and refrain from permitting it if they have personally experienced negative outcomes before.