04 Jan Tu B’shvat Kashruth Questions
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.
Some have the custom to eat esrog jam on Tu B’Shevat. If one has not eaten esrog the whole year, does one make a Shehechiyanu on esrog jam?
The Mishna Berura (225:16) writes that one does not recite Shehechiyanu on an esrog, since the fruit does not have a season. The esrog grows on the tree all year long. Since it does not have a set season, one cannot say Shehechiyanu. Some poskim disagree with the reasoning of the Mishna Berura. However, for another reason they too conclude that one should not say Shehechiyanu. As was alluded to in a previous Halacha Yomis, the bracha of Shehechiyanu was instituted primarily to be said when seeing a new fruit. However, since most people experience more joy when they eat from the new fruit, the custom has evolved to delay reciting the bracha until we eat the fruit. However in this case, the bracha of Shehechiyanu was already recited on the esrog when we shook it with the lulav on Sukkos. It is therefore not appropriate to recite the bracha again upon eating the esrog on Tu B’Shevat. Additionally, the Aishel Avrohom questions if one may recite Shehechiyanu on jam, since the pieces of fruit are not noticeable. The K’sav Sofer writes that to avoid all questions, it is best to recite Shehechiyanu on a different “new” fruit before partaking of the esrog jam.
Some have a minhag to recite Shehechiyanu on a new fruit on Tu B’Shevat. If I need to say Ha’eitz and Shehechiyanu, what is the order of the brachos?
Do I say the bracha of Shehechiyanu and then Ha’eitz, or do I say Ha’eitz and then Shehechiyanu? Mishna Berura (225:11) writes that when one needs to say both Ha’eitz and Shehechiyanu, the proper procedure is to first say the bracha of Shehechiyanu, followed by the bracha on the fruit, and then to take a bite. This is not considered a hefsek (break) between the recitation of the Shehechiyanu and eating the fruit because the bracha of Shehechiyanu was instituted primarily to be said upon seeing the fruit. Although the common practice is to delay saying the bracha until we eat from it, still it is not a hefsek, since the bracha can really be said on seeing the fruit. Mishna Berura writes that alternatively, one can recite Ha’eitz, take a bite and then after swallowing the first bite recite Shehechiyanu. However it is best not to say Shehechiyanu immediately after Ha’eitz, as this would cause a hefsek (break) between the recitation of the bracha on the fruit and eating the fruit. The Kaf Hachaim adopts a different position. He writes that it is preferable to recite Ha’eitz followed by Shehechiyanu, because of the rule Tadir Kodem (the more common bracha, in this case Ha’eitz, should be recited first). Presumably, he is not concerned that the Shehechiyanu is a hefsek after Ha’eitz because both brachos relate to the eating of the fruit. Many Sefardim follow the opinion of the Kaf Hachaim.
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.