Are raspberries subject to orlah?
Question
Question: I saw that a green grocer's kashrut certificate in Jerusalem stated that only non-mehadrin stores are allowed to sell raspberries. Why is that?
Answer
Answer: The Institute for Agricultural Research According to the Torah, headed by Rabbi Yosef Efrati, was concerned that raspberry bushes are halachically considered trees. This means that raspberries would be forbidden for the first three orlah years. At Torah VeHa'aretz Institute, however, we believe that this simply isn't the case.
Is the raspberry bush a tree?
A few weeks ago, the rabbis of the Torah VeHa'aretz Institute toured the Agricultural Research Organization (ARO)—the Volcani Center to study the halachic issues pertinent to raspberries (see Picture 12). Raspberry cultivation is Israel is relatively small-scale (approx. 6 hectares); both raspberries (Rubus idaeus) and blackberries (also part of the rubus genus) are grown.
Raspberries have a perennial root system that sprout branches. These branches last for two years and then shrivel up. After bearing fruit, the branch dries up completely. Only new shoots, growing out of the perennial root, bear the next yield.
There are two types of raspberry bushes: (1) Primocane: bears fruit within a year of planting on the upper part of the branch emerging from the roots. The rest of the fruit in the next fruiting season grows on the lower part of the branch. After both fruiting seasons, the branch withers completely. (2) Floricane: bears fruit only in the second year.
The Shulchan Aruch follows the Geonim, who define a tree as a plant with a perennial trunk that bears fruit. However, if there is no perennial trunk, even if the root system is perennial the plant would not be considered a tree.
In light of the above, according to Torah VeHa'aretz Institute, even those wishing to be stringent and eat only mehadrin can eat raspberries and need not be concerned with orlah.