Orlah

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Orlah

  1. Any fruit that grew on a tree within its first three years are forbidden forever. It applies to the fruit, seeds, and peel.[1]
  2. It applies at all times and all over the world, whether it was planted by a Jew or non-Jew. In Israel it is a Biblical mitzvah and outside Israel it is a halacha lmoshe msinai.[2]
  3. If there is a doubt whether something is orlah in Israel it is forbidden but outside it is permitted.[3]
  4. The years are counted from Tishrei to Tishrei. The first year, however, only counts as a year if it is planted before the 16th of Av. If it is planted on the 16th of Av before sunset it is also counted as the first year.[4] The reason is that it takes two weeks for a tree to take root and a minimum of 30 days is necessary to count it as a year. Then in the fourth year any fruit which buds before Tu Bishvat is considered Orlah but if it buds afterwards it is Neta Revay.[5]
  5. The definition of the fruit budding is once the flower falls off and the small blossoming fruit is recognizable.[6] Nowadays it isn't common to have a fruit bud before Tu Bishvat and so the minhag is just to calculate the three years from Tishrei to Tishrei.[7]
  6. Grapes, carobs, and olives have another definition for determining which year they grew. Grapes follow when they became the size of a white bean, carobs from when they appear like chains, and olive when they grow a crown. [8]
  7. Orlah applies to all trees, pepper, and Etrog.[9]

Neta Revay

  1. Any fruit that buds after Tu Bishvat in the fourth year is called Neta Revay, which is forbidden without redemption. Fruit which buds after Tu Bishvat of the fifth year is permitted.[10]
  2. The way to redeem the fruits is by collecting the detached fruits and take a coin worth a prutah or permitted fruit and say that with this coin or fruit I am redeeming these Neta Revay fruits. Then he takes the coin or previously permitted fruit destroys them and throws them in a river. There is no bracha for redeeming Neta Revay.[11]
  3. Revay in Israel applies to all trees but in the diaspora only applies to a grape vineyard.[12]

Sources

  1. Shulchan Aruch 294:1
  2. Shulchan Aruch 294:8, Kitzur Shulchan Aruch 173:1
  3. Brachot 36a, Shulchan Aruch 294:9
  4. Hilchot Kilayim VOrlah p. 41
  5. Shulchan Aruch YD 294:4, Kitzur Shulchan Aruch 173:1
  6. Hilchot Kilayim VOrlah p. 42 based on Chazon Ish YD Sheviyit 7
  7. Taz 294:9
  8. Hilchot Kilayim VOrlah p. 42
  9. Hilchot Kilayim VOrlah p. 43
  10. Kitzur Shulchan Aruch 173:2
  11. Shulchan Aurch 294:6, Kitzur Shulchan Aruch 173:2
  12. Hilchot Kilayim VOrlah p. 43