Orlah 101
Orlah. A major prohibition that applies to fruit before trees complete three years of growth. A unique mitzva tied to the Land of Israel, since it also applies abroad. This comprehensive alphabetical guide covers diverse orlah-related topics, including how orlah years are calculated and when the prohibition applies.
The Prohibition of Orlah
"וְכִי תָבֹאוּ אֶל הָאָרֶץ וּנְטַעְתֶּם כָּל עֵץ מַאֲכָל, וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ. שָׁלֹשׁ שָׁנִים יִהְיֶה לָכֶם עֲרֵלִים, לֹא יֵאָכֵל"
“When you enter the Land and plant any tree for food, you shall regard its fruit as forbidden. Three years it will be forbidden to you; it shall not be eaten” (Levit. 19:23).
The Torah prohibits eating and benefiting from the fruit of trees within the first three years that the tree was planted. This rule applies whether a Jew or non-Jew planted the tree. It is only forbidden to eat or derive benefit from the fruit; one can make use of the trunk and leaves for any purpose.
The prohibition of orlah applies in the Land of Israel and abroad, albeit with some differences between the degrees of stringency. Within the Land of Israel, orlah is a Biblical prohibition, while abroad, the prohibition is a halacha leMoshe miSinai. Outside of the Land of Israel, we are lenient in that we only abstain from definite cases of orlah; in cases of doubt, the fruit is permitted for consumption and benefit, since the halacha leMoshe miSinai mandates that “when orlah status is in doubt outside of the Land of Israel, it is permitted.”
Neta Revay: Fruit of the Fourth Year
" 'וּבַשָּׁנָה הָרְבִיעִת יִהְיֶה כָּל פִּרְיוֹ קֹדֶשׁ הִלּוּלִים לַה"
“And in the fourth year, all its fruit shall be holy, for giving praise unto Hashem” (Levit. 19:24).
The fruit of the fourth year since a tree was planted is permissible for consumption, but they have a sacred status, just like ma’aser sheni fruit. This fruit, called neta revay (lit. “fourth year sapling”), may be consumed only in Jerusalem in a state of purity when the Beit Hamikdash is standing. The sanctity of this fruit can also be transferred to a coin, whereas the coin becomes sacred and the fruit lose this sacred status and are rendered permissible for consumption and benefit in all places, even in a state of ritual impurity. In the times of the Beit Hamikdash, one could buy food with this money in Jerusalem, and eat it in a state of ritual purity within the holy city.
Fruit of the Fifth Year
"וּבַשָּׁנָה הַחֲמִישִׁת תֹּאכְלוּ אֶת פִּרְיוֹ לְהוֹסִיף לָכֶם תְּבוּאָתוֹ"
“And only in the fifth year may you use its fruit, that its yield to you may be increased” (Levit. 19:25).
Fruit of the fifth year and on, since a tree was planted, are peirot chullin, fruit of non-sacred status, and are permissible for consumption and benefit in all places both for the ritually pure and impure. Before doing so, however, one must first set aside teruma and ma’aser: (1) a little bit of teruma for the Kohen and a bit more for terumat ma’aser also for the Kohen (today; in Temple times, the Levite would set this aside), (2) one tenth of the produce as ma’aser rishon for the Levite, and (3) another tenth some years as ma’aser sheni, which is eaten in Jerusalem in a state of purity, and on other years as ma’aser ani, given to the poor.
orlah-related topics
Alim (עלים). Leaves. The leaves of a tree or grapevine, such as grape leaves, even if they are soft and edible, are not subject to the prohibition of orlah, since the Torah forbids “piryo,” “its fruit,” and not the tree or vine it grows on (which the leaves are considered a part of).
Alim and lulavim (עלים ולולבים). Leaves and palm fronds; parts of the tree not included in the prohibition of orlah. Leaves of trees of grapevines, such as grape leaves, and grape branches even when soft and edible; and also the lulav from the date palm are not subject to the prohibition of orlah. This is because the Torah forbids “piryo,” “its fruit,” and not the tree or vine it grows on.
Anaqoqalot (ענקוקלות). Defective grapes. The Jerusalem Talmud explains that this word is an acronym: ענבים שלקו תלת, that is, grapes that went bad before they ripened. Anaqoqalot are subject to orlah laws, since they too are considered fruit.
Atzitz (עציץ). Plant pot. Orlah as it applies to trees growing in plant pots. In this regard, there is a difference whether the pot is perforated (Atzitz nakuv) or not (atzitz she-eino nakuv). For a pot to be considered perforated, the perforation must accommodate a small root, which is smaller than the size of an olive. Contemporary poskim define the minimum radius as 2.5 cm. Trees planted in unperforated pots, on the other hand, are not subject to orlah laws from the Torah since they do not derive their nourishment directly from the ground. They are subject to these laws, though, miderabanan.
Banana (בננה). Even though banana trees look like trees, they are considered vegetables and bananas are exempt from orlah. Since the banana leaves sprout from the root and not from a branch, this is a sign that bananas are vegetables and not fruit. Moreover, the “trunk” of banana trees does not harden over time; it is actually a pseudostem that dies and rots, so it is not considered a tree trunk.
