Orlah outside Israel: Grafts affecting orlah count
Question
I live in Florida. For the tree I recently bought, at one point a graft was performed in the nursery with a branch from a more mature tree of the same species and I don’t know when that happened. Do I have to call the nursery and get to the bottom of these things or can I just rely on the doubts and not even call the nursery?
Answer
Grafts that are with the same species are kosher, yet it's important to ascertain that the graft is, indeed, from the same species since kilei ilan is a biblical prohibition outside of Israel as well. The main issue is with deciduous trees such as apricot, almond, and pear. If you know for certain that is from the same species, it's not an issue.
Grafts and orlah: In general, if the graft was performed on the trunk at least 10 cm (1 tefach) above the ground, the orlah count continues; if performed below 10 cm, the orlah count begins from the graft (often grafts are performed below 10 cm). In Israel, we instruct people to check out where the graft was performed, but outside Israel, it is also another case of safek orlah lekulah, and you don't have to find this out. For more on this topic, see The Laws of Orlah for the Backyard 5:2.