## Mishneh Torah, Second Tithes and Fourth Year's Fruit Chapter 10

###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:1
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:1](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:1)

כָּל שֶׁהוּא חַיָּב בְּעָרְלָה יֵשׁ לוֹ רְבָעִי. וְכָל שֶׁפָּטוּר מִן הָעָרְלָה אֵינוֹ חַיָּב בִּרְבָעִי שֶׁנֶּאֱמַר (ויקרא יט כג) "שָׁלֹשׁ שָׁנִים יִהְיֶה לָכֶם עֲרֵלִים" וְגוֹ' וּבַשָּׁנָה הָרְבִיעִת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The restrictions of] *neta reva'i* applies to all [plants to which] the prohibition of *orlah* applies.¹. As mentioned above, according to the Rambam, the laws of *neta reva'i* do not apply in the Diaspora (*Kessef Mishneh*). And all [plants] that are exempt from *orlah* are not obligated for *neta reva'i*, as [Leviticus 19:23-24] states: "For three years [your plants] will be *orlah*.... In the fourth year..."²

footnotes:
¹ This is speaking about plants within Eretz Yisrael
² Since the Torah mentions them in direct sequence with each other, we assume that it is referring to the same type of trees in both instances.


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:2
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:2](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:2)

הַנּוֹטֵעַ אִילַן מַאֲכָל וְדַעְתּוֹ עָלָיו שֶׁיִּהְיֶה סְיָג לַגִּנָּה. אוֹ שֶׁנְּטָעוֹ לְקוֹרוֹת לֹא לְפֵרוֹת. הֲרֵי זֶה פָּטוּר מִן הָעָרְלָה. נְטָעוֹ לִסְיָג וְחָזַר וְחָשַׁב עָלָיו לְמַאֲכָל אוֹ שֶׁנְּטָעוֹ לְמַאֲכָל וְחָזַר וְחָשַׁב עָלָיו לִסְיָג. כֵּיוָן שֶׁעֵרֵב בּוֹ מַחְשֶׁבֶת חִיּוּב חַיָּב. נְטָעוֹ שָׁלֹשׁ שָׁנִים לִסְיָג וּמִכָּאן וְאֵילָךְ לְמַאֲכָל אֵין לוֹ רְבָעִי. שֶׁכָּל שֶׁאֵין לוֹ עָרְלָה אֵין לוֹ רְבָעִי:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a person plants a fruit tree with the intent that it serve as a hedge for a garden or he planted it to use it as lumber and not for its fruit, it is exempt from the prohibition of *orlah*.³ 1:1), the Rambam explains that this concept is alluded to by Leviticus 19:23. When that verse states the prohibition against *orlah*, it says: "When you plant a tree of which you eat...," i.e., for the prohibition to apply, one must have the intent of partaking of the tree's fruit.
The *Shulchan Aruch* (*Yoreh De'ah* 294:23) states that it must be evident that the owner did not desire to grow the trees for their fruit, e.g., he planted them to close together to grow fruit properly. If he planted it to serve as a hedge and then changed his mind and thought to use its fruit or he planted it for the sake of its fruit and then thought to use it as a hedge, since an intent that obligates it was involved, he is liable.⁴ are counted from the time the tree is planted regardless of when he thought of using it for food (Radbaz). If he planted it for three years as a hedge and afterwards, intended to use it for food, the laws of *neta reva'i* do not apply,⁵ does not apply, because he did not have the intent of growing it for its fruit until the three years in which the prohibition of *orlah* would apply were completed. because whenever the laws of *orlah* do not apply, the laws of *neta reva'i* do not apply.

footnotes:
³ In his Commentary to the Mishnah (Orlah
⁴ The three years of orlah
⁵ Similarly, the prohibition of orlah


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:3
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:3](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:3)

