Do we count orlah from the time of the graft?
Question
Dear Rabbi,
In our garden we planted an avocado tree that we sprouted from a seed. The tree has been growing in our yard for ten years and has not given any fruit. We recently grafted a branch from a different avocado tree onto it and now it does produce fruit. Do we need to restart the orlah count from the time of the graft?
Answer
Shalom uvracha,
Below is a passage from the Laws of Orlah for the Backyard (Chapter 5, B:1-2a):
1. The definition of grafting is to bring into close contact two vegetative parts of plants: leaf, stem, or root. The purpose of this is that their tissues will fuse and facilitate a mutual exchange of organic materials—especially between the rootstock (the part planted in the ground) and the scion (the shoot being grafted onto the rootstock). This grafting is accomplished in several ways: top, cleft, crown, veneer, bud grafts, among others (see examples of several types of grafts in Pictures 16 -19).
Generally, a hearty tree with a strong root system that is suited for the specific soil type is chosen for the rootstock; the scion is chosen for its fertility and quality of its fruit.[1]
2. Generally, when a scion is grafted onto a rootstock, whether in a bud or top graft, the orlah count begins from the moment that rootstock was planted and not from the time of the graft,[2] with the exception of the following cases:
a. If the scion is grafted onto a rootstock shorter than a tefach (8 cm):[3] in this case, lechatchilah the orlah count should begin from the time of the graft, and not from the time the rootstock was planted.[4] In extenuating circumstances, however, it is possible to be lenient and begin the orlah count from the time the rootstock was planted—even if the rootstock is shorter than a tefach.[5]
In light of this, if the graft was performed higher than one tefach (8 cm), there is no need to restart the orlah count from the time of grafting; rather, one counts from the time the mother tree was planted.
With blessing of Torah and the Land of Israel,
Avraham Sochovolsky
[1] Prof. Yehuda Feliks, Kilei Zera'im and Grafting (5727), p. 113.
[2] Rambam, Hilchot Ma'aser Sheni 10:16; Mahari Kurkus on the Rambam, ibid.; Maharam Alshich §110. See also Rabbi Yoel Friedemann, "The significance of grafting vis-à-vis the orlah count," HaTorah VeHa'aretz I (5749), pp. 85–101.
[3] Mishnah, Shevi'it 1:8; Yerushalmi, Shevi’it 1:6 cites a dispute between the Sages and Rabbi Elazar ben Yaakov whether or not a tree cut down to the height of less than a tefach is subject to a renewed orlah count.
[5] According to the Rambam, Hilchot Ma'aser Sheni 10:13; and Shulchan Aruch, YD §294:18. Both rule in accordance with the Sages’ opinion. This is also the ruling of Rabbi Chanoch Zundel Grossberg: Neta Hillulim, §44, p. 50 and the gloss Sha'arei Tzvi §128; HaTorah VeHamedinah 11–13 (5720-5722), p. 602.