Lawfully Destroying Trees

If a man injures himself, even though he has no right to do so, is not liable. But others who injure him are liable. If a man cuts down his own saplings, even though he has no right to do so, is not liable. But, if others cut them down, they are liable.

§ In connection with the prohibition against cutting down trees the Gemara notes: Rav said with regard to a palm tree that still produces fruit in the amount of a kav, that it is prohibited to cut it down due to the prohibition of: “When you shall besiege a city…you shall not destroy the trees” (Deuteronomy 20:19). The Gemara raises an objection to the statement of Rav from what was taught in a mishna (Shevi’it 4:10): How much fruit must be on an olive tree so that one may not cut it down? A quarter-kav. Why did Rav say that it must produce a full kav? The Gemara answers: Olive trees are different, since they are significant. Therefore, even a quarter-kav is valuable. Rabbi Ḥanina said: My son Shivḥat did not die for any reason other than that he cut down a fig tree before its time. Ravina says: But if the lumber was greater in monetary value than its fruits, it is permitted to chop it down, and this does not violate the prohibition against destroying a tree. This halakha is also taught in a baraita. The verse states: “Only the trees of which you know that they are not trees for food, them you may destroy and cut down” (Deuteronomy 20:20). “Only the trees of which you know”; this is referring to a tree that bears fruit used for food, and it is permitted to cut down this type of tree under certain circumstances. “That they are not trees for food”; this is referring to a barren tree. The Gemara asks: And since the baraita will ultimately include all types of trees, so that even a tree that produces fruit may be cut down, what, then, is the meaning when the verse states: “That they are not trees for food,” which indicates that it is permitted to cut down only a barren tree? The Gemara answers: It is to give precedence to cutting down a barren tree over a tree whose fruit is used for food.

(8) Fruit-bearing trees must not be cut down outside of the city⁴³Under siege in order to pain them. nor do we block their irrigation water causing the trees to dry up, as it says, “do not destroy her trees” (Deut. 20:19). Anyone who cuts down a tree receives lashes. This is not only at times of a siege, but anyone at anytime who chops down a fruit-bearing tree by for destructive purposes receives stripes. The tree may be cut down if it is damaging other trees or it is damaging another’s field, or because the tree is more valuable for its wood than its fruit. The Torah only forbids wanton destruction.

(9) It is permitted to cut down a non-fruit-bearing tree even if the tree itself is not needed. Similarly, an old fruit-bear tree which only produces a small yield and is not worth the effort to maintain can be cut down. And how much olive yield must an olive tree produce for it not to be cut down? A quarter of a Kav of olives. A palm tree which produces a Kav of dates may not be cut down.

(10) And not only regarding trees, but even one who destructively breaks vessels or rips up clothing or tears down a building or seals up a spring or wastes food violates the Negative Commandment of “Do not destroy”. However, he only receives stripes for disobedience, in accordance with the Rabbis.

Rabbi Avraham ibn Ezra explained well, that the sense of the verse is "for from it you shall eat, for man is the tree of the field, and you shall not cut it down that [the city] should come under siege before you.... However, according to the opinion of our Sages of blessed memory, it is permitted to cut down a food tree to build a siege. The Torah only says, A tree that you know is not a food tree to give precedence, to say that a barren tree comes before a food tree.

Trees that you know. But if there is a doubt, it's prohibited.