Boser (בוסר). Unripe fruit. Unripe fruit is also subject to the laws of orlah. This is derived from the fact that the Torah uses “piryo” "its fruit" twice, which the Sages understand to include unripe fruit.
Chanata (חנטה). Blooming. The stage of a fruit’s development that determines its relation to the orlah and neta revay years. Blooming is the initial stage in the development of the fruit, when the fruit is still small. For example, when etrogs and lemons bloom they are the size of an olive. See Tu BiShevat.
Chartzanim (חרצנים). The pit of the fruit, such as a date and peach. Pits are subject to orlah laws, and when the fruit is forbidden so are the pits, whether or not they are edible. The Sages derive that the secondary parts of the fruit are also forbidden from the plural terminology used in the verse “וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ” “you shall regard its fruit as forbidden.” See Tafel la-piryo.
Chatzil (חציל) Eggplant. Eggplant is not subject to the laws of orlah, despite the fact that it grows on a perennial shrub. Eggplants are considered vegetables for three reasons: (1) the plant bears fruit within a year since it is planted (2) the quality of its produce degrades over time, while the quality of fruit from trees is enhanced over time (3) the plant dies before its third year.
Chazirim - surim (חזירים - סורים). Suckers (basal shoots, water sprouts, root sprouts, adventitious shoots). Young shoots that grow from the base of an old tree. The halachic question is if these suckers are included in the older tree’s orlah year calculation, or if a new calculation is required. If a sucker diverges from the trunk above the ground, it is considered a חוטר (choter, shoot/descendant), and its fruit is permitted. However, if it diverges from the tree from under the ground, it is considered a נצר (netzer, shoot/scion), and a new orlah year calculation is in order.
Chomesh (חומש). One-fifth. The amount of one-fifth added to the fruit when redeeming it. Whoever redeems one’s fruit of neta revay status must add a fifth of the fruit’s value, as it states: “וכי יגאל איש ממעשרו, חמישיתו יוסף עליו” “If anyone wishes to redeem any of his tithes, he must add one-fifth to them” (Levit. 27:36). This fifth is calculated in addition to the fruit. That is, it is actually 25% of the fruit’s value, so that in total one gives 1.25 of the value of the original fruit. Hence, the word “חמישיתו" is understood as the value of the fruit plus the chomesh, together being five parts (each part being one-fifth).
Chutz la’aretz (חוץ לארץ). Outside the Land of Israel. Although it is stated in the Torah, “וְכִי תָבֹאוּ אֶל הָאָרֶץ” “When you come to the Land,” implying the Land of Israel; the laws of orlah apply outside the Land of Israel as well. Outside the Land of Israel, the injunction is based on a halacha leMoshe miSiani. There are leniencies about orlah abroad; namely, the prohibition is only when the fruit is definitely orlah. In instances of doubt, however, the fruit would be permitted. This is because the halacha leMoshe miSinai stipulates that when there is a doubt about orlah status outside the Land of Israel, the fruit is permissible.
Compost (קומפוסט). The fertilizer that is created by fruit peels vis-à-vis orlah. It is prohibited to derive benefit from orlah fruit. It follows that one may not use them for compost, even though when the fruit is completely rotten, since this falls under the category of forbidden benefit.
Echad mi-matayim אחד ממאתיים) 1:200). The ratio in which a forbidden fruit of orlah status is nullified. An orlah fruit that mixed in with permitted fruit is not nullified in a majority and not even in a ratio of 1:60. Only in a ratio of 1 forbidden orlah fruit to 200 permitted fruits will the entire fruit mixture be permissible for consumption and benefit.
Eitz ma’achal (עץ מאכל). A tree that bears fruit fit for human consumption. Orlah applies to such trees, as the verse states: “וּנְטַעְתֶּם כָּל עֵץ מַאֲכָל” “and plant any tree for food.” In contrast, orlah does not apply to trees that do not bear edible fruit, even if they can be used for beauty.
Eitz serak (עץ סרק). A tree that does not produce edible fruit. The Torah’s injunction against orlah applies only to trees with edible fruit. Fruit of such trees are not subject to orlah, and can be used for perfume or medicine.
Etrog (אתרוג). The prohibition of orlah applies even to the fruit of an etrog tree planted with the specific intent of use for the arba minim (four species) on Sukkot, and not for consumption. Even fruit needed for a mitzvah are subject to the laws of orlah.
Etrog shel mitzvah (אתרוג של מצווה). An etrog tree cultivated to produce etrogim to fulfill a mitzvah. A tree planted with this intent, such as an etrog tree or date palm (for the lulav) planted for use in the arba minim (four species) on Sukkot, or an olive tree planted with the intent that its oil be used for the Beit Hamikdash or for Chanukah. The reason for including such fruit in this prohibition is the understanding derived from the verse: “יִהְיֶה לָכֶם עֲרֵלִים,” “will be forbidden to you” (Levit. 19:23) to include even trees planted to fulfill a mitzvah.
