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

How does
Tu B’Shevat
impact the
counting of
years of orlah
( p r o h i b i t i o n
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.
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.