Uprooting trees causing damage or that are ill
Question
1) In my home garden, there are two small palms that were self-seeding (I didn't plant them intentionally) that sprouted near the tiles, and they are a nuisance.
2) Elsewhere in the garden, there is a white mulberry tree that seems to not be in good condition, and I'd like to move it elsewhere or uproot it altogether (it currently is not producing fruit; when it does, the fruit is infested.
3) I have a golden rain tree (not a fruit tree) that doesn't look good. Is it permissible to uproot it?
Answer
The two scenarios that allow for uprooting fruit trees are as follows:
(1) the tree is causing damage or is a nuisance,
(2) the tree is sick and is incurable.
The practical ramifications are as follows:
(1) If the palms are harming the porch or to an existing structure, it is permissible to uproot them. If it is merely for convenience, it is forbidden.
(2) Your definition of trees that "don't look good" is very vague and unclear and can't be measured. Please send me a detailed description and attach several pictures.
(3) From a halachic perspective, it's less of an issue to uproot non-fruit bearing trees, since the Torah did not explicitly forbid doing so. However, it is problematic due to the bal tashchit prohibition, according to the Semag. For this reason, I suggest that you also send me a detailed e-mail and we'll rule on the various trees in question.