Geza (גזע). Trunk. The obligation of orlah for a tree that was chopped down. A tree whose trunk was chopped down and grew again is exempt from orlah laws according to one opinion, provided that at least a tefach of trunk remained above the ground (due to marit ayin). According to another opinion, even when less than a tefach of the original trunk remains above ground, it is exempt from orlah laws, as long as some of the trunk remains above the ground.
Gimum (גימום). Pitting. The obligation of orlah for a tree that was chopped down. A tree whose trunk was chopped down and grew again is exempt from orlah laws according to one opinion, provided that at least a tefach of trunk remained above the ground (due to marit ayin). According to another opinion, even when less than a tefach of the original trunk remains above ground, it is exempt from orlah laws, as long as some of the trunk remains above the ground.
Gush (גוש). A clod of soil. A tree uprooted from the ground together with its clod of soil in relation to the laws of orlah. A tree uprooted with its clod of soil need not start the orlah count again when it is replanted, even if new soil is added upon replanting. This is provided that the tree can survive even without the new soil. The poskim disagree as to how long the tree would need to survive, but the practical halacha is that the tree would need to survive for at least two weeks with the original clod of earth.
Ha’avarat shetilim mi-mishtala (העברת שתילים ממשתלה). Saplings transferred from a nursery to be planted in the ground. In such cases, at times the orlah year count starts over from the time the sapling is replanted, while in other instances, the years the sapling was in the nursery also count for orlah years. Several halachic conditions must be met, such as that the sapling was planted in a perforated plant pot.
Hadas (הדס). Myrtle. The application of orlah to the myrtle and its fruit. Myrtle branches and leaves are permitted for use during the first three years of planting, since the orlah prohibition applies to fruit trees considered ilan ma’achal, and the hadas is not eaten. Furthermore, even in such fruit trees, the orlah prohibition applies only to the fruit, and not to the tree or leaves. The poskim disagree whether or not the laws of orlah apply to the myrtle’s fruit.
Harkava (הרכבה). Grafting. A horticulture technique where a young tree shoot is connected to a trunk of another tree. The trunk is called the kana, or stock (also rootstock), while the shoot is called the rochev, scion. When the stock has already passed its orlah years, its new fruit is not subject to a new orlah year count, since the main part of the tree is the stock. However, if the scion is from an older tree and the stock is a young sapling, the rules of orlah would apply to the fruit.
Harkavat rosh (הרכבת ראש). Top grafting (or top working). A standard grafting technique. In the case of top grafting, the stock is what determines the orlah count. If the stock is more than three years old, the orlah year need not be recounted for the scion. See Harkava.
Harkavat temech (הרכבת תמך). Inarching. A standard grafting technique. Inarching is used generally when the trunk of a tree is weekend, following an illness or erosion. A sapling is planted adjacent to the older tree, and its uppermost branch is inserted under the bark of the older tree. After time, the young sapling with fuse with the tree trunk, becoming the main portion of the trunk. Unlike in the case of top grafting, when inarching, the poskim deliberate whether the determining factor is the older or younger tree.
Havracha (הברכה). Layering. Burying a branch or grapevine birch in the ground. When fruit comes from this layered branch (or birch), orlah will not apply as long as the said branch is connected to the original tree or vine. However, when the layered item is disconnected from the original tree, the orlah year is calculated starting from the time it was disconnected from the tree of origin.
Ilan ma’achal (אילן מאכל). A tree that bears fruit fit for human consumption. The prohibition of orlah applies only to such trees, as the Torah states: “וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ” “you shall regard its fruit as forbidden” (Levit. 19:23). The prohibition of orlah does not apply to trees bearing fruit not fit for human consumption.
Ilan she-ne’ekar venishtayer bo shoresh (אילן שנעקר ונשתייר בו שורש). A tree that is mostly uprooted, and a small part of it is still rooted to the ground. When a tree is uprooted from the ground and replanted, at times the orlah count starts afresh, and at others it does not. If a tree is not completely uprooted and even a small part of it remains rooted to the ground, there is no need to restart the orlah count. See Kemachat shel mitun.
Ilan she-ne’ekar vehasela imo (אילן שנעקר והסלע עמו). A tree uprooted from the ground together with a clod of earth that completely encompasses its roots. This tree could be uprooted by the wind or by a strong current. If replanting the tree, one assesses the amount of time it can survive as is. If it can survive with the clod of earth it was uprooted with, there is no need to start the orlah count over again. If not, then the orlah count starts again. See Shi’ur she-yachol lichyot.
Ilan she-niktzatz vechazar vegadal me-hashoresh (אילן שנקצץ וחזר וגדל מהשורש). A tree chopped off of its trunk that grows again from the root. A tree whose trunk was chopped and began to grow again is exempt from the laws of orlah, according to one opinion, providing that the trunk protrudes at least a tefach above the ground (due to marit ayin). According to another opinion, this tree would be exempt even when there is less than a tefach above ground level, providing that at least some of the trunk remains above the ground.
Ilan she-shetafo nahar (אילן ששטפו נהר). A tree uprooted by a river. A tree uprooted from the ground together with a clod of earth that completely encompasses its roots; this tree could be uprooted by the wind or by a strong current. If replanting the tree, one assesses the amount of time it can survive as is. If it can survive with the clod of earth it was uprooted with, there is no need to start the orlah count over again. If not, then the orlah count starts again. See Shi’ur she-yachol lichyot.
