Is Tea Subject to Orlah?

OU Kosher

Q. Is tea subject to the halachos of orlah?

A. It is forbidden to derive benefit from fruit that grew on a tree within the first three years after it is planted. However, Shulchan Aruch (YD 294:2) writes that the prohibition does not apply to branches or leaves which are part of the tree and are not fruit. The question remains whether tea leaves, which are used to flavor water, should be classified as fruit or as leaves.

Yalkut Yosef (Mitzvos Teluyos B’aretz 5:34) offers several reasons why tea leaves are not subject to orlah:

  • Tea leaves are not eaten and are used only to add flavor. Tosofos (Yoma 81b) writes that spices that are cooked and discarded and are not eaten, are not subject to orlah.
  • The language of the Shulchan Aruch implies that all leaves are not subject to orlah.
  • The tea plant is a low bush, and it is questionable if it qualifies as a tree.

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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.