2,374. Doubtful Orlah and Kilei HaKerem
Maachalos Assuros 10:10
The previous halacha (about orlah being prohibited by Biblical law) is only in Israel as per Leviticus 19:23, “When you enter the land....” The prohibition of orlah outside of Israel is a law transmitted to Moshe at Sinai telling us that definite orlah is prohibited; in a case of doubt, the fruit is permitted. In Hilchos Maaser Sheini, we will IY”H discuss what is and what isn’t prohibited as orlah.
Maachalos Assuros 10:11
When there’s a doubt as to whether produce is orlah or kilei hakerem in Israel, it’s prohibited. It’s permitted in Syria, meaning lands that were conquered by King David. Accordingly, if there was a vineyard of orlah in Syria and grapes were being sold outside of it, or if there were vegetables planted in a vineyard in Syria and vegetables were being sold outside of it, and there’s a doubt as to whether the grapes or vegetables being sold came from that vineyard, they’re permitted. Outside of Israel, even if one sees grapes being removed from a vineyard of orlah or vegetables being removed from a vineyard, one may buy them so long as he doesn’t see orlah or vegetables being harvested from the vineyard.