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Misva #246: Orla – The Forbidden Status of Fruits During a Tree’s First Three Years

Misva #246: Orla – The Forbidden Status of Fruits During a Tree’s First Three Years

FromSefer Hachinuch


Misva #246: Orla – The Forbidden Status of Fruits During a Tree’s First Three Years

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Jul 27, 2022
Format:
Podcast episode

Description

The Torah in Parashat Kedoshim (Vayikra 19:23) commands that after one plants a fruit tree, the fruits grown during the first three years may not be eaten. These fruits are called “Orla” and are forbidden for consumption. The reason behind this command is to train us to exercise discipline and self-restraint, as rather than immediately benefitting from the produce of trees which are planted, we abstain from them for several years in deference to G-d’s authority. The Torah here speaks of an “Etz Ma’achal” – a tree planted for food. Hence, this prohibition applies only to a tree planted for the purpose of producing fruit; if one plants a tree for wood, and it produces fruit, those fruits are not forbidden. However, if one planted a tree for wood and then changed his mind, deciding that he wishes to use the tree for fruit, then the prohibition of Orla applies and the fruits are forbidden during the first three years. The Torah formulates the prohibition with the expression “Et Piryo” (“its fruit”), and the Sages understood the word “Et” as indicating that the peel around the fruit is included in this prohibition. Thus, just as the fruits themselves are forbidden during the tree’s first three years, the peel around such fruit is forbidden for benefit, as well. This prohibition in all times, and to both men and women. The Torah introduces this command by stating, “When you enter the land,” implying that the prohibition of Orla applies only in the Land of Israel. However, the Rambam writes that a Halacha Le’Moshe Mi’Sinai – an oral tradition received by Moshe at Mount Sinai – extends this prohibition even to other regions. Hence, even fruit trees grown outside Israel are subject to the Orla prohibition. However, the Orla prohibition outside Israel differs from the prohibition which applies in Israel, in that outside Israel, “Safek Orla” – fruits whose Orla status is uncertain – is permissible. Normally, when it comes to laws forbidden by the Torah (as opposed to laws enacted by the Sages), we must act stringently in situations of doubt to avoid the possibility of transgressing. And, laws taught through Halacha Le’Moshe Mi’Sinai have the status of Torah law in this regard. Orla outside Israel marks an exception to this rule, as only fruits which one knows definitively to be Orla are forbidden. Accordingly, the Sefer Ha’hinuch writes that if someone takes fruit which he does not realize is Orla, his fellow who knows the fruit’s status does not have to inform him that the fruit is forbidden. Furthermore, the Rambam writes that one who intentionally eats Orla outside Israel receives Malkut only by force of Rabbinic enactment. This is in contrast to one who knowingly eats Orla in Israel, who is liable to Malkut on the level of Torah law. The later commentators explain that since there is no textual basis for forbidding Orla outside Israel – as the Torah speaks only of trees planted in Israel – one does not receive Malkut by force of Torah law for eating Orla outside Israel. Nevertheless, he does receive Malkut by force of Rabbinic enactment.
Released:
Jul 27, 2022
Format:
Podcast episode

Titles in the series (100)

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