נָטַע אִילָן וְחָשַׁב שֶׁיִּהְיֶה הַצַּד הַפְּנִימִי שֶׁלּוֹ לְמַאֲכָל וְהַחִיצוֹן לִסְיָג. אוֹ שֶׁיִּהְיֶה הַצַּד הַתַּחְתּוֹן לְמַאֲכָל וְהָעֶלְיוֹן לִסְיָג. זֶה שֶׁחָשַׁב עָלָיו לְמַאֲכָל חַיָּב בָּעָרְלָה. וְזֶה שֶׁחָשַׁב עָלָיו לִסְיָג אוֹ לְעֵצִים פָּטוּר. שֶׁהַדָּבָר תָּלוּי בְּדַעְתּוֹ שֶׁל נוֹטֵעַ. וְהַצָּלָף חַיָּב בְּעָרְלָה הָאֶבְיוֹנוֹת בִּלְבַד אֲבָל הַקַּפְרִיסִין מֻתָּרוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When one planted a tree with the intent that the inner side will produce food and the outer side will serve as a hedge or the lower portion will produce food and the upper portion will serve as a hedge,⁶ (*Yoreh De'ah*294:23; *Siftei Cohen* 294:34). the portion that was intended for food is liable in the prohibitions of *orlah* and the portion intended as a hedge or for lumber is exempt. For the matter is dependent on the intent of the one who plants it.
The prohibition of *orlah* applies to only the caper berries of the caper tree, but its leaves are permitted.⁷ (*Yoreh De'ah* 294:3) differs and accepts the Rambam's ruling only in the Diaspora. In *Eretz Yisrael*, even the leaves are considered as food.

footnotes:
⁶ The converse is also true. Even when the lower portion is prohibited because it was intended for food and the upper portion is permitted, because it was intended to be used as a hedge, we do not say that the lower portion causes the upper portion to be forbidden. Even though it grows from it, it remains permitted [Shulchan Aruch
⁷ Although they are edible, they are not considered as food to this extent. The Shulchan Aruch


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:4
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:4](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:4)

הַנּוֹטֵעַ לָרַבִּים בְּתוֹךְ שָׂדֵהוּ חַיָּב בְּעָרְלָה שֶׁנֶּאֱמַר (ויקרא יט כג) "וּנְטַעְתֶּם" אֲפִלּוּ לָרַבִּים. בַּמֶּה דְּבָרִים אֲמוּרִים בְּאֶרֶץ יִשְׂרָאֵל. אֲבָל בְּחוּצָה לָאָרֶץ פָּטוּר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a person plants trees for the sake of people at large⁸ 1:2)]. in his own field, the prohibition of *orlah* applies. For the term "And you shall plant..."⁹ 23a and the *Sifra* (as quoted in the Rambam's Commentary to the Mishnah) derive this concept from the word *lachem* in that prooftext.[used in the prooftext cited above] implies even for the sake of people at large.
When does the above apply? In *Eretz Yisrael*. In the Diaspora, by contrast, [such trees] are exempt.¹⁰ 36a): Whenever a Sage rules leniently with regard to the situation in *Eretz Yisrael*, we follow his opinion in the Diaspora."

footnotes:
⁸ I.e., he does not plant the trees in order to partake of the food himself, but to leave it as ownerless, for any passersby to partake of them (the Rambam's Commentary to the Mishnah (Orlah
⁹ More particularly, Pesachim
¹⁰ The rationale for this ruling is that there is a difference of opinion concerning this ruling and we follow the general principle (Berachot


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:5
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:5](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:5)

הַנּוֹטֵעַ בִּרְשׁוּת הָרַבִּים אוֹ בִּסְפִינָה. וְהָעוֹלֶה מֵאֵלָיו בִּרְשׁוּת הַיָּחִיד. וְעַכּוּ"ם שֶׁנָּטַע בֵּין לְיִשְׂרָאֵל בֵּין לְעַצְמוֹ. וְהַגַּזְלָן שֶׁנָּטַע. חַיָּבִין בָּעָרְלָה וּבִרְבָעִי:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a person plants trees in the public domain¹¹ does not apply. When trees are planted in the public domain, the land is not his. Based on the Jerusalem Talmud (*Orlah* 2:1), we can conclude that we are speaking about an instance where the person plants for his own self. If he plants trees in the public domain for people at large, the prohibition of *orlah* does not apply. or on a ship,¹² does not apply. Instead, however, the ship is considered as a large flowerpot in which instance, a tree planted within it is obligated in the laws of *orlah*, as stated in Halachah 8. when trees grow on their own accord¹³ does not apply. in a private domain,¹⁴ does not apply [the Rambam's Commentary to the Mishnah (*Orlah* 1:2)]. when a gentile plants a tree whether for himself¹⁵).
The above explanation is taken from Rav Kappach's translation of the Rambam's Commentary to the Mishnah and is also reflected in one of the Rambam's responsa. In Rav Kappach's notes, he explains that this represents an emendation of his original text (which is printed in the standard translations of the Commentary to the Mishnah). Those texts state that even if a gentile raises a tree himself, the prohibition of *orlah* apply. That view is followed by the *Shulchan Aruch* (*Yoreh De'ah* 294:8). or for a Jew,¹⁶ does not apply. See also Halachah 9. or when a thief plants a tree,¹⁷ 117a). Instead, we are speaking about a person who stole a sapling and planted it. Whether or not the owner despairs of his loss, the prohibition of *orlah* apply. the laws of *orlah* and *neta reva'i* apply.

