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Orlah 1:2-3

Orlah 1:2

When our ancestors first entered the land of Israel, there were already trees bearing fruit there. These were exempt from the laws of orlah. When they planted trees – even though they had not yet conquered the land – they were obligated in orlah. If one plants a tree on his own property for public use, it is obligated in orlah, though Rabbi Yehuda exempts it. If one plants a tree for his own use on public land, if a non-Jew plants a tree, if someone plants a tree on another person’s property that he seized illegally, if someone plants a tree on a ship, or if a tree grew by itself – in all of these cases, the tree is obligated in orlah.

Orlah 1:3

If a tree that was past the time of the orlah prohibition got uprooted together with its earth, or if a river carried away the tree and its earth, if it could survive with just that earth, it is exempt from orlah. If not, when replanted it is obligated in orlah like a newly-planted tree. If the earth was removed from the side of a tree (exposing the roots), or if it was knocked off by a plow or a person, if the tree could survive, it is exempt from orlah. Otherwise, when the dirt is replaced, the tree is obligated in orlah like a newly-planted tree.

Author: Rabbi Jack Abramowitz