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Orlah for a replanted sapling

Question

In your Halachos on Birkas HaIlanos, you mention that one shouldn’t use trees that are Orlah. I planted two fruit saplings a year ago (when they were blooming). I don’t know how old the saplings were at the time I bought them (and they couldn’t tell me). Is it mutar to say the bracho on these trees this year when they bloom?

Answer

Saplings that were replanted have a din of Orlah as if they were planted anew – in other words, the three years of Orlah begins from the time that they were replanted (Shulchan Aruch Yoreh De’ah 294:16).

If a tree was uprooted but had earth attached to the roots that was sufficient for the tree to live off, and was subsequently replanted, one need not restart the count of three years of Orlah (ibid, 294:19 – see also Pischei Teshuvah 294:13)

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3 Comments

  1. If the tree still has a little bit of earth on it so that it can last for a few weeks but not indefinately then do you need torestart the count or not? How much earth does there need to be?
    Kol tuv,

    1. Good question!
      Have a look at the Pischei Teshuvah there, where he quotes a difference of opinion if the tree needs to be able to survive for the whole three years by itself, or just for a few days.

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