Ilan she-zi’azato hamachreisha(אילן שזעזעתו המחרשה). A tree uprooted (lit. “agitated”) by a plow. When preparing to replant a tree that was uprooted by either a plow or a person and its roots were unearthed, its ability to survive is estimated. If the tree can survive with the clod of earth that was uprooted with it, the orlah year count does not start again; if not, the orlah count would start again. See Shi’ur she-yachol lichyot.
Isur orlah (איסור ערלה). The prohibition of orlah. The Torah prohibits eating and benefiting from the fruit of trees within the first three years that the tree was planted, as it states:
“וְכִי תָבֹאוּ אֶל הָאָרֶץ וּנְטַעְתֶּם כָּל עֵץ מַאֲכָל וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ שָׁלֹשׁ שָׁנִים יִהְיֶה לָכֶם עֲרֵלִים לֹא יֵאָכֵל.” “When you enter the Land and plant any tree for food, you shall regard its fruit as forbidden. Three years it will be forbidden to you; it shall not be eaten” (Levit. 19:23). Besides eating and deriving benefit, it is also prohibited to sell these fruit even to a non-Jew, since this would be considered a monetary benefit. The injunction against orlah applies both inside and outside of the Land of Israel, albeit with differences in the level of stringency.
Kana (כנה). Stock (or rootstock). The tree used as the basis for grafting. The stock is generally a strong and hearty tree onto which a scion is grafted. When top grafting, the stock is the determining factor for orlah laws; so if it has already passed its orlah years, one need not recount orlah years for the scion. See Harkava.
Kelipot egozim (קליפות אגוזים). Nut shells. An inedible part of the fruit that is nevertheless subject to the prohibition of orlah. This is because the shell preserves the fruit, and any such substance is subject to the orlah prohibition. This is derived from the plural terminology “piryo” used in the verse, “וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ” “you shall regard its fruit as forbidden” (Levit. 19:23).
Kelipot rimon ve-henetz shelo (קליפות רימון והנץ שלו). Pomegranate peel and its calyx, or crown. These parts of the fruit can be used as raw materials for dyeing. Pomegranate husk and its calyx are subject to the prohibition of orlah since they preserve the fruit. This is derived from the plural terminology “piryo” used in the verse, “וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ” “you shall regard its fruit as forbidden” (Levit. 19:23). Since these parts can be used for dyeing, this would be considered a forbidden benefit.
Kelita (קליטה). The time it takes for the seed of a fruit or root not encapsulated by soil to be absorbed into the ground. The halachic implications of this time period are significant when calculating the tree’s orlah years. This amount of time is subject to a Tana’itic dispute; in practice, this is a two-week period.
Kemachat shel mitun, kemachat shel mitu’ach (כמחט של מיתון, כמחט של מיתוח). Like a stretching pin. The minimum size a root needs to be to define a tree as rooted to the ground. When a tree is uprooted but a small root, even the size of a stretching pin used to hold onto fabric when weaving, the tree is considered rooted. This is because if a tree is connected to the soil even by the smallest of roots, it can still survive.
Kenei sukar (קני סוכר). Sugar Cane. The question of orlah vis-à-vis sugar cane. Sugar produced by sugar cane is not subject to the prohibition of orlah, since some hold that sugar cane is not considered a tree. Even those who do hold that it is a tree exempt sugar, since it is excreted from the reeds, and considered a part of the tree and not fruit.
Kerem revay (כרם רבעי). Fruit of the vineyard in its fourth year. There are Tana’im who hold that the rules of revay apply to the vineyard only and not to other fruit. According to this opinion, it is only grapes in their fourth year that one eats in Jerusalem or redeems on a coin; other fruit would be immediately permitted after their orlah years have been complete. Some poskim believe that even according to these Tana’im, neta revay applies to other fruit miderabanan.
Matza menutak (מצע מנותק). A platform disconnected from the ground (hydroponics). The standard agricultural method for growing saplings in what is halachically considered an “unperforated plant pot.” When a pot placed on a plastic sheet, the sheet is considered an obstruction that separates the sapling from the ground, giving the pot the status of an unperforated pot. The laws of orlah apply to saplings in unperforated pots are of rabbinic nature. See Atzitz. If a sapling is transferred from such a platform and planted in the ground, the orlah count starts over again.
Mechubar lakarka (מחובר לקרקע). Attached to the ground. The application of orlah in a plant pot raised from the ground. At times, trees that grow in pots are considered as if they grow in the ground, and are subject to the laws of orlah, even if they are not directly placed on the ground and are above it. This is the case when the pot is perforated and there is no obstruction between the perforation and the soil. See Atzitz.
Mei gefanim (מי גפנים). Liquid given off by grape vines when they are pruned. This liquid is not subject to the laws of orlah, since they are considered a part of the vine. Torah prohibited only “piryo,” the fruit, but not the tree or its parts.
