Birchas Ha’ilanos on Orlah

Q. May one recite Birchas Ha’ilanos (the Beracha recited during the month of Nissan on seeing a flowering fruit tree) on a tree whose fruit are orlah?

A. In the blessing we recite on seeing a fruit tree, we praise Hashem for “creating good trees which benefit mankind”. Since it is forbidden to benefit from the fruit during the years of orlah, perhaps it is inappropriate to recite the blessing on such a tree. Rav Yaakov Breish (Chelkas Yaakov, OC 56) writes that initially he thought that it is permitted, since the beracha refers to benefitting mankind, not only Jews, and non-Jews may benefit from orlah. Subsequently, he saw a quote from Rebbi Akiva Eiger that he was uncertain whether one may recite a beracha on a tree that is orlah. In deference to Rebbi Akiva Eiger he concedes that it should not be done. However, he argues that outside of Israel, it is possible that all agree that one may recite a beracha. This is because, the Magen Avrohom (649:20) writes that on Sukkos one may fulfill the mitzvah of esrog with orlah that grew outside Israel. Although one can only take an esrog for the mitzvah if it can be eaten, orlah fruit that grew outside Israel are considered edible since the Gemara permits feeding it to someone who does not know it is orlah. (This is a special leniency for orla in the diaspora that does not apply to other forbidden foods. Shulchan Aruch does not appear to allow doing so, still, regarding the mitzvah of esrog, one may rely on the lenient opinion.) The Chelkas Yaakov reasons that if one may consider it edible regarding the mitzvah of esrog, certainly one may consider it edible regarding reciting the beracha on trees.

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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.