footnotes:
¹¹ In all the situations mentioned in this halachah, there is reason to think that the prohibition of orlah
¹² One might think that since the ship is not connected to the ground, the prohibition of orlah
¹³ Since no one planted them, one might think the prohibition of orlah
¹⁴ If, however, trees grow by their own accord in the public domain, they are ownerless and the prohibition of orlah
¹⁵ I.e., and afterwards, a Jew purchased the tree from him (ibid.
¹⁶ Since a gentile is not obligated in any of the mitzvot, one might think the prohibition of orlah
¹⁷ We are not speaking about a person who steals land, because the ownership of the land is never stolen. At all times, it and the trees that grow on it are the property of the original owner (Bava Kama


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:6
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:6](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:6)

הָעוֹלֶה מֵאֵלָיו בִּמְקוֹם טְרָשִׁים פָּטוּר. אֲפִלּוּ הַנּוֹטֵעַ בְּמָקוֹם שֶׁאֵינוֹ יִשּׁוּב פָּטוּר. וְהוּא שֶׁלֹּא יִהְיֶה עוֹשֶׂה כְּדֵי טִפּוּל שֶׁמְּטַפֵּל בְּפֵרוֹתָיו עַד שֶׁמְּבִיאָן לַיִּשּׁוּב. אֲבָל אִם הָיָה עוֹשֶׂה כְּדֵי טִפּוּלוֹ חַיָּב בְּעָרְלָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[Trees] that grow on their own accord in rocky terrain¹⁸ 1:1), only the standard versions of that text read *chorshin*, "forests," instead of *torshin*, "rocky terrain." Rav Yosef Corcus suggests that the version of the Jerusalem Talmud available to the Rambam read like his text here. The Radbaz and the *Kessef Mishneh* suggest emending the text here to read like the standard version of the Jerusalem Talmud. are exempt.¹⁹ does not apply as stated in Halachah 2. Even one who plants trees in an unsettled place is exempt, provided the tree does not produce enough fruit so that it would be worthwhile for a person to care for its produce until he brings it to a settled land.²⁰ If, however, the tree produces enough that it is worthwhile to maintain it, the prohibition of *orlah* applies to it.

footnotes:
¹⁸ This law is taken from the Jerusalem Talmud (Orlah
¹⁹ This applies even if the rocky terrain is a person's private property. We are forced to say that for the previous halachah already mentioned a tree that grew on its own accord in the public domain (Radbaz).The rationale for this law is that since the soil is not good, the trees will not grow well and will only produce a minimal amount of fruit. Hence, it is considered as if one has planted these trees for purposes other than their fruit and the prohibition of orlah
²⁰ Even if the person who planted the tree shows concern for the tree's fruit, he is not considered to have planted a tree for the purpose of fruit, for the nature of the situation prevents us from considering it as such.


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:7
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:7](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:7)

הַנּוֹטֵעַ לְמִצְוָה כְּגוֹן שֶׁנָּטַע אֶתְרוֹג לְלוּלָב אוֹ זַיִת לַמְּנוֹרָה חַיָּב בָּעָרְלָה. הִקְדִּישׁ וְאַחַר כָּךְ נָטַע פָּטוּר מִן הָעָרְלָה. נָטַע וְאַחַר כָּךְ הִקְדִּישׁ חַיָּב בְּעָרְלָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a person plants a tree for the sake of a mitzvah, e.g., he plants an esrog²¹ (*Yoreh De'ah* 294:24) mentions both planting a lulav and an esrog. That version is also acceptable, because the tree used for the lulav must be a date palm whose species produce edible fruit. tree [to fulfill] the mitzvah of lulav [and esrog] or an olive tree [to produce oil] for the *Menorah*,²² the prohibition of *orlah* applies.²³ If he consecrated [a tree] and then planted it, it is exempt.²⁴ does not apply to consecrated property. If he planted it and then consecrated it, the prohibition of *orlah* applies.²⁵ took effect. The obligation to observe them is not nullified by the consecration of the tree.

footnotes:
²¹ When quoting this law, the Shulchan Aruch
²² The candelabrum in the Temple.
²³ For even though he is not seeking personal benefit from the fruit, he is seeking to use it for a mitzvah. Thus his intent is on the fruit itself.
²⁴ Because the prohibition of orlah
²⁵ Because as soon as the tree was planted, the prohibition of orlah


