Thursday, August 20, 2015

So Whats the Answer ?

The majority of responses explaining the Taz who writes that it was Chazal who forbade cutting down fruit trees because of Sakanah" that he was referring to when the benefit is more than the loss of the tree. In such cases Min Hatorah one may cut down the tree. On this The Taz writes"Chazal forbade even in such cases because of Sakana".
Although some Achronim use this same answer, it is difficult to accept as Pshat in the Taz for two reasons.
a.       Chazal never forbade to cut down trees in cases where the benefit is more than the
loss. It is true , R.Yehuda Hachasid does forbid to do so and many accept his ruling
but Miderabanan it is totally allowed. The Loshon of the Taz is “Chazal Osru”
b.      The Taz just two lines down writes, he personally allowed someone to cut down trees that had lots of fruits on them so that the person can build a home there.

Re the question why this Halacha doesn't appear in Shulchan Aruch. We do find many Halachos the S.A. doesn't discuss In Hl.Shabbos there are 6 Avos Melochos not mentioned.  There is no Hilchos Loshon Hora. in S.A. There are probably many more Halachos missing. Each one of them needs a reason why the Tur didn't mention.them.

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