Status of fruit from a tree planted anywhere between September 2020-December 2021
Question
My neighbour's orange tree hangs over our wall and has a lot of fruit on it. They are not religious and they did not plant the tree so they don't know how old it is.
I have photos of the area from December 2021 and I can see the tree in it so it is at least 3 years old. It definitely wasn't there in September 2020, which is the only earlier photo I could find. It could have been planted any time between September 2020 and December 2021.
My question is can I pick and eat the fruit?
Answer
Rabbi Bloom
There are two parts of your question:
1. May you pick the fruit?
Actually, even though the orange tree is hanging over your wall, since it is still attached to the tree that is planted on their side of the wall, the oranges belong to your neighbors, unless they give you permission, of course. If the orange falls from the tree into your yard, on the other hand, it becomes your property.
2. May you eat the fruit?
The fruit might be neta revay, but at the same time might be obligated in the separation of terumot and ma'aserot (during the fourth year, the fruit is exempt from terumot and ma'aserot).
For this reason, until 15 Shevat next year, separate terumot and ma'aserot without a berachah and recite the neta revay text, without a beracha. You can find the text here (pp.14-15 from our pamphlet Mitzvot of the Land in a Nutshell).
Here's Why:
Scenario 1:
Let's say the tree was planted anywhere between Elul to Kislev 5782 (September to December 2021). In that case, the orlah years have ended, and the tree is in its fourth year, the oranges having the sanctity of neta revay.
In this case, too, the neta revay year will end by 15 Shevat 5786 (2/2/26)
Scenario 2:
Let's say the tree was planted anywhere from Tishrei - Av 5781 (October 2020 to mid-August 2021). Orlah years would have been over by 15 Shevat 5784 (25/1/2024), and neta revay year would have been over by 15 Shevat 5785 (13.2.2025)
After 15 Shevat 5785, there is an obligation of separating terumot and ma'aserot from the oranges.
We see, therefore, that while orlah years have definitely passed, the fruit might possibly be neta revay until next Tu Bishevat.
Since there is a doubt whether the fruit is obligated in terumot and ma'aserot, and also whether it is neta revay, we recite the appropriate texts but without a blessing.