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ORLAH PEREK 1

Questions

When Rebbi finished discussing the Dinim concerning the seeds and their Matanos, he began with the Dinim connected with the fruit. That is why he placed Orlah after Chalah.

Mishnah 1

1)
(a) The Mishnah rules that fruit-trees that are planted mainly to serve as a fence for a vineyard, for wood for fencing (see Tos. Yom-Tov) or for manufacturing beams - are not subject to Orlah (see Tiferes Yisrael and Tos. R. Akiva Eiger).
(b) The source for this ruling is the Pasuk in Kedoshim - "u'Neta'atem Kol Eitz Ma'achal".
(c) Rebbi Yossi rules - that even if the owner declared (see Tiferes Yisrael) that he is planting the trees with the intention of using the inner branches (see Tiferes Yisrael) for the fruit and the outer ones for fencing, the outer branches are Patur from Orlah (see Tos. Yom-Tov).
(d) The Chachamim maintain - that as long as the owner intends to use some of the branches for fruit, all the branches are subject to Orlah ...
(e) ... and that is the Halachah (see previous Tos. Yom-Tov and Tiferes Yisrael).

Mishnah 2

2)
(a) The Tana learns from the Pasuk in Kedoshim ...
1. ... "Ki Savo'u el ha'Aretz, u'Neta'atem ... " - that only trees that were planted from then on would be subject to Orlah (but not those that were planted by the Nochrim prior to their entry [see Tiferes Yisrael]).
2. ... "u'Neta'atem Kol Eitz Ma'achal" - that trees that would be planted from now on would be subject to Orlah (see Tos. R. Akiva Eiger), even before the entire land had been conquered, and even if they were planted by Nochrim.
(b) According to the Tana Kama, fruit-trees that have been planted for the benefit of the community are Chayav Orlah. Rebbi Yehudah says - that they are not.
(c) The Chachamim learn their ruling from "Yih'yeh Lachem Areilim". R. Yehudah learns his ruling from the additional word "*u'Neta'atem*" - which is a 'Ribuy Achar Ribuy' (see Tos. Yom-Tov), which comes to preclude (trees planted for the benefit of the community), not to include (them).
(d) The Chachamim interpret "u'Neta'atem" - as meaning each person for himself.

3)
(a) The Mishnah rules that if ...
1. ... someone plants a fruit-tree in the Reshus ha'Rabim for his own personal use - it is subject to Orlah, and so is one that has been planted by ...
2. ... a Nochri (see Tos. Yom-Tov) or a thief (see Tos. Yom-Tov).
(b) The case of 'a thief' is - when he stole land and planted in it after the owner had despaired from retrieving it (see Tiferes Yisrael and Tos. Yom-Tov).
(c) The Tana adds a fruit-tree that grows in a boat (which has no hole in its hull) to the list. He is referring to an earthenware, because earthenware is porous (allowing the roots to nurture from the ground [see Tos. Yom-Tov]), but not one that is made of wood.
(d) The final case the Tana includes in this list (besides a fruit-tree that grows in a boat) is - a fruit-tree that grows wild (see Tiferes Yisrael).

Mishnah 3

4)
(a) A fruit-tree which has been torn out of the ground by the wind or by a river that overflowed its banks and replanted is Patur from Orlah - if the tree is able to survive (by means of the earth that was torn out together with it) without being replanted ...
(b) And the Tana says - the same about a fruit-tree, in a case where the surrounding rocks have been uprooted, or where either its roots have been revealed or the entire tree is moved, before the owner piles earth around it (see Tos. Yom-Tov).

Mishnah 4

5)
(a) The Mishnah exempts a tree that is completely uprooted, from Orlah, provided a root remains. R. Shimon ben Yehudah Ish Bartosa defines a root as - one that is as thick as the needle with which the weavers stretch a garment when it comes off the weaving loom (see Tos. Yom-Tov).
(b) The Halachah is like him - since nobody disagrees with him.

Mishnah 5

6)
(a) The Mishnah now discusses an uprooted tree with a pool - with reference to the farmers' custom to submerge a branch (or the top of the tree [Tiferes Yisrael]) that is still attached into a ditch that they have dug around the tree, until it grows into a new tree on the far side of the ditch.
(b) Initially, the tree that grows from the branch - is not Chayav Orlah?
(c) If the original tree became uprooted - then both the new trees and the original tree, become subject to Orlah from that moment on (i.e. the three years begin then).
(d) Branches from the new tree, that he subsequently submerged in their respective ditches, year by year, and that grew into fresh trees are subject to Orlah - from the time that the original tree was uprooted, so that after three years, they all become permitted.

7)
(a) 'Sipuk ha'Gefanim' - constitutes grafting a long attached branch from one vine to another (see Tos. Yom-Tov).
(b) The Tana Kama rules - that the tree into which the branch has been grafted is Patur from Orlah ...
(c) ... even if the grafted branch is submerged in the ground (see Tos. Yom-Tov and Tiferes Yisrael).
(d) To reconcile this with the Mishnah which declares a tree which has been grafted or whose attached branch has been transplanted, subject to Orlah no less than a freshly planted tree - by establishing the latter by a branch that has been detached before it is grafted or transplanted.

8)
(a) R. Meir qualifies the Tana Kama's ruling - by confining it to where the branch that is grafted is still able to nurture from the mother tree (but if it is not, then the tree into which it is grafted is Chayav Orlah).
(b) The Halachah is - like the Tana Kama (see Tos. Yom-Tov and Tiferes Yisrael).

