Do orlah laws apply to herbs halachically classified as trees?
Question
(1) If oregano is considered a tree and therefore not involved in kilei zera'im, does orlah apply to it?
(2) How do I know which basil I have, annual or perennial (and thus if kilei zera'im applies or not)? (Follow-up question from Kilei zera'im in the home garden: status of thyme, basil, oregano, and strawberries).
(3) Lemon verbena is a tree on your list. Is this an orlah problem?
Answer
1. The orlah prohibition applies to fruit only, not to the leaves or branches. Therefore, it is perfectly permissible to use the oregano and lemon verbena leaves (subject to careful cleaning and inspection for insects, of course; or even better - using a fine-mesh bag or tea bag).
With certain plants (like prickly pear), there is a halachic discussion if the leaves are considered fruit - but that doesn't apply to these herbs.
See Chapter 1 of our book Orlah for the Backyard for the parameters of the prohibition, especially §A.6,7.
2. Most basil varieties are annual (one of the most common being Genovese basil (or sweet basil), however there are some perennial varieties too. Do you know the name of the variety you bought? You can send me a picture.