II. The Tree
1. ANY SPECIES OF TREE IS KOSHER FOR USE AS A XMAS TREE, PROVIDED THAT
IT HAS NEEDLES AND NOT LEAVES. IN OUR LANDS IT IS CUSTOMARY TO USE A FIR
TREE.(7) IT SHOULD BE REASONABLY FRESH, BUT NOT TOO FRESH, IN ACCORDANCE
WITH THE PRINCIPLE "A XMAS TREE WITH NO FALLEN NEEDLES IS LIKE A SUKKAH
WITH NO BUZZING BEES."
(7) If the lady of the house already has a fur, then any evergreen may
be used.
2. THE TREE SHOULD BE CHOPPED DOWN SPECIFICALLY FOR USE AS A XMAS TREE;
IF IT HAD BEEN CUT FOR LUMBER IT IS INVALID. IF THE TREE WAS CUT FOR
GENERAL DECORATIVE PURPOSES, BUT NOT SPECIFICALLY AS A XMAS TREE, SOME
AUTHORITIES ALLOW IT WHILE OTHERS ARE STRICT. A STOLEN TREE IS NOT VALID
FOR THE MITZVAH.(8) FORTUNATE IS ONE WHO IS ABLE TO CHOP HIS OWN TREE
HIMSELF.(9)
(8) One who cuts his own tree must make sure that he has permission from
the landowner to do so. Ideally, cut only from one's own backyard. A
tree taken from a reshus harabim, such as the county park (which is
actually a carmelis, not a reshus harabim,) is considered as stolen and
pasul.
(9) One who is unable to cut his own tree should make sure to purchase
it from a reputable dealer, or one who is certified by a national
kashrus organization.
3. DURING THE SHMITTA YEAR, A JEW MAY NOT CUT THE TREE DOWN, BUT IT
SHOULD BE DONE BY A GENTILE. HOWEVER, SINCE THE TREE IS INEDIBLE, THE
PROBLEMS OF "KEDUSHAS SHVIIS" WHICH APPLY TO THE ESROG DO NOT APPLY TO
THE XMAS TREE.
4. THE TREE MUST BE BRIGHT GREEN. BRIGHT RED, OR A MIXTURE OF GREEN AND
RED, IS ALSO ACCEPTABLE FOR A XMAS TREE(10), BUT BROWN IS NOT. THERE MAY
BE ONE BROWN SPOT NEAR THE BOTTOM OF THE TREE,(11) BUT IN THE TOP HALF
OF THE TREE, EVEN ONE BROWN SPOT WILL PASSUL THE TREE. A TRULY PIOUS
PERSON WILL MAKE SURE TO BRING ALONG A XMAS TREE EXPERT WHEN HE GOES TO
LOOK FOR HIS TREE.(12)
(10) Because such trees do not grow red naturally, many Sefaradim adorn
the tree with red poinsettia flowers. Ashkenazim prefer poinsettas.
(11) Or even two, provided they are on opposite sides so they cannot be
both seen at the same time.
(12) But it is more macho to pretend to be an expert and pick the tree
out himself.
5. THE REQUIRED HEIGHT OF THE TREE IS SUBJECT TO MANY RULES. AN INDOOR
TREE MUST BE TALL ENOUGH SO THAT IT REACHES WITHIN 3 TEFACHIM OF THE
CEILING.(13) AN OUTDOOR TREE MUST BE AT LEAST 20 AMOS TALL.
(13) Where local fire codes prohibit the use of such large trees, a
smaller tree - even a bonsai - may be used, provided it has toy people
around it who will make it appear tall.
6. THE LAW IS "ETZ ISH U'BEITO" - ONE TREE FOR A MAN AND HIS HOME. THIS
TEACHES THAT INDIVIDUALS MUST HAVE A XMAS TREE AT THEIR HOME, AND THAT
THE MAIN FUNCTION OF THE TREE IS FOR THE BENEFIT OF THE FAMILY, BUT
PUBLIC PLACES ARE EXEMPT. IF ONE WISHES TO PLACE HIS PERSONAL TREE IN A
PUBLIC LOCATION HE MAY DO SO, BUT HE WILL NOT HAVE FULFILLED HIS
OBLIGATION UNLESS IT IS TRULY SEEN BY THE PUBLIC. IN THIS CASE, "SEEN BY
THE PUBLIC" MEANS THAT THE TREE IS LARGE ENOUGH THAT IT IS SHOWN ON THE
LOCAL TV NEWS REPORTS.(14)
(14) This is the origin of the custom of the great tree in Rockefeller
Center, where a shaliach from Lubavitch lights the tree just before
sunset on Erev Xmas, and is then returned to Crown Heights by an NYPD
helicopter in time for the dinner meal.
7. IN RECENT YEARS, THERE HAS BEEN A GREAT CONTROVERSY OVER THE USE OF
MANUFACTURED TREES. L'HALACHA, SOME HOLD THEY ARE PASUL,(15) WHILE OTHER
AUTHORITIES HOLD THEY ARE VALID.(16) L'MAASEH, HOWEVER, EVEN THE
LENIENT OPINIONS HOLD THAT ARTIFICIAL TREES ARE TOO TACKY, AND THUS
VIOLATE THE PRINCIPLE OF "HADAR". BUT IF ONE HAS ALREADY MET HIS OBLIGATION BY DISPLAYING AT LEAST ONE KOSHER XMAS TREE, HE MAY HAVE ADDITIONAL TREES
OF ANY KIND, NATURAL OR NOT.(17)
(15) Based on the pasuk "Etz chayim hee" ("A tree is alive"), teaching
that even if it looks like a tree, it still cannot be a tree unless it
was alive at some point.
(16) Based on the pasuk "Etz chayim hee" ("It is a tree of life"),
teaching that some trees have life, and others do not necessarily have
life.
(17) Similarly, manufactured trees are acceptable in malls, offices, and
other exempt public places.
8. ORIGINALLY, THE LAW WAS THAT THE TREE MUST BE DISPLAYED SO THAT IT
WOULD BE VISIBLE TO PASSERS-BY OUTSIDE THE HOME. OVER THE CENTURIES, AS
PERSECUTIONS INCREASED, THE PEOPLE INSIDE THE HOME BECAME THE MAIN
AUDIENCE. EVEN SO, IT SHOULD BE DISPLAYED IN A PROMINENT AREA OF THE
HOUSE, TO SHOW RESPECT FOR THIS MITZVAH. WHEN POSSIBLE, IT SHOULD
PREFERABLY BE BY A WINDOW WHERE IT COULD BE VIEWED FROM THE STREET, TO
CONTINUE THE ORIGINAL PRACTICE.
