Q: While renovating my property, may I break a hole in my neighbor’s fence without his permission, with intention to repair it or pay for its repair later?

A: The Shulchan Aruch writes: “It is forbidden to damage another’s property (C.M. 378:1).” Some consider damage a form of theft. Just as one may not steal with the intention to repay (348:1; 359:2), one may not damage with the  intention to repay. Some even view a person who intentionally damages as wicked and disqualified from giving testimony.

Others derive the prohibition to damage from the obligation to return lost items. If we are required to protect another’s property and return it to him, all the more so (kal v’chomer) we may not damage it (see Pischei Choshen, Nezikin 1:[1]).

Furthermore, it is prohibited to wantonly damage or destroy even one’s own property. This is included in the prohibition of bal tashchis (“do not destroy”). However, if done for a purpose or need, this is permissible (P.C., Nezikin 1:2-3).

Cutting down fruit-bearing trees unnecessarily involves a clear violation of bal tashchis and a potential danger. It is permissible only in certain circumstances; a Rav should be consulted (Pischei Teshuvah, Y.D. 116:6).