2. Question: Can one cut branches from a fruit tree?

Introduction: The prohibition of cutting down fruit trees is explicit in the Torah in Parshas Shoftim (Devarim 20:20). Various Gemoros (Bava Kama 91b, Bava Basra 26a) also mention this issur, and the Rambam (Hilchos Melochim Perek 6 Halocho 8) clearly rules that it is forbidden to cut down fruit trees. The Rambam (ibid) writes that the prohibition does not only apply to a situation of siege [which is the context of the possuk] but to all other situations and places. Surprisingly, this prohibition is not mentioned explicitly anywhere in Shulchan Aruch.

The Taz (Yoreh De’ah Siman 116 s.k. 6) writes that “there is another issue that Chazal forbade because of danger – that one should not cut down a fruit-producing tree”. Many ask on the Taz who writes that “Chazal forbade because of danger”; surely this is a clear issur min hatorah and not only an issur d’rabonon because of danger?

Various Acharonim explain that the Taz could be discussing a situation where there is no prohibition to cut the tree down (as will be explained), but there is still associated danger in cutting down the tree, despite the lack of a prohibition. The Graz however writes that in the situations where there is no prohibition to cut down the tree there is also no associated danger in doing so.
If the tree in question is a non fruit bearing tree, or if a (fruit) tree is damaging, or if cutting down the tree will be more profitable than keeping the tree standing, or a tree that only produces a minimal amount of fruits, it is permitted to cut the tree down.
Discussion: Regarding cutting branches from a fruit tree we find differing opinions in the Poskim:

• The Mishna l’Melech (Perek 7 Hilchos Issurei Mizbei’ach Halocho 3) writes that he is not aware of any source that forbids cutting branches from fruit trees. This is also the opinion of the Beis Ya’akov (Siman 140).
• The Mahari Bassan (Siman 101) clearly rules that there is a prohibition of bal tashchis to cut branches from fruit trees. This is also the position of the Beis Yitzchok. The Chesed l’Avraham also rules that it is forbidden – midrabonon.
Rav Elyashiv wrote (Kovetz Teshuvos Volume 2, Siman 40) that according to the majority of the Poskim it is forbidden to cut branches from a fruit tree. ……
• The Chikrei Lev (Yoreh De’ah Siman 11) differentiates between whether the branches are being cut off for no constructive purpose, which is forbidden, and a situation where one prunes and cuts off branches for the benefit of the tree, which is permitted. (He brings a proof that the latter is permitted from that which the Torah states: “And six years you will prune your vineyard”…)

Because of the machlokes regarding whether the issur of bal tashchis applies also to cutting branches from a fruit tree several Acharonim suggest that if one needs to cut branches from a fruit tree one should endeavour to procure a non-Jew to do the cutting, because the issur of bal tashchis does not apply to a non-Jew.

Conclusion: It is forbidden min hatorah to cut down a fruit bearing tree, except for specific situations; i.e. the tree is damaging, cutting down the tree will be more profitable than keeping the tree standing, a non fruit bearing tree, or a tree that only produces a minimal amount of fruits. There is also spiritual danger associated with cutting down fruit trees.
Regarding cutting branches from fruit trees, we find various opinions in the Poskim as to whether the issur of bal tashchis only applies to the whole tree and not to branches, or the issur of bal tashchis also applies to individual branches from the tree. Because of this machlokes several Acharonim suggest that if one needs to cut branches from a fruit tree one should endeavour to procure a non-Jew to do the cutting, because the issur of bal tashchis does not apply to a non-Jew.