[The Book of] Forbidden and Permitted

Laws of ‘Orlah

And when you shall come into the land, [and shall have planted all manner of trees for food,] then you shall count its fruit as forbidden (Leviticus 19:23). The prohibition of ‘orlah in this day is not from the Bible but is a tradition, [transmitted] from community to community, from Moses our teacher. It is [found in] a statement of the Mishnah: “New [produce] is prohibited by the Torah in all places. And ‘orlah is a law. And kila’yim [mixtures] are an enactment of the scribes” [m. ‘Orlah 3:9].

The law of ‘orlah prohibits benefiting from its [a new tree’s] fruit and what is secondary to its fruit for three years, according to God’s command: [you shall count] its fruit [as forbidden] (Leviticus 19:23). They explain [its fruit] as including what is secondary to the fruit. [What is that? That which is protection for the fruit; b. Berakhot 36b.] The explanation of “what is secondary” is anything where if it is removed, the fruit is spoiled—it is forbidden—as in the peel [or shell] of a pomegranate, a walnut, or an almond. However, any thing which, if it is removed, the fruit remains [unharmed], is permitted, as in, the leaves and branches.

All fruit is subject to the law of ‘orlah for three years, but after three years, the law of ‘orlah is over, and it [the tree] is subject to the law of the “fourth,” namely, the fourth year. This is called “jubilation,” as it says: And in the fourth year, all its fruit shall be holy, for giving praise to the Lord (Leviticus 19:24).

Afterward, in the fourth year, he shall redeem it and in the fifth year he may eat it [see Leviticus 19:25].

Now if the Temple were standing, he would redeem it in the third or fourth [year] and eat what he redeemed in Jerusalem.

Today, we redeem it [the fruit of the fourth year] even if it is worth a hundredweight in dirhems, and we throw these dirhems away, where nobody can reach them, as it states: “Throw the benefit into the Dead Sea” [see, for example, m. Avodah Zarah 3:9]. They say: Consecrated property worth one hundred dinars [maneh] that one deconsecrated [or redeemed] on a [coin] worth a perutah is [considered] deconsecrated [b. Temurah 27b].

And the one who redeems shall make a blessing, [saying,] “Blessed are You, ruler of the universe, who commanded us [regarding] the redemption of the produce of the fourth [year],” and [“Blessed are You, ruler of the universe,] who has sustained us [sheheḥiyanu].”

I saw in a responsum of R. ‘Amram [regarding] redemption of the [fruit of the] vineyard:

The owner of the vineyard should bring the matter [before] three people, and he should bring fruit from it [i.e., his vineyard], and he should bring a se’ah of barley and bless, [saying, “Blessed are You, ruler of the universe, who commanded us regarding] the redemption of the produce of the fourth [year],” and say, “Transfer the sanctification of this onto these, the barley.” Thereafter he burns them [the barley] in the graveyard, and it is permitted to use the grapes.

I heard of one sage who required squeezing a cluster [of grapes] and then reciting the blessing over it, [saying,] “[Blessed are You, ruler of the universe, . . . regarding] the vine,” and “[Blessed are You, ruler of the universe, who commanded us regarding] the redemption [of the produce of the fourth year]” and [“Blessed are You, ruler of the universe,] who has sustained us [sheheḥiyanu], etc.” and then said, “Transfer, etc. . . . ”