We have just had some fruit trees planted in out backyard in Israel. The trees are all over three years old and were transplanted with at least some dirt from the nursery. Do we need to count orlah and neta Revii for these trees?

Answer:

If the amount of earth that the trees were transported in is sufficient for the trees to survive for a short time (a few days), the fruit are permitted immediately.

However, if the amount of earth is not sufficient for this, the count must be started again.

Best wishes.

Sources:

The source for this ruling is a Mishnah (Orlah 1:3), and authorities dispute the time that the earth needs to last the tree. The Rashba writes that this is a safek and the Shut Perach Mateh Aharon (cited by the Pischei Teshuvah 294:13) writes that the tree must be able to survive for three years. However, the Rashba himself concludes that “a number of days is sufficient,” and the great majority of authorities are lenient in this matter: See Chazon Ish (Orlah 2:12); Mishpat Cohen (8); Minchas Shlomo (69); among others.

See also Ha-Torah Veha-Aretz (Vol. 1, pp. 242-244; Vol. 2 p. 415).

One does not have to be concerned for the fact that the tree is transported in a van.

 

 

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