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:8
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:8](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:8)

הַנּוֹטֵעַ בְּעָצִיץ שֶׁאֵינוֹ נָקוּב חַיָּב בְּעָרְלָה. אַף עַל פִּי שֶׁאֵינוֹ כְּאֶרֶץ לִזְרָעִים הֲרֵי הוּא כְּאֶרֶץ לְאִילָנוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a person plants [a tree] in a flowerpot²⁶ without a hole, the prohibition of *orlah* applies. [Although planting in such a pot] is not considered as [planting] in the earth with regard to smaller plants, it is considered as planting in the earth with regard to trees.²⁷ 1:2)].

footnotes:
²⁶ Whether of wood or earthenware (Radbaz).
²⁷ A smaller plant that is planted in a flowerpot without a hole does not derive nurture from the ground. A tree's roots, by contrast, have more power and can derive nurture from the ground even when there is no hole [Jerusalem Talmud (Orlah


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:9
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:9](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:9)

אִילָן שֶׁנְּטָעוֹ בְּתוֹךְ הַבַּיִת חַיָּב בְּעָרְלָה. זֶה שֶׁנְּטָעוֹ עַכּוּ"ם עַד שֶׁלֹּא בָּאוּ אֲבוֹתֵינוּ לָאָרֶץ פָּטוּר. אֲבָל מִשֶּׁבָּאוּ לָאָרֶץ אַף מַה שֶּׁנָּטְעוּ עַכּוּ"ם חַיָּב שֶׁנֶּאֱמַר (ויקרא יט כג) "כִּי תָבֹאוּ אֶל הָאָרֶץ וּנְטַעְתֶּם". מִשְּׁעַת בִּיאָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a tree is planted in a house, the prohibition of *orlah* applies. Trees planted by gentiles before our ancestors entered the [Holy] Land²⁸ were exempt.²⁹ are observed only by virtue of Rabbinic decree. It will not be until the entire Jewish people return in the era of Mashiach, that these mitzvot will have the status of Scriptural commandments (see *Hilchot Terumah* 1:26 and notes). Thus the prohibition of *orlah* does not apply to trees planted by gentiles in *Eretz Yisrael* at present. If such trees are less than three years of age when Mashiach leads the entire people back into the land, the laws of *orlah* will not apply to them (*Rambam LeAm*). After our ancestors entered the land, the prohibition applies even to [trees] planted by gentiles,³⁰ as Leviticus 19:23] states: "When you enter the land and you plant...." [The prohibition begins from] the time of the entry into the land.

footnotes:
²⁸ Before the conquest of the land by Joshua.
²⁹ This law is not merely a historical point. It shares an element of contemporary relevance. At present, all of the agricultural laws relevant to Eretz Yisrael
³⁰ If the plant was for the sake of a Jew, as stated in the notes to Halachah 5.


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:10
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:10](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:10)

עַכּוּ"ם שֶׁהִרְכִּיב אִילַן מַאֲכָל עַל גַּבֵּי אִילַן סְרָק חַיָּב בְּעָרְלָה. וְיֵשׁ לָעַכּוּ"ם נֶטַע רְבָעִי. שֶׁאִם בָּא לִנְהֹג בְּמִצְוָה זוֹ הֲרֵי הוּא קֹדֶשׁ כְּנֶטַע רְבָעִי שֶׁל יִשְׂרָאֵל:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a gentile grafts³¹ a fruit tree on a non-fruitbearing tree, the prohibition of *orlah* applies.³² years (Radbaz). If a gentile desires to observe the mitzvah of *neta reva'i*,³³ 10:10 which states that, with a few exceptions, if a gentile desires, he may observe any of the mitzvot of the Torah and he receives a reward for doing so. its laws apply to him and it is consecrated like *neta reva'i* belonging to a Jew.

footnotes:
³¹ As stated in Halachah 14, grafting is equivalent to planting.
³² It is forbidden for a Jew to make such a graft. Once it is made, however, a Jew can benefit from the fruit. He must, however, wait the three orlah
³³ See Hilchot Melachim


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:11
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:11](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:11)

