Under what circumstances may one cut down a fruit-bearing tree?
The Torah in the Book of Devarim (20:19) explicitly forbids cutting down fruit-bearing trees, and thus one who cuts down such a tree transgresses a Biblical prohibition. In addition, the Kaf Ha'chayim (work of Halacha by Rabbi Sofer) writes (Yoreh Dei'a 116, seif kattan 84) that one who transgresses this prohibition exposes himself to a number of grave dangers.
This prohibition is, however, subject to several conditions. Firstly, if the presence of a fruit-bearing tree in an orchard causes harm to more expensive trees in the area, such as if its roots drain the supply of nutrients in the soil, one may cut down that tree in order to save the surrounding trees (Kaf Hachayim ibid). Additionally, the Rosh (Rabbi Asher Ben Yechiel, Germany-Spain, 1250-1327) wrote that it is permissible to cut down a tree if one needs the space. The Chid"a (Rabbi Chayim Yosef David Azulai, Israel, 1724-1806), in his work of responsa Chayim Sha'al (volume 1, siman 22), explains this ruling to mean that one may cut down a tree if he needs the space for a vital need such as constructing a house on that site. But if, for example, a tree merely obstructs the sunlight, one may not cut down the tree in order to add sunlight. Instead, the Chid"a advises that the individual trim the branches from time to time to diminish the extent of the obstruction. By the same token, it would be forbidden to cut down a fruit-bearing tree for the purpose of adding an extension to one's home, or to build a pool or tennis court. (See Kaf Hachayim, seif kattan 85.)
Furthermore, even when one wishes to cut down a tree for the purpose of building a home on that site, the Chid"a writes that one should preferably summon a gentile to cut down the tree, rather than cut it down himself, in order to satisfy all views.
If one wishes to cut down a fruit-bearing tree for a non-essential purpose, such as those described above, he has the option of cutting down the tree and replanting it somewhere else. Halacha allows cutting down a tree and replanting it elsewhere, since this does not involve the destruction of the tree. (See Kaf Hachayim, seif kattan 86.)
Summary: One may not cut down a fruit-bearing tree unless it is causing harm to surrounding trees, or if one needs the territory for an essential purpose, such as building a home. When one requires the removal of a tree for the purpose of building a home, he should preferably summon a non-Jewish gardener to destroy the tree, rather than do so himself. If one needs the space for a non-essential purpose, such as adding an extension or building a pool or tennis court, he may not cut down the tree unless it will be replanted somewhere else.
