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Overhanging Branches

Original publication date:

Yossi from Har Nof asks:

I was walking home the other night when my hat was suddenly whisked off my head by an overhanging branch. I looked up and discovered that the neighbour's flowering bush had grown into the street. Is it permitted to cut off the protruding branch?

Pruning trees is forbidden during the sh'mittah year. According to most opinions, this applies even if the tree is not fruit bearing and one's intention is only to maintain its shape. It is certainly forbidden to prune such trees and bushes if the purpose of such work is to promote future growth. However, if overhanging or protruding branches are blocking a path, especially a public path, one may (and should) cut them off. The cutting should be limited to those branches which are in the way. One should also not have the good of the tree in mind while performing the work. Since this is not the usual way of pruning trees, no change need be made in the method of cutting off the offending branches. (By the way, the owner of the tree or bush is responsible for removing the obstruction and any cost involved!)

  Contact Rabbi Yoel Moore via Emaill

MDShmita is written by Rabbi Yoel Moore
Layout & Design: Lev Seltzer
Rabbi Yona Vogel, Rosh Yeshiva, Machon Daniel

 

 

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  Last modified: October 17, 2009