Mem-daled yom kodem Rosh Hashanah (מ"ד יום קודם ראש השנה). Forty-four days prior to Rosh Hashanah, the cut-off date for calculation of the first orlah year. If a sapling or seed is planted by 15 Av (Tu Be’Av), by Rosh Hashanah, its first orlah year is considered to have been completed. This is because it takes 14 days for saplings and seeds to take root and be absorbed into the soil, so the month before Rosh Hashanah counts as the first year.
Mishtala (משתלה). A nursery; a place saplings are grown. In order to include the years a sapling grew in a nursery in its orlah year count, the saplings must be considered attached to the ground. They should be in a perforated plant pot and not placed on a plastic sheet. See Yeriyot plastic.
Neta revay (נטע רבעי). Planting of the fourth year; a fruit of a tree that is in its fourth year since planting. Neta revay is sacred, as the Torah states: “ 'וּבַשָּׁנָה הָרְבִיעִת יִהְיֶה כָּל פִּרְיוֹ קֹדֶשׁ הִלּוּלִים לַה” “And in the fourth year, all its fruit shall be holy, for giving praise unto Hashem” (Levit. 19:24). The significance of this holiness is that the fruit must be eaten in Jerusalem in a state of ritual purity. Today, since the Beit Hamikdash is not standing, the fruit is not eaten in Jerusalem; rather, it is redeemed.
Neta/kerem revay bechutz la’aretz (נטע\כרם רבעי בחוץ לארץ). A sapling or vineyard of the fourth year outside the Land of Israel. Although trees growing outside the Land of Israel are subject to orlah laws, the poskim are in disagreement about the application of “fourth year” laws outside the Land of Israel. There are three schools of thought on this topic: (1) Some hold that these laws do not apply whatsoever; (2) Others hold that these laws apply to all fruit trees and vineyards; (3) Others still hold that the “fourth year” rules apply only to vineyards outside the Land of Israel and not to other fruit trees. This third opinion is based on the rule that when there is a halachic dispute regarding orlah laws, we follow the stringent opinion in the Land of Israel and the lenient opinion abroad.
Neti’a (נטיעה). A sapling; a young tree still in its years of orlah. A young sapling is called a neti’a, and the date that marks its yearly birthday is 1 Tishrei, which is the New Year for Saplings. See Rosh hashana laneti’a.
Netzer and choter (נצר וחוטר). Root suckers vs. water sprouts; when adventitious shoots grow off of a tree they are at times referred to as water sprouts, and at times as root suckers. The choter, an epicormic water sprout, grows as a shoot from the tree above the ground, and its orlah year calculation follows that of the older tree. The netzer, root sucker (lit. descendant), on the other hand, emerges from below the soil and is treated halachically as an independent tree vis-à-vis orlah laws. That is, if the older tree is already finished with its orlah years, but the root sprout is not, its fruit will be prohibited. This issue is prevalent with pomegranate trees, where root suckers often develop. Root suckers that are still classified as orlah emerge from an older tree, so the same tree can bear some fruit that is permissible for consumption and some fruit that is still forbidden.
Note’a be’atiztz she-eiyno nakuv (נוטע בעציץ שאינו נקוב). Planting in an unperforated plant pot. Saplings planted in an unperforated pot are subject to the laws of orlah miderabanan, since the sapling does not receive its nourishment directly from the soil.
Note’a be’atzitz nakuv - hanote’a basefina (נוטע בעציץ נקוב - הנוטע בספינה). Planting in a perforated plant pot. A sapling planted in a perforated plant pot is subject to orlah laws mide’orayta, regardless of the type of material the pot is made of. The hole must be large enough to accommodate a small root, at least as big as an olive; contemporary poskim define the size of a hole as a diameter of 2.5cm.
Note’a leseyag (נוטע לסייג). A tree planted as a living fence. The prohibition of orlah does not apply to the fruit of a tree planted as a living fence. This is derived from the verse “וּנְטַעְתֶּם כָּל עֵץ מַאֲכָל” “and plant any tree for food”; that is, the objective in planting the tree is to eat the fruit, not for use as a fence. This rule applies only when another condition is met: when it is clear that the tree was planted for use as a fence, such as when the trees are planted in close proximity, unlike the standard way of planting fruit trees.
Orlah (ערלה). The biblical prohibition applying to trees bearing edible fruit for their first three years. The Torah prohibits consuming or benefiting from fruit of such trees in their first three years since they are planted, as it states: “שָׁלֹשׁ שָׁנִים יִהְיֶה לָכֶם עֲרֵלִים לֹא יֵאָכֵל” “Three years it will be forbidden to you; it shall not be eaten” (Levit. 19:23). It is also forbidden to sell orlah fruit even to a non-Jew, since this entails receiving monetary benefit.
Orlah be’eitz shel goy (ערלה בעץ של גוי). The application of orlah laws to trees owned by non-Jews. Orlah fruit is forbidden even when the fruit trees are owed by a non-Jew or grown on a non-Jew’s land. This is derived, in the Jerusalem Talmud, from the phrase “kol eitz,” any tree, indicating even when the tree belongs to a non-Jew.
