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Intermediate Plant Classification as Vegetables or Trees

Intermediate Plant Classification as Vegetables or Trees

While most plants fall into neat categories as trees or vegetables, some are on the seam and have characteristics of both. This chart classifies such intermediate plants, which has bearing on the laws of orlah, berachot and kila’im. Hilchot Ha'aretz, 133.

Rabbi Yoel Friedemann

Fruit/Vegetable

Scientific Name

Halachic Class

Reason

Artichoke

Cynara cardunculus

Vegetable

Grows back from the root.

Babaco

Carica
pentagona

Doubt whether
fruit or vegetable.[1]

Perennial with a hollow trunk;
bears fruit within a year.

Banana

Musa

Vegetable

Grows back from the root.

Blackberry

Rubus eubatus
and Rubus sanctum

Vegetable

Grows back from the root.

Blueberry

Vaccinium sect. Cyanococcus

Tree

Perennial

Boysenberry

Rubus ursinus x
R. idaeus

Vegetable

Hybrid between European raspberry, European blackberry, American dewberry, and loganberry.

Cranberry

Vaccinium oxycoccus

Doubt whether fruit or vegetable.

Perennial but grows back from the root. Does not bear fruit within a year, but is shorter than 3 tefachim.

Eggplant

Solanum melongena

Vegetable

Does not last for three years;
yield decreases.

Goji berry

Lycium barbarum and Lycium chinense

Doubt whether fruit or vegetable

Perennial but bears fruit within a year.

Golden berry
(Cape gooseberry,  Inca berry, Physalis)

Physalis
peruviana

Doubt whether
fruit or vegetable

Perennial but bears fruit within a year.

Hot pepper
(Chili pepper)

Capsicum annuum

Vegetable

Does not last for three years;
yield decreases.

Loganberry

Rubus loganobaccus

Vegetable

Hybrid between blackberry and raspberry.

Mint

Mentha

Vegetable

Grows back from the root.[2]

Monk fruit
(Luo han guo)

Siraitia
grosvenorii

Doubt whether
fruit or vegetable

Perennial but bears fruit within a year.

Papaya

Carica papaya

Doubt whether
fruit or vegetable

Perennial with a hollow trunk; 
bears fruit within a year.

Passionfruit

Passiflora edulis

Doubt whether
fruit or vegetable[3]

Perennial but bears fruit within a year.

Pineapples

Ananas comosus

Vegetable

Grows back from the base of the plant and sometimes from the trunk, produces fruit in its second year, exists for three to four years abroad (Hawaii), and diminishes in quality and quantity from year to year.[4]

Pitahaya
(Dragon fruit)

Hylocereus undatus

Fruit

Perennial

Raspberry

Rubus idaeus

Vegetable

Grows back from the root.

Sabra
(Prickly pear)

Opuntia ficus-indica

Tree

Perennial

Strawberry

Fragaria × ananassa

Vegetable

Grows back from the root.

Sudanese pepper

See note[5]

Doubt whether
fruit or vegetable

Perennial but bears fruit within a year.

Tayberry

Rubus fruticosus x R. idaeus

Vegetable

Hybrid between raspberry and blackberry.

Tree collard, (Collard, Tree kale, Walking stick collard)

Brassica oleracea

Vegetable

Can be perennial and can grow tall, yet mentioned in the Gemara as a vegetable.

See: Orlah, Chapter 3a: What is a tree?

For additional information, see Hilchot Ha'aretz (Heb.), pp. 130–132. Also see the comprehensive article by Rabbi Yoel Friedemann "Defining trees and vegetables in halacha" in Hatorah VeHa'aretz III (5757) (Heb.); and his dissertation, "The development of the definition of trees and vegetables from Tana'itic literature through 17th-century halachic decisors" Tevet 5766, master's thesis for the Department of Talmud and Oral Law, Bar Ilan University (Heb.).

 

[1] In cases of doubt, one should make the blessing borei peri ha'adamah, since bedi'avad this blessing covers fruit that grows on trees (as trees grow in the ground; Shulchan Aruch, OC §206:1).

[2] The orlah prohibition does not apply to herbs. See Chapter 1 §F.‎5.

[3] When planting passionfruit as a living fence, even those who are stringent about orlah may eat the fruit, even if the secondary purpose is to partake in the fruit. See Chapter 4, §A.‎3.

[4] Chelkat HaSadeh, Zera’im I (5759) pp. 72–74 (Heb.).

[5] Sudanese pepper (pilpel sudani, as it is known in Hebrew), is not a scientific genus but rather the popular moniker in Israel for certain types of local hot peppers (generally sold as dry hot red peppers). Other commercially sold hot peppers significantly decrease in quality and quantity of yield from year to year. However, certain cultivars of hot pepper ("sudani") are used in domestic settings, some as decorative plants, and their yield is consistent and does not diminish from year to year. In such cases, the plant has questionable status.