אֶחָד הַנּוֹטֵעַ גַּרְעִינָה אוֹ יִחוּר מִן הָאִילָן אוֹ שֶׁעָקַר אֶת כָּל הָאִילָן מִמְּקוֹמוֹ וּנְטָעוֹ בְּמָקוֹם אַחֵר הֲרֵי זֶה חַיָּב בְּעָרְלָה. וּמוֹנֶה מִשְּׁעַת נְטִיעָתוֹ. זִעְזְעוֹ וְלֹא עֲקָרוֹ וְאַחַר כָּךְ מִלֵּא סְבִיבוֹתָיו בֶּעָפָר. אִם יָכוֹל לִחְיוֹת אִלּוּ לֹא מִלֵּא סְבִיבוֹתָיו הֲרֵי זֶה פָּטוּר. וְאִם לָאו הֲרֵי זֶה כְּמוֹ שֶׁעָקַר וְנָטַע וְחַיָּב:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[With regard to] the prohibition of *orlah*, [planting a tree refers to] planting a seed,³⁴ a bough from a tree, or uprooting the entire tree from one place and planting it in another.³⁵ questions why it is necessary for the Rambam to mention "another place." Even if he replanted the tree in its original place, the laws of *orlah* apply. We begin counting [the three years] from the time of the planting.³⁶
[The following laws apply if] a tree was shaken from its place, but not uprooted and then one filled the surrounding area with earth.³⁷ If it could live without the surroundings having been filled with earth,³⁸ it is exempt. If not, it is considered as if it was uprooted and replanted, and the prohibition does apply.

footnotes:
³⁴ The Radbaz mentions that in warmer climates, it is possible for a tree to grow from a seed to the point that it can produce fruit in three years. In his Guide to the Perplexed, Vol. III., ch. 37, the Rambam states that the Torah mentions three years because it speaks about the majority of instances where trees are grown by planting boughs from other trees.
³⁵ Rambam LeAm
³⁶ I.e., in the case of a replanted tree, we do not consider the years it grew in its previous place.
³⁷ Replanting it, as it were.
³⁸ I.e., if the connection via its roots was strong enough to sustain it without filling the earth in around its roots.


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:12
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:12](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:12)

וְכֵן אִילָן שֶׁנֶּעֱקַר וְנִשְׁאַר מִמֶּנּוּ שֹׁרֶשׁ אֶחָד. אֲפִלּוּ כְּמַחַט שֶׁמְּלַפְּפִין עָלָיו הָרוֹקְמִין אֶת הַשָּׁנִי וְהֶחְזִירוֹ לִמְקוֹמוֹ וְנָטַע פָּטוּר. מִפְּנֵי שֶׁיָּכוֹל לִחְיוֹת. נֶעֱקַר כֻּלּוֹ וְנֶעֶקְרָה הַסֶּלַע שֶׁשָּׁרָשָׁיו בָּהּ עִמּוֹ וְחָזַר וּנְטָעוֹ כְּמַה שֶּׁהוּא בְּכָל הָאֲדָמָה שֶׁסְּבִיבוֹת שָׁרָשָׁיו. אִם הָיָה יָכוֹל לִחְיוֹת מֵאוֹתָהּ אֲדָמָה אִלּוּ לֹא נָטַע הֲרֵי הוּא כְּמִי שֶׁלֹּא נֶעֱקַר. וְאִם לָאו חַיָּב:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Similarly, when a tree was uprooted and there remained a root, even one as thin as a needle over which embroiderers wind thread,³⁹ 1:4; *Keilim* 11:15; 13:5) for a more particular definition of this term. if one returned it to its original place and replanted it, it is exempt [from the prohibitions of *orlah*], because it could live.⁴⁰
[The following rules apply if] the tree was uprooted entirely together with the clod of earth⁴¹ 1:3, uses the term *sela*, usually translated as "rock" for the clod of earth, because the earth hardens around the mass of roots, as he explains in his Commentary to the Mishnah. to which its roots were attached and he replanted it as it is, together with that earth. If it could live from that clod of earth even if it was not replanted, it is as if it was not uprooted. If not, [the laws of *orlah*] apply.

footnotes:
³⁹ See the Rambam's Commentary to the Mishnah (Orlah
⁴⁰ That thin root would be sufficient to provide it with its nurture even if one would not have replanted it.
⁴¹ The Rambam, quoting Orlah


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:13
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:13](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:13)

אִילָן שֶׁקִּצְּצוֹ מֵעִם הָאָרֶץ וְהֶחְלִיף חַיָּב בְּעָרְלָה וּמוֹנִין לוֹ מִשְּׁעַת קְצִיצָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a tree was cut down from above the earth⁴² do not apply. The commentaries have noted that this ruling appears to conflict with his ruling in *Hilchot Shemitah* 3:8. and [a new tree grew from its roots], the prohibition of *orlah* applies.⁴³ [The three years] are counted from the time [the first tree] was cut down.

footnotes:
⁴² The Rambam's wording implies that if the stump of the tree is above the earth, the laws of orlah
⁴³ For this is considered like a new tree. See also Halachah 19.