Orlah be’eretz yisrael (ערלה בארץ ישראל). The application of orlah laws to fruit trees that grow in the territory of the Land of Israel. The injunction against orlah in the Land of Israel is of biblical origin, in cases of doubt, the fruit is forbidden. For the purposes of orlah, the “Land of Israel” is defined as the areas conquered by the Israelites after leaving Egypt (olei Mitzrayim).
Orlah bechutz la’aretz (ערלה בחוץ לארץ). The application of orlah laws to fruit trees that grow outside of the Land of Israel. Although it is stated in the Torah, “וְכִי תָבֹאוּ אֶל הָאָרֶץ” “When you come to the Land,” implying the Land of Israel, the laws of orlah apply outside the Land of Israel as well. Outside the Land of Israel, the injunction is based on a halacha leMoshe miSiani. There are leniencies about orlah abroad; namely, the prohibition is only when the fruit is definitely orlah. In instances of doubt, however, the fruit would be permitted. This is because the halacha leMoshe miSinai stipulates that when there is a doubt about orlah status outside the Land of Israel, the fruit is permissible.
Papaya (פפאיה). The application of orlah laws to papaya fruit. The papaya is a perennial, but nevertheless some hold that its fruit is not subject to orlah, since the plant bears fruit within a year of being planted. According to some poskim, this indicates that it is a type of vegetable. Others are stringent and forbid the fruit during orlah years.
Passionfruit - She’onit (פסיפלורה - שעונית). The issue of whether passionfruit is subject to orlah. Passionfruit is a perennial; despite this, some say that orlah nevertheless does not apply to it since the plant bears fruit within a year of being planted, indicating that it is a vegetable. Others, however, are stringent and hold that it is subject to orlah.
Peirot nochrim (פירות נוכרים). The fruit of non-Jews. The application of orlah laws to trees owned by non-Jews. Orlah fruit is forbidden even when the fruit trees are owed by a non-Jew or grown on a non-Jew’s land. This is derived, in the Jerusalem Talmud, from the phrase “kol eitz” any tree, indicating even when the tree belongs to a non-Jew.
Peri (פרי). Fruit. The part of the tree that is subject to orlah. The fruit of the tree, as well as its peel and seeds are all subject to the prohibition of orlah. The Sages derive that the secondary parts of the fruit are also forbidden from the plural terminology used in the verse “וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ” “you shall regard its fruit as forbidden.” The tree’s branches and leaves, however, are permitted.
Peri ha’adama (פרי האדמה). Vegetables, which are exempt from orlah laws. Orlah does not apply to vegetables, as the Torah states: “וּנְטַעְתֶּם כָּל עֵץ מַאֲכָל וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ.” We learn from here that only fruit that grows on trees are subject to orlah. There are various parameters that differentiate between fruit and vegetables.
Peri ha’eitz (פרי העץ). Fruit, which is subject to orlah laws. Orlah applies to the fruit of trees, as the Torah states: “וּנְטַעְתֶּם כָּל עֵץ מַאֲכָל וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ.” We learn from here that only fruit that grows on trees are subject to orlah. There are various parameters that differentiate between fruit and vegetables.
Petel (פטל). Raspberry. The application of orlah laws to raspberries. The raspberry is a plant that sprouts a branch from its root in its first year, which bears fruit the following year for the duration of only a year. Afterwards, the branch dries up and dies. For this reason, the majority holds that it is a vegetable and therefore exempt from orlah.
Pidyon / chilul neta revay (פדיון \ חילול נטע רבעי). Redeeming / transferring the sanctity of a fruit of the fourth year (neta revay) onto a coin. After redeeming the fruit, the fruit is no longer sacred and is permissible for consumption anywhere, but the coin is sacred. During the times of the Beit Hamikdash, food would be purchased with this money in Jerusalem and eaten in a state of ritual purity. Today it is forbidden to use this coin, and it must be destroyed.
Pilpel charif (פלפל חריף). Hot peppers. The application of orlah laws to chili peppers. There are several varieties of the chili pepper bushes that bear fruit within a year of being planted. The poskim deliberate regarding certain varieties of hot peppers that bear fruit for many years, whose quality of fruit does not deteriorate from year to year. In Israel, these peppers are known as pilpel sudani (from the caspicum annum family). Some define these varieties as a tree, whose fruit would be subject to orlah, while others are lenient.
Pitaya (פיטאיה). Dragon fruit. The application of orlah laws to dragon fruit. The dragon fruit cactus can produce fruit even when it is not attached to the ground, and can receive its nourishment through the air (aeroponics). In this fashion, the cactus would be exempt from orlah laws. If planted in the ground, however, the dragon fruit cactus is subject to the laws of orlah.
Rosh hashana laneti’a, Rosh hashana la’ilanot (ראש השנה לנטיעה, ראש השנה לאילנות). The New Year for saplings, the New Year for trees. The cut-off date for calculating the orlah year. There are two dates for this. Before the three years have passed, the saplings’ year changes on 1 Tishrei, which is the New Year for saplings. When the sapling (neti’a) has gone through three years, it turns into a tree (ilan). The New Year for the trees’ fruit is on 15 Shevat (Tu BiShevat).
