Continuing the orlah count: Mature fruit trees outside Israel transplanted into the ground and trees sitting in earthenware pots on a concrete surface

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Question

Rav Moshe, our shul has recently planted a garden with blueberry bushes and apple and fig trees. I am trying to determine if there would be orlah concerns. The bushes and trees were planted in a mature, fruit bearing stage - I assume they are several years old, but am wondering if there are additional questions I should ask. Does the "clock" go back to zero every time the trees are planted or not if the roots remain entangled in dirt?

And one follow up question:

The fig trees are in a large earthenware pot which rests on the cement steps of the shul - they are disconnected from the ground. Would that be a reason for their orlah count to restart?

Answer

Rabbi Moshe Bloom

Mazal tov on your shul's new garden!

In principle, the orlah count begins from zero the moment trees are planted in the ground.

Apple trees and blueberry bushes

The only case in which the nursery years can be included in the orlah count is when the tree remained attached to the ground throughout its time in the nursery—specifically, in a growing bag with a hole of at least 2.5 cm in diameter at the bottom.

In practice, however, most nurseries place their saplings on surfaces that detach them from the ground, at least at some stage. If a tree sat on nylon or any other surface that halachically detaches it from the soil, the orlah count begins from zero upon planting.

Here in Israel, we supervise many nurseries for orlah and kil'ei ilan, so it is possible to purchase mature trees whose orlah count continues uninterrupted from the nursery.

As you correctly noted, when transplanting a tree, it makes a halachic difference whether it is planted with a clod of earth encasing the roots that can sustain the tree for two weeks, and whether that clod remains mostly intact (losing no more than 30%). Nevertheless, it appears that in your case, you would need to restart the orlah count. For a more detailed explanation with sources, see our guide: The Laws of Orlah for the Backyard.

Fig trees in ceramic pots on the concrete shul stairs

Trees in pots placed on surfaces that detach them from the ground are rabbinically obligated in orlah. Trees planted directly in the ground outside of Israel are obligated as a halachah leMoshe miSinai

Since the fig trees’ halachic status did not change from the nursery (they remain in pots on a detaching surface), you may include nursery years in the orlah count. However, if the pot has a hole of at least 2.5 cm and you place it directly on the ground at any point in the future, the orlah count would restart from zero.

Additional notes

During the trees' orlah years, it's best—both halachically and horticulturally—to nip the buds and prevent fruit formation. This helps the tree direct its energy toward healthy growth, and avoids any risk of congregants accidentally consuming orlah fruit.

Finally, feel free to use our online orlah calculator to determine when your trees' orlah period ends (for example, as you planted before Tu Be'Av, you gained a year):

Warm regards,

Rabbi Moshe Bloom

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