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:14
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:14](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:14)

אֶחָד הַנּוֹטֵעַ וְאֶחָד הַמַּבְרִיךְ וְאֶחָד הַמַּרְכִּיב חַיָּב. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁחָתַךְ בַּד אֶחָד מִן הָאִילָן וְהִבְרִיכוֹ בָּאָרֶץ אוֹ הִרְכִּיבוֹ בְּאִילָן אַחֵר. אֲבָל אִם מָתַח בַּד אֶחָד מִן הָאִילָן הַזָּקֵן וְהִבְרִיךְ בָּאָרֶץ אוֹ הִרְכִּיבוֹ בְּאִילָן אַחֵר וְעִקַּר הַבַּד מְעֹרֶה בָּאִילָן הַזָּקֵן הֲרֵי זֶה פָּטוּר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Whether one plants a tree, one extends one,⁴⁴, translated as "extending," is a technique that was used particular with regard to vines. After a vine had grown for a long time, the head of the vine is planted in the ground where it grows new roots and thus has the potential to better nurture the new growth. As evident from the continuation of the halachah, sometimes the connection to the original vine is severed and it continues to grow as entirely independent plant. Other times, the connection is allowed to continue and then it is considered only as an extension of the original plant. See the Rambam's Commentary to the Mishnah (*Orlah* 1:5) and the *Shulchan Aruch* (*Yoreh De'ah* 294:16). or grafts it, [the laws of *orlah*] apply. When does the above apply? When one cut off a bough from the tree and planted it in the earth or grafted it to another plant. If, however, one extended a branch of an elder plant and then implanted it in the earth or grafted it onto another tree,⁴⁵). [leaving] the bough connected to the elder tree, [the new growth] is exempt [from the prohibition of *orlah*].

footnotes:
⁴⁴ Havrachah
⁴⁵ Thus the grafted branch will be receiving nurture from two sources (ibid.


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:15
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:15](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:15)

גָּדַל זֶה הַיֶּלֶד שֶׁהִבְרִיךְ וְעָשָׂה פֵּרוֹת. וְאַחַר כָּךְ פָּסַק עִקָּרוֹ שֶׁהוּא מְעֹרֶה בָּאִילָן הַזָּקֵן. מוֹנֶה מִשָּׁעָה שֶׁנִּפְסַק. וְאוֹתָן הַפֵּרוֹת מֻתָּרִין מִפְּנֵי שֶׁגָּדְלוּ בְּהֶתֵּר. וְאִם הִנִּיחָן אַחַר שֶׁנִּפְסַק הָעִקָּר עַד שֶׁהוֹסִיפוּ בְּמָאתַיִם הֲרֵי אֵלּוּ אֲסוּרִין:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If the new growth which was originally extended grew and produced fruit and, afterwards, the source from which it was connected to the elder tree was separated, we count [the years of *orlah*] from the time that it was separated.⁴⁶ The fruit [that was growing on the tree before it was separated] is, however, permitted, because it grew while permitted. If he left [the fruit on the new tree] after the connection to the original tree was severed until their growth increased by a two-hundredth,⁴⁷ 5:22 which explains how this measure is calculated. the fruit is forbidden.⁴⁸ is nullified in a mixture one/twohundredth the size of the forbidden matter. In the instance mentioned above, once the connection to the original tree is severed, everything which grows is considered as *orlah*. Thus the fruit remaining on the tree has both permitted and forbidden elements to its existence. If it grows more than the amount stated above, the prohibited substance within it is not nullified and it causes the entire fruit to become forbidden.

footnotes:
⁴⁶ For severing the connection is considered like planting it.
⁴⁷ See Hilchot Kilayim
⁴⁸ For the prohibition of orlah


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:16
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:16](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:16)

יַלְדָּה שֶׁסִּבְּכָה בִּזְקֵנָה וְהָיוּ פֵּרוֹת בַּיַּלְדָּה אֲפִלּוּ הוֹסִיפוּ מָאתַיִם הֲרֵי אֵלּוּ הַפֵּרוֹת שֶׁל יַלְדָּה אֲסוּרִין. שֶׁאֵין גִּדּוּלֵי הֶתֵּר מַעֲלִין אֶת הָעִקָּר הָאָסוּר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a young tree⁴⁹ was grafted on to an elder tree and there were fruit on the younger tree, the fruit on the younger tree⁵⁰. are forbidden even if the fruit increases 200 times its size.⁵¹ (*Yoreh De'ah* 294:22), the *Siftei Cohen* 294:32 infers that the new fruit that grows on the grafted branch afterwards is permitted. For the basic fruit that comes from a forbidden entity⁵² cannot be elevated by the new permitted substances that grow.