Safek orlah (ספק ערלה). Uncertain orlah status. A fruit of uncertain status vis-à-vis orlah. Safek orlah comes into play when fruit is brought from a certain place, from where we know that there are some trees that are orlah and bear forbidden fruit, and other older trees with permissible fruit, but we do not know from which tree the fruit was harvested. The halacha in such cases is that in the Land of Israel such fruit is forbidden, while abroad it is permitted.
Saraf (שרף). Resin. The question of orlah in resin that is vinegar. Resin can be secreted by fruit and by the bark of the tree. Tree resin is not subject to orlah, but fruit resin is.
Sechora (סחורה). Transactions; the prohibition to sell orlah fruit. Besides the prohibition to eat orlah fruit, it is also forbidden to derive benefit from them. For this reason, it is forbidden to sell orlah fruit since all profits from the fruit are considered “benefit.”
Shave peruta (שווה פרוטה). The minimum value of a coin used for redeeming (chilul) fruit of neta revay and ma’aser sheni. A coin worth at least a peruta can be used for redemption. The peruta does not have a fixed value; it is determined based on global currency value. In February 2018, for example, a peruta was worth 6 agurot.
Shetilim (שתילים). Saplings. Young trees in a nursery. A sapling is considered planted in the ground if its status is “planted in a perforated pot” (see Atzitz nakuv). Therefore, if the sapling is transferred from the nursery and planted in the ground, under certain circumstances the years in the nursery can count for the orlah year calculation, and the orlah count need not start again.
Shevakim (שווקים). Markets. The status of fruit that may be of orlah status sold in the marketplace. In cases when fruit is sold in a marketplace where there is no kashrut supervision and the fruit may be of orlah status, some are lenient providing that the annual percentage of orlah is less than 50; that is, the majority of the fruit is not orlah. Since there are poskim who require that the annual orlah percent in this mixture be less than ten percent, it is best to follow this opinion in the Land of Israel. For this reason, it is optimal to purchase produce only from stores with a kashrut certificate and not rely on the lenient opinion.
Shi’ur sheyachol lichyot (שיעור שיכול לחיות). The amount of time it can survive. The index for considering a tree as planted when it is uprooted together with a clod of earth. A tree uprooted with a clod of earth is exempt from the orlah prohibition, even if soil is added to it when it is replanted. This is on the condition that it would be able to survive even without the new soil. The poskim disagree as to how long the tree would need to survive, but the practical halacha is that the tree would need to survive for at least two weeks with the original clod of earth.
Shi’ur zeman kelita (שיעור זמן קליטה). The time it takes for a fruit pit or root without a clod of earth to take root in the ground. The halachic significance is manifest in the calculation of the orlah year count. The Tana’im dispute the period of time this takes. In practice, the halacha is that it is two weeks.
Shorashim (שורשים). Roots. Part of the tree absorbed into the ground vis-à-vis orlah. For samplings with roots that are not encased in a clod of earth, orlah years are calculated from the moment they are rooted to the ground. In contrast, for saplings with roots encased in a clod of earth, which were previously planted in the ground, the previous years planted in the ground can be taken into consideration for calculating the orlah year under certain conditions. See Gush.
Shorashim shetila (שורשים שתילה). The method of transferring a sapling from the nursery to the ground. A sapling whose roots are encased by a clod of soil enables trees to live for at least two weeks without the addition of any soil, is considered replanted in its place. In this case, it is possible to count the years the sapling grew in the nursery as part of the orlah count.
Shoresh patur (שורש פטור). A sapling that initially was initially exempt from orlah. The source of a shoresh patur is a sapling planted by gentiles before the Israelites conquered the Land of Israel. Their fruit, in this case, is exempt from orlah since at the time it was planted it was exempt from orlah. The poskim dispute whether it is possible to extend this concept to other situations, such as planting a sapling from an unperforated pot to the ground.
Smadar (סמדר). Nascent fruit. The flower from which the unripe fruit develops. This nascent fruit is not included in the prohibition of orlah, since it is not considered fruit, but rather part of the tree. For this reason, even liquid squeezed from them, mei smadar, is not subject to orlah laws.
Ta’arovet neti’ot orlah (תערובת נטיעות ערלה). A mixture of orlah saplings, where some are subject to orlah and others are not. When such a mixture exists, such as when orlah saplings are planted in a mature orchard, and it is not apparent which trees are orlah and which trees are not. In such cases, the fruit of all of the trees will be forbidden, unless there are at least 200 trees to every orlah tree, which is the ratio for nullifying orlah. See Echad mimatayim.
Ta’arovet orlah (תערובת ערלה). A mixture of orlah. Orlah fruits that mixed into a group of permitted fruit. The mixture can be permitted only if there are 200 permitted fruits to every forbidden fruit.
Tafel la-piryo (טפל לפריו). Secondary parts of the fruit. These parts of the fruit are also subject to the orlah prohibition. From the plural terminology “piryo” used in the Torah, “וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ” “you shall regard its fruit as forbidden” (Levit. 19:23), the Sages derived that even the secondary parts of the fruit, such as pits or almond shells, are also subject to orlah laws.
