Purchasing a Fruit Tree Grafted in a Nursery

Can I plant a fruit tree that I purchased from a nursery that was grafted onto the rootstock of another species?

The Torah prohibition of kilayim extends to grafting different species of fruit trees together. Not only may one not graft a tree onto the rootstock of another species, but one may not replant such a tree as well. This prohibition applies even outside of Israel, and applies to both Jews and non-Jews. Shulchan Aruch (Yoreh De’ah 295:7) writes that even if one planted such a tree, they would be required to uproot it. However, Aruch Hashulchan (Yoreh De’ah 295:16-18) explains that the requirement to uproot such a tree is only if it was just planted, before it starts to grow. Therefore, if one purchases land that already has such trees, they are not required to cut them down (See also Pischei Teshuva Y.D. 295:4). Furthermore, cutting down a fruit tree when there is no obligation is in itself a violation of bal tashchis (unnecessary destruction).

The exact definition of what is considered according to halacha to be from the same species is not always clear. All apple trees are considered one species, but apple trees and pear trees are considered two distinct species. Therefore, Rama (Yoreh De’ah 295:6) writes that since most people are not proficient in determining which varieties of trees are considered to be of the same species, unless it is abundantly clear, one should avoid grafting different varieties of trees.

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.