footnotes:
⁴⁹ I.e., one that was not yet three years old.
⁵⁰ Which are forbidden because they are orlah
⁵¹ From the Rambam's wording [which is quoted by the Shulchan Aruch
⁵² I.e., since at the outset, this fruit was forbidden, its fundamental nature is considered as forbidden and everything added to it is incidental.


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:17
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:17](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:17)

אִילָן שֶׁהִבְרִיךְ מִמֶּנּוּ בַּד בָּאָרֶץ וְאַחַר כָּךְ נֶעֱקַר הָאִילָן כֻּלּוֹ וַהֲרֵי הוּא חַי מִן הַבַּד שֶׁהִבְרִיךְ בָּאָרֶץ נַעֲשָׂה אוֹתוֹ אִילָן כְּאִלּוּ עַתָּה נִטַּע וְחַיָּב בְּעָרְלָה. וּמוֹנֶה לָאִילָן וּלְמַה שֶּׁצָּמַח מִן הַהַבְרָכָה מִשָּׁעָה שֶׁנֶּעֱקַר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following rule applies when] a branch was extended from a tree and implanted in the earth and afterwards, the tree itself was entirely uprooted and it derives its nurture only from the branch implanted in the earth. The tree is considered as if it was planted at this time and the prohibition of *orlah* applies to it.⁵³ [The three years] are counted for the tree and for whatever grew from the implanted branch from the time it was uprooted.⁵⁴ were never counted for it. Even though the years of *orlah* were counted for the original tree, since it is now being considered as part of the implanted branch, we must count the years of *orlah* again.

footnotes:
⁵³ Since its original connection to the earth was severed, the tree is considered as having been planted at this time.
⁵⁴ For until then, whatever grew from the implanted branch was considered as part of the original tree and the years of orlah


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:18
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:18](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:18)

הֲרֵי שֶׁהִבְרִיךְ בַּד בָּאָרֶץ וְצָמַח. וְהִבְרִיךְ בַּד אֶחָד מִמַּה שֶּׁצָּמַח בָּאָרֶץ וְצָמַח. וְחָזַר וְהִבְרִיךְ מִן הַשְּׁלִישִׁי אֲפִלּוּ הֵן [מֵאָה] מְעֹרִין זֶה בָּזֶה הוֹאִיל וְלֹא נִפְסְקוּ מִן הָעִקָּר הָרִאשׁוֹן הַכּל מֻתָּר. וְאִם נִפְסַק עִקָּר הָרִאשׁוֹן מוֹנֶה לַכּל מִשָּׁעָה שֶׁנִּפְסַק:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a person extended a branch and implanted it in the earth and it grew, he then extended and implanted a branch from the new growth and it grew, and then he extended and implanted a branch from the third growth - and continued doing so even for 100 implants each connected with each other - since the connection with the primary plant has not been severed, all [of the fruit]⁵⁵ is permitted.⁵⁶ If [the connection to] the original plant is severed,⁵⁷ applies to them. [the *orlah* years] are counted from the time of the severance.

footnotes:
⁵⁵ Even from the later implants.
⁵⁶ Because they are all considered as part of the original plant.
⁵⁷ The implanted plants are considered as new entities and the prohibition of orlah


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:19
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:19](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:19)