Temed (תמד). Mead; water flavored by grape seeds and skin. Mead composed of grape seeds and skin of orlah status is also subject to the prohibition of orlah, even though the wine flavor is very weak. This is because in practice, one is deriving benefit from the forbidden grapes.
Temech (תמך). Inarching. A standard grafting technique. Inarching is used generally when the trunk of a tree is weekend, following an illness or erosion. A sapling is planted adjacent to the older tree, and its uppermost branch is inserted under the bark of the older tree. After time, the young sapling with fuse with the tree trunk, becoming the main portion of the trunk. Unlike in the case of top grafting, when inarching, the poskim deliberate whether the determining factor is the older or younger tree.
Tu BiShevat - 15 Shevat (ט"ו בשבט). The New Year for trees. This date holds great significance vis-à-vis the laws of orlah and neta revay. Tu BiShevat marks the end of the three-year orlah period, as well as the beginning and end of the fourth year. At this point, all fruit that blooms on the tree from Tu BiShevat and on will no longer be forbidden, but will be subject to the laws of neta revay. At the end of the fourth year, the fruit that blooms on the tree will be completely permissible (after setting aside teruma and ma’aser).
Yalda pechutah mitefach (ילדה פחותה מטפח). A tree whose height is less than a tefach. The fruit of a tree that remains less than a tefach tall, despite the fact that is more than three years old, is forbidden for consumption miderabanan, due to marit ayin. That is, if someone is seen eating the fruits of such a tree, onlookers are liable to think that it is permissible to eat orlah fruit. However, if the entire orchard has such trees, there is no issue of marit ayin, and the fruit is permissible. When at least six such grape clusters are planted together in a vineyard, the grapes are permitted.
Yalda she-sivcha be-zekeina (ילדה שסיבכה בזקנה). A young girl entangled with an old woman; a young (orlah) tree grafted onto an older tree. When a branch of orlah status is grafted onto an older tree, that is no longer of orlah status, it is considered yalda she-sivcha be-zekeina; that is, the young branch is considered holding onto the older tree. If the young branch did not have any fruit, any fruit that will grow from this point on will be permitted for consumption, since the orlah laws apply to the status of the older tree. If the young tree had fruit on it at the time it was grafted, however, they will have permanent forbidden status. This is true even if after it was grafted, the fruit grew considerably.
Yalda vezekeina (ילדה וזקנה). Girl and old woman; the moniker for a tree within its three years of orlah and following these years. Sometimes there are combinations between the yalda and the zekeina, such as when a cutting from a yalda is grafted onto a stock from a zekeina, or vice-versa. Such scenarios raise questions regarding the status of the fruit.
Yeri’ot plastic (יריעות פלסטיק). Plastic sheets. Material that obstructs a plant pot from receiving nourishment from the ground. When a pot is placed on a plastic sheet, it is considered an obstruction that disconnects the pot from the ground, and gives it the status of an unperforated plant pot. Trees that grow in unperforated pots are subject to the rabbinic, but not biblical, prohibition of orlah. See Atzitz.
Yichur (ייחור). A cutting. A shoot pruned from a tree for the purpose of planting it. It is permissible to prune a cutting from a tree of orlah status and plant it, since orlah only applies to benefit derived from the fruit. Torah prohibits “piryo” “its fruit,” but not the other parts of the tree.
Yichur shel orlah (ייחור של ערלה). A cutting from a tree of orlah status for the purpose of planting it. It is permissible to prune a cutting from a tree of orlah status and plant it, since orlah only applies to benefit derived from the fruit. Torah prohibits “piryo” “its fruit,” but not the other parts of the tree.
Yidalek (יידלק). Burn. The obligation to destroy all objects of orlah status and their byproducts. The injunction against deriving benefit from orlah fruit its peel includes using these items for any purpose, such as dyeing a garment with pigment from fruit peels. If this was done, the garment must be burned. Furthermore, any pottery vessels fired up in a kiln fueled by burning orlah fruit or fruit peels would be forbidden for use since it was created through an object that it is forbidden to derive benefit from.
Yored ve-loket, yored ve-loke’ach (יורד ולוקט, יורד ולוקח). Goes down and harvests, goes down and takes. The method of purchasing orlah fruit outside the Land of Israel. While the halacha is that fruit of uncertain orlah status outside the Land of Israel is permitted (see Orlah bechutz la’aretz), this comes with a proviso. It is forbidden for a Jew himself to harvest from trees of uncertain orlah status; one may only “go down and take” the fruit after a non-Jew harvested it. There is one opinion that Jews can even “go down and harvest” directly, but we do not follow this in practice.
Zagim (זגים). Grape peels. Grape peels of orlah grapes are also forbidden, since they preserve the fruit. Any substance that protects the fruit is also subject to orlah. From the “piryo” that appears twice in the verse,
וַעֲרַלְתֶּם עָרְלָתוֹ אֶת פִּרְיוֹ, “you shall regard its fruit as forbidden,” indicates also any protective peels or nut casing, which would also be prohibited.
For more practical laws about orlah, see here.
