16 Jan TU B’SHVAT KASHRUS QUESTIONS WITH RABBI MOSHE ELEFANT FROM THE OU

The Mishna (Rosh HaShana 1:1) relates that Tu B’Shevat
(the fifteenth day of the month of Shevat) is the Rosh
Hashanah (new year) for trees. What does this mean?
There is a seven year cycle of terumos and ma’aseros (various tithes) for
produce that grows in the land of Israel. In order to determine which tithes
must be separated, one must know in which year the produce grew. The calendar year for fruit
that grow on trees begins on Tu B’Shevat. If a fruit reached a certain stage of development called
onas ha’maaser before Tu B’Shevat, then this fruit still belongs to last year’s crop and should be
tithed accordingly. Fruits that reach the stage of onas ha’maaser only after Tu B’Shevat belong to
the new year and must be tithed accordingly. One exception to this rule is the esrog, which is
tithed according to the year in which it is picked, regardless of when it reaches onas ha’maaser
(Shulchan Aruch YD 331:125-126).
Tu B’Shevat is relevant outside of Israel as well. Tu B’Shevat plays a role in the counting of years
regarding the laws of orlah (prohibition of eating fruit from a tree during its first three years).
This is discussed further in another Halacha Yomis.

How does Tu B’Shevat impact the counting of years of orlah (prohibition of
eating fruit from a tree during its first three years)?
One may not eat fruit that grew on a tree the first three years after it was planted. This fruit
is called orlah. This prohibition applies both in the land of Israel as well as in the diaspora.
Although we count the years of the tree based on Rosh Hashanah (1st of Tishrei), Tu B’Shevat
plays a role as well. If a tree is planted more than 44 days before Rosh Hashanah (1st of Tishrei),
those 44 days are considered the first year of the tree’s growth, and Rosh Hashanah marks the
beginning of the tree’s second year. If a tree is planted less than 44 days before Rosh Hashanah,
one needs to wait until the next Rosh Hashanah (more than a year) to complete the first year of
orlah. However, even after the Rosh Hashanah marking the completion of three years, the fruit
which blossoms in the fourth year before Tu B’Shevat is orlah as well, since it was nourished from
the previous year’s sap which is latent in the tree. Only new fruit that blossoms after Tu B’Shevat

of the fourth year, which is nourished
from the current year’s sap, is no
longer orlah. The Shach (YD 294:10)
quotes the Rosh who notes that in our
climate, trees don’t ordinarily blossom
before Tu B’Shevat, so one may assume
that all fruit that is found on the tree in
the fourth year is not orlah. In Israel,
fruits that grow in the fourth year have
a special kedusha (sanctity) called neta
revai (lit. four year old plant), which
will be discussed in a future Halacha
Yomis.

From when do I start counting the years of orlah?
Regardless of whether one planted a seed, a branch from a tree, or grafted a branch onto an
existing tree, one must wait until after Tu B’Shevat of the fourth year to eat new blossoming fruit.
Even if one uprooted an entire tree and then replanted it, they must wait the full amount of time
before partaking of the fruit (Shulchan Aruch YD 294:16). However, if the tree was uprooted
with enough dirt so that it could have survived even if it were not replanted, one does not restart
counting the years of orlah (Shulchan Aruch YD 294:19).
However, if a tree was uprooted with its own dirt and then placed in a pot without holes (atzitz
she’eino nakuv), it is a matter of dispute whether one would have to restart the orlah count
(Derech Emunah, Neta Revai 10:65). The rule is that all doubts regarding orlah outside of Israel
are permitted (based on the fact that the prohibition of orlah outside of Israel is Halacha l’Moshe
m’Sinai i.e. a set of laws given to Moshe that were not written in the Torah, where the Halacha was
specifically taught to Moshe that only fruit that are definitely orlah are forbidden, but whenever
there is any doubt, it is permitted). Therefore, outside of Israel, if a tree wrapped in a ball of
original dirt was placed on a truck or car (which have the same status as atzitz she’eino nakuv),
one would not need to restart the counting of orlah.