הערה: הלכות עקירת עצי זית של האויב
הערת הרב אברהם גרוסמן שליט”א לדברי שו”ת חוות יאיר שהובאו כאן:
Concerning cutting down olive trees, within the ruling of the Rambam, RNER points out that only wasteful destruction is forbidden, but for military purposes, it would be permitted to cut them down, without resorting to attempts to create questionable distinctions between milhamot mitzwa and r’shuth. Often Maimonides (and other posqim) will state explicitly which rules apply to which wars and which do not, and when it is unstated, the door is open to interpretations. In this case, he doesn’t say either way. IMHO I would have thought that this law applies even to milhemeth mitzwa, and one that the burden of proof is on the one who holds that it only applies to milhemeth r’shuth, especially if a leniency results. L’ma hadavar domeh? To the new claim that the biblical prohibition on kohanim having more than 30 days’ worth of hair growth doesn’t apply to “langer peios” for some reason. The biblical prohibition is certain, yet the new distinction allowing for the leniency is novel.