Traffic engineers and tree removal
Question
Dear Rabbi Yehuda Halevi Amichai,
I read with great interest the detailed explanation published on this site regarding the issue of “cutting down fruit trees for the sake of a mitzvah.”
I am a civil engineer specializing in transportation, and as part of my training, I work as a traffic planner on various projects across the country.
Many projects involve designing new roads, which often leads to the need to cut down or relocate trees, including fruit trees.
The clients are usually the Ministry of Transportation, Netivei Israel, Netivei Ayalon, local municipalities, or private developers (for residential projects).
When we plan a new road, we as traffic planners don't necessarily have information about which trees — and whether they are fruit trees or not — are located along the road's path.
During the project, an agronomist typically joins and classifies the trees according to their importance. Based on this, decisions are made about which trees will be cut down, which will be relocated, and in rare cases, which trees should be preserved even if they interfere with the road layout.
In smaller projects, an agronomist is not always involved, and sometimes the decision to cut down the trees is made within the project team (of course, after obtaining the necessary permits).
My question is: What is my level of responsibility as a traffic planner regarding this issue?
After all, it is my job to design the road in the best possible way (usually the utility of the road outweighs the importance of preserving the trees).
Of course, we make every effort to preserve existing trees, but in many cases, tree cutting or relocation is necessary — and sometimes these are not national infrastructure projects but smaller ones serving different needs over the years.
It's also important to note that I have no way of knowing whether the tree cutting is done by a non-Jew or a Jew.
I would greatly appreciate a response on this matter, as it concerns me due to my frequent involvement in such issues.
Thank you very much.
Answer
From your letter it is evident that you’ve studied the issue carefully and are a learned individual, though I do not know your name, so I will respond in general terms.
I will also note that I am not familiar with the traffic planning profession but based on your description I will do my best to respond.
The matter at hand is a public one — roads are extremely important for enabling safe travel and public safety in general.
Even during chol hamoed, people travel on roads due to their importance and the need for them to be in good condition.
A road that is in poor condition or is crocked affects not only individual travelers, but endangers the public at large.
Therefore, the goal of traffic planners must be the public good and safety above all else.
This leads us to a broader issue discussed in halachah — extinguishing a burning coal from a tree on Shabbat due to potential public danger.
My teacher, the late Rabbi Shaul Yisraeli z”l (“Internal Security of the State on Shabbat,” Amud HaYemini, §17), writes:
“Anything that concerns public safety or removing harm from the public is considered pikuach nefesh (life-saving), since matters involving public peace and security indirectly relate to pikuach nefesh.”
The Rishonim who disagreed with Rav Hai Gaon (who forbade extinguishing a wooden coal) argued not because they denied the danger, but because they did not consider it serious enough to constitute a public hazard.
Still, they agree in principle that it is permitted to violate Shabbat to prevent potential public harm, even if it doesn’t involve immediate life-threatening danger.
The Shulchan Aruch (OC §334:27) rules that one may extinguish a wooden coal out of concern for public danger (unlike Rambam’s opinion), and the Mishnah Berurah notes this is the practice.
From here we learn the severity of public harm — so much so that even biblical prohibitions may be transgressed to avoid it.
Therefore, road engineers are required to design the safest road for the public, without considering other factors.
It appears that you do not need to know where and what types of trees are located along the route — rather, you should focus on designing the best and safest road for the public.
However, when it comes to implementation, there must be a consideration:
Preferably, remove non-fruit trees first.
If fruit trees must be removed, try to transplant them with their root ball intact (preferred option).
If that’s not possible, the trees should be sold to a non-Jew, who will then uproot them.
As I’ve previously written, there are halachic ways to permit tree removal.
Therefore, your planning is not forbidden, but the implementation team should be informed of the halachic options.
If they wish, they can consult with Torah VeHa'aretz Institute for halachic guidance on tree removal.
Even if the on-the-ground personnel don’t follow halachic guidance, you have not transgressed the prohibition of uprooting fruit trees, since they could have acted according to halachah and you did properly inform them.
The obligation is not yours.
Shabbat Shalom,
Yehuda Halevi Amichai
Torah VeHa'aretz Institute