Tu’bishvat: Orlah

Q. Monday, February 6th will be Tu’bishvat, (the fifteenth day of the month of Shvat). The first Mishna in Tractate Rosh Hashana states that Tu’bishvat is the Rosh Hashanah (new year) for trees. In what sense is that relevant?

A. There is a seven-year cycle of terumos and ma’aseros (various tithes) for produce that grows in the land of Israel. One must separate Maaser Sheni (a 10% tithe that is eaten in Jerusalem) for fruit grown in years 1,2, 4 and 5 and Maaser Ani (a tithe of 10% which is given to the poor) for fruit that grows in years 3 and 6. The calendar year for fruit begins at Tu’bishvat. Fruit that reaches a certain stage of development (called “onas ha’maaser”) before Tu’bishvat belongs to last year’s crop and should be tithed accordingly, while fruit that reaches “onas ha’maaser” after Tu’bishvat belongs to the new year. (One exception to this rule is the esrog, which is tithed according to the year in which it is picked, regardless of when it reaches “onas ha’maaser”, see Shulchan Aruch YD 331:125-126).

In addition, one cannot separate Terumah or Maaser for fruit grown in one year with fruit grown in a different year. Here too, the year of growth is established by Tu’bishvat.

Tu’bishvat is relevant outside of Israel as well. Tu’bishvat plays a role in the counting of years as relates to the laws of orlah (prohibition of eating fruit from a tree during its first three years). This will be discussed in a future Halacha Yomis.

____________________________________________________

The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.