אִילָן הַיּוֹצֵא מִן הַגֶּזַע פָּטוּר מִן הָעָרְלָה. מִן הַשָּׁרָשִׁים חַיָּב. יַלְדָּה פְּחוּתָה מִטֶּפַח חַיֶּבֶת בְּעָרְלָה כָּל שְׁנוֹתֶיהָ מִפְּנֵי שֶׁנִּרְאֵית כִּנְטִיעָה בַּת שְׁנָתָהּ. בַּמֶּה דְּבָרִים אֲמוּרִים בִּנְטִיעָה אַחַת אוֹ שְׁתַּיִם כְּנֶגֶד שְׁתַּיִם וְאַחַת יוֹצְאָה זָנָב. אֲבָל אִם הָיָה הַכֶּרֶם כֻּלּוֹ פָּחוֹת מִטֶּפַח הֲרֵי זֶה יֵשׁ לוֹ קוֹל וּמוֹנִין כְּדֶרֶךְ שֶׁמּוֹנִין לִשְׁאָר הָאִילָנוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
A tree which grows from a stump is exempt from the prohibitions of *orlah*.⁵⁸ [If it grows] from the roots,⁵⁹ 82a). the prohibition of *orlah* applies.⁶⁰
The prohibition of *orlah* applies to a dwarf vine which is less than a handbreadth high throughout its entire life,⁶¹ because it looks like a tree that is one year old. When does the above apply? To one tree or to [a group of five, planted in a pattern where] two are planted opposite another pair and a fifth is planted behind them.⁶² 7:7). Even though it is a separate entity, because it is small, it is subject to the above Rabbinic decree. If, however, an entire vineyard is less than a handbreadth high, it would be a matter of common knowledge and its age is calculated in the same way as other trees.

footnotes:
⁵⁸ For the new growth is considered as an extension of the previous tree.
⁵⁹ I.e., it did not have a portion that projects above the ground (Bava Batra
⁶⁰ For it is considered as an entirely new tree.
⁶¹ This is a Rabbinic decree, enacted for the reason stated by the Rambam.
⁶² This was a common pattern to plant trees and was referred to as "a small vineyard" (Hilchot Kilayim


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:20
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:20](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:20)

נוֹטְעִין יִחוּר שֶׁל עָרְלָה וְאֵין נוֹטְעִין אֱגוֹז שֶׁל עָרְלָה מִפְּנֵי שֶׁהוּא פְּרִי. וּפֵרוֹת עָרְלָה אֲסוּרִין בַּהֲנָאָה כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת אִסּוּרֵי מַאֲכָלוֹת. וְאִם עָבַר וְנָטַע אֱגוֹז שֶׁל עָרְלָה הֲרֵי הַצּוֹמֵחַ מֻתָּר כִּשְׁאָר הָאִילָנוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
We may plant a branch from a tree that is *orlah*,⁶³ applies only to the fruit and not to the plant as a whole [the Rambam's Commentary to the Mishnah (*Orlah*1:9)]. but we may not plant a nut that is *orlah*, because it is produce and it is forbidden to benefit from it, as we explained in *Hilchot Ma'achalot Assurot*.⁶⁴ If one transgressed and planted a nut that is *orlah*, [the tree] that grows from it is permitted like other trees.⁶⁵

footnotes:
⁶³ Because the prohibition against orlah
⁶⁴ Chapter 10, Halachah 9.
⁶⁵ It is even permitted to partake of its fruit, as explained in the following halachah.


###### Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:21
[Mishneh Torah, Second Tithes and Fourth Year's Fruit 10:21](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Second%20Tithes%20and%20Fourth%20Year%27s%20Fruit/r/10:21)

וְכֵן אֵין מַרְכִּיבִין כַּפְנִיּוֹת שֶׁל עָרְלָה בִּדְקָלִים מִפְּנֵי שֶׁהֵן כִּפְרִי. עָבַר וְהִרְכִּיב מֻתָּר שֶׁכָּל דָּבָר שֶׁיֵּשׁ לוֹ שְׁנֵי גּוֹרְמִין אֶחָד אָסוּר וְאֶחָד מֻתָּר הֲרֵי זֶה הַנִּגְרָם מִשְּׁנֵיהֶם מֻתָּר. לְפִיכָךְ הַצּוֹמֵחַ מִפֵּרוֹת עָרְלָה מֻתָּר שֶׁהֲרֵי גּוֹרֵם לִצְמֹחַ הַפְּרִי הָאָסוּר וְהָאָרֶץ הַמֻּתֶּרֶת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Similarly, one may not graft underdeveloped clusters of dates,⁶⁶). The standard published text of that work and similarly, the gloss of the Radbaz to this halachah understands the term differently. that are orlah, because they are considered as food. If one transgressed and grafted them, the fruits are permitted. [The rationale is that] whenever an entity has two causes, one forbidden⁶⁷ and one which is permitted,⁶⁸ since it comes as a result of both of them, it is permitted. Therefore [a plant] that grows from fruit that is *orlah* is permitted, because its growth was caused by the forbidden fruit and the earth which is permitted.

footnotes:
⁶⁶ Our translation is taken from Rav Kappach's translation of the Rambam's Commentary to the Mishnah (loc. cit.
⁶⁷ The date cluster.
⁶⁸ The permitted date tree.