From When Do We Start Counting for Orlah?

From when do I start counting the years of orlah?

Regardless of whether one planted a seed, a branch from a tree, or grafted a branch onto an existing tree, one must wait until after Tu B’Shevat of the fourth year to eat new blossoming fruit. Even if one uprooted an entire tree and then replanted it, they must wait the full amount of time before partaking of the fruit (Shulchan Aruch YD 294:16). However, if the tree was uprooted with enough dirt so that it could have survived even if it were not replanted, one does not restart counting the years of orlah (Shulchan Aruch YD 294:19).

However, if a tree was uprooted with its own dirt and then placed in a pot without holes (atzitz she’eino nakuv), it is a matter of dispute whether one would have to restart the orlah count (Derech Emunah, Neta Revai 10:65). The rule is that all doubts regarding orlah outside of Israel are permitted (based on the fact that the prohibition of orlah outside of Israel is Halacha l’Moshe m’Sinai i.e. a set of laws given to Moshe that were not written in the Torah, where the Halacha was specifically taught to Moshe that only fruit that are definitely orlah are forbidden, but whenever there is any doubt, it is permitted). Therefore, outside of Israel, if a tree wrapped in a ball of original dirt was placed on a truck or car (which have the same status as atzitz she’eino nakuv), one would not need to restart the counting of orlah.

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.