Photo Credit: Jewish Press

As to the question on the other Rishonim we can extend the answer of the Chasam Sofer, namely that since when one is cutting the tree he is under the impression that it is not a fruit-bearing tree, it is therefore not an act of hashchasah (destruction) and so one might have thought that in this scenario one could say safek de’oraisa likulah. Therefore the Torah had to write that one may not cut down a tree unless he is certain that it is not fruit bearing.

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Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.
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