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12

Stuff that grows by itself on public property is exempt from the rules of orla. Source: Radvaz's commentary to Rambam, Maaser Sheni 10:6 (though it's pretty clear from the Rambam himself, 10:5).


8

Another answer (suggested here in the Sefer "Kerem Efraim") is that because the tree was created through a miracle, it was not obligated in Orlah. He brings support from the Radak (Malachim Beis 100:4) who writes that the oil that was miraculously created for the wife of Ovadia did not require Maaser to be separated from it. He explains that for the first ...


6

Thanks to Alex's comment elsewhere (which I only saw now), I discovered the Pische S'shuva, YD 294:13, who cites Parach Mate Aharon as saying the soil must last three years, and Shivas Tziyon as qualifying that that's only in eretz Yisrael: in chutz laaretz, he says, [where safek orla is permitted,] the soil must last "a few days".


5

The Pitchei Teshuva in Yoreh Deah 294 sk 13 quotes a number of opionions but rules that in Israel where we rule stringently about doubts relating to orla, there must be enough dirt to survive three whole years; in the Diaspora, however, where we rule leniently about such doubts, it only needs to be enough dirt to last a couple of days. h/t Alex


4

As already stated, this site does not replace a Rabbi. But here are some sources. The Mishan in Mas. Orla (3:10) says: ספק העורלה--בארץ ישראל אסור, ובסוריה מותר; ובחוצה לארץ יורד ולוקח, ובלבד שלא יראנו לוקט. If in doubt, then fruit that could be Orla are forbidden in Eretz Yisrael, but permitted in the Diaspora. That's also have the Shulchan Aruch ...


4

After CYLORing this, the answer I got is: If the tree is planted exclusively for beauty - there is no problem to enjoy from the fruits during first 3 years, and even to eat them. If the tree is planted also for eating the fruits - it is forbidden to enjoy from the fruits, even from observing (להתבונן) their beauty. However, there is no problem just to look ...


3

In most Halachic cases, we say that Mitzvoth are violated only if there is a Ma'aseh - an action. However, this article asks the very question you ask, with regard to aesthetic trees, but it does not give an answer (because the "tree" in his case was not a Halachic one). In fact, he implies both that the prohibition is strictly on eating the fruit, and that ...


2

(Bruchos 36a) only the primary-fruit are prohibited, but this is only outside Israel. In Israel, the secondary-fruit is prohibited. Plants with more than one edible "fruit" (fruit, berries, flowers, shells, leaves, stalks and wood) only have one primary-fruit. That primary-fruit is usually the reason we cultivate the plant, and would be ha'aitz, any ...


2

The leaves are mutar (Orlah 1:7) (V'araltem orlaso es piryo) A plant that is replanted (shesil) starts the clock again (Orlah 1:3...). However Orlah it is not 3 full years. As long as the palnt had 2 weeks to root and was rooted for 30 days before Rosh Hashana (so before 17 Av), that counts as a year. On the other hand, fruits that started blossoming in ...



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