Smelling Orlah Flowers

Q. Is it permissible to smell roses on a bush that was planted in the past 3 years?

A. The Torah (Vayikrah 19:25-26) prohibits eating orlah (fruit that grew on a tree within the first three years after it was planted). The Talmud (Kedushin 56b) extends the prohibition to deriving benefit as well. As such, smelling the pleasant fragrance of orlah-fruit is not permitted. May one smell flowers during the first three years of growth? If a flower grew from the ground there is no issue, as orlah applies only to trees. Furthermore, even flowers that grow on trees or bushes generally do not have orlah status because orlah refers to fruit (see the Biblical verses quoted above), and flowers are not fruit. Nonetheless, the Beis Yosef (in the beginning and end of YD 294) quotes the Rashba who ruled that orlah applies to roses while the Ra’aved disagreed. Why would roses be different than other flowers? It has been suggested that it was common to grind rose petals and add the powder to food in the time and location of the Rashba (thirteenth century Spain). Since roses were used as a spice, they were subject to the halachos of orlah. Nowadays, this is generally not done, and all would agree that one may smell roses even during the first three years of their growth. (See Sefer Piskei Teshuvos 217:8)

Today, February 1, 2021 (י”ט שבט תשפ״א)

is the fifth yahrzheit of Rav Belsky, zt”l.

May today's learning be a zechus l'aliyas nishmaso.

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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.