9)
(a) Similarly, the Tana rules, if the original tree that was joined to the 'pool' became uprooted - then the fruit that the owner fails to pick before it increases by one two hundredth, is forbidden.
(b) Had he picked the fruit immediately - it would have been permitted.

Mishnah 6

10)
(a) The Tana now discusses a sapling of Orlah or of Neta Revai that becomes mixed up with other saplings or vines of Heter - by the owner having passed a holed flower-pot containing a sapling of Orlah or of a fruit-tree underneath a tree that is not Orlah or underneath a vine (see Tos. Yom-Tov), and he cannot remember underneath which tree or vine he passed it (see Tiferes Yisrael note 39).
(b) He forbids, initially, picking the fruit from any of the trees in the orchard or the vineyard - because of the principle 'Ein Mevatlin Isur Lechatchilah'.
(c) Bedieved however, if he did pick the fruit, it will become Batel - provided he does not do so deliberately (with the express intention of rendering the fruit Batel).

11)
(a) ... because no-one would be crazy enough to render his entire field Asur on account of one tree.
(b) R. Yossi - even permits picking the fruit Lechatchilah (see Tos. R. Akiva Eiger) ...
(c) Neither does he forbid it because of the principle 'Ein Meatlin Isur Lechatchilah' - since it is unusual, and Chazal do not generally extend their decrees to unusual cases.
(d) The Halachah is - not like R. Yossi (see Tos. Yom-Tov).

Mishnah 7

12)
(a) The Mishnah rules - that the leaves, the Lulavim (the soft newly-grown branches [Tos. Yom-Tov]), the Mei-Gefanim (the water that emerges from the vines when they are cut) and blossoms of ...
1. ... Orlah vine-trees (see Tiferes Yisrael) - are not subject to Orlah. Nor are the ...
2. ... Neta Revai vines ... forbidden (to eat outside Yerushalayim without being redeemed), and in addition, a Nazir may partake of them.
(b) All of the above are subject to the Isur of - Asheirah (see Tos. Yom-Tov).
(c) The Tana learns from the Pasuk in Kedoshim ...
1. ... "va'Araltem Orlaso es Piryo" - that - all the above (which are not fruit) are not included in the Isur of Orlah.
2. ... "Yih'yeh Kol Piryo Kodesh Hilulim la'Hashem" - that the Isur of Neta Revai applies to them too.
(d) And he learns from the Pasuk in ...
1. ... Naso (in connection with Nazir) "Lo Ye'achel" - that they are not subject to the Isur of Nazir, since they are not edible (and Mei Gefanim is merely water and not part of the tree).
2. ... Re'ei (in connection with Avodah-Zarah) "ve'Lo Yidbak be'Yadcha Me'umah min ha'Cherem" - that whatever is worshipped is Asur be'Hana'ah (whether it is edible or not).

13)
(a) R. Yossi rules that the blossoms of Orlah vine-trees (see Tos. Yom-Tov) - are forbidden, because they are considered fruit.
(b) R. Eliezer forbids cheese that has been placed in rennet comprising the sap of an Orlah tree - because he considers sap to be a fruit.
(c) R. Yehoshua heard - that the sap of leaves and of roots on the one hand, is permitted (since it does not come from a fruit [see Tos. Yom-Tov), whereas that of unripe fruit - is forbidden
(d) The Halachah is - like R. Yehoshua.

Mishnah 8

14)
(a) The Mishnah now discusses 'Ankuklos' and Temed of Orlah vines among other things.
1. 'Ankuklos' - is the acronym of 'Anavim she'Laku T'las' (meaning 'grapes that are smitten before they have attained a third of their growth.
2. ... 'Temed' - wine that is made from water that is poured on to wine dregs, or on to grape-pits or skins.
(b) The Tana rules that Ankuklos, the pits and skins of grapes, Temed made from them, the peels and fluff of pomegranates and fruit-pits (such as in grapes, dates, olives and peaches) are subject to ...
1. ... Orlah, Asheirah, and Nazir, but not to ...
2. ... Neta Revai ...
(c) ... because they are all secondary to the fruit (so that the Isur regarding the fruit extends to them, too), whereas the obligation to eat Neta Revai in Yerushalayim, which is learned from Ma'aser Sheni, is confined to what is fit to eat (see also Tos. Yom-Tov).
(d) We learn from the Pasuk In Kedoshim "va'Araltem Orlaso es Piryo" - that whatever is secondary to the fruit is considered fruit with regard to Orlah (see also Tos. Yom-Tov).
(e) Finally, the Tana rules - that 'Novlos' (fruit that falls off the tree before it is ripe) too, pertains to all of the above (even to Neta Revai, which must therefore be eaten in Yerushalayim).

Mishnah 9

15)
(a) R. Yossi - permits replanting a branch from an Orlah-tree (since it is not fruit [see Tos. Yom-Tov. See also Tiferes Yisrael note 59]), but forbids replanting a nut (which is Asur be'Hana'ah).
(b) If however, one did replant the nut, and then took a branch from the tree that subsequently grew, and grafted it into another nut-tree or replanted it independently - it would be permitted, because of the principle 'Zeh ve'Zeh Gorem, Mutar' (see Tos. Yom-Tov and Tiferes Yisrael).
(c) R. Yossi - also forbids grafting a branch containing blossoming fruit into another tree, following his ruling in Mishnah 7 (see Tos. R. Akiva Eiger).
(d) We rule like R. Yossi's ...
1. ... first ruling - that one is permitted to replant a branch of Orlah, but not like his ...
2. ... second ruling - forbidding the grafting of a branch containing blossoming fruit into another tree.

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