Orlah and Replanted Trees

Q. If a fruit-bearing branch or fruit-bearing tree was replanted, does the new fruit have a status of orlah for the next three years?

A. Orlah applies to new trees.

If a fruit-bearing branch is disconnected from a tree and is replanted, it is treated as a new tree. If it is grafted onto a fruit bearing tree, the branch generally has the same status as the tree (i.e., if the tree is post-orlah, the fruit will be permissible even if it is a young branch, but if the tree is within the first three years, the fruit of branch will be orlah even if the branch is old). (Shulchan Aruch YD 294:16, and Taz ibid 24)

If a tree was uprooted without dirt and then replanted, it is treated as a newly planted tree. However, if the tree was uprooted with enough earth on its roots to survive without being replanted, the status of the tree remains unchanged, even if the tree was transported to a new location and replanted in the ground. (Shulchan Aruch YD 294:19) (Note: The above presentation is for the Diaspora. In Israel, the status of a replanted tree is somewhat different, depending on how the tree was transported. See Derech Emunah, Neta Revai 10:65)

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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.