Q: We moved into our new home and planted young saplings on Kislev 5776. Can we eat from the fruit now (kislev 5779)? If not now, when?
My uncle planted more mature trees. Do the same laws apply in this instance?
A: The prohibition of orlah applies to fruit growing in a tree’s first three years. In the fourth year, the fruit is considered neta revay. If you planted the tree on Kislev 5776, the fruit that bloomed after Tu Bishevat 5779 are neta revay; that is, the fruits that are ripe at the spring of 5779 have neta revay status.
In the case on buying a mature tree from a nursery, there are cases when the years in the nursery can be included in the orlah count, but with several provisos:
- The tree’s planter is perforated with a hole of at least 2.5 cm diameter at the bottom of the planter/bag.
- During the entire time that the tree was in the nursery, the planter/bag was placed directly on the soil, and not on a surface that separates the soil from the planter (like a plastic sheet).
- The clod of soil surrounding the tree did not fall off when transferred.
Because Orlah is basically deorayta, only if you are absolutely certain that all the above conditions were fully met, can you include years in the nursery in the orlah count.
If not (and that is usually the case), orlah years should be calculated from the time the tree is replanted in the garden.
