orlah

One must not make dates into honey, apples into wine, winter-grapes into vinegar, or change any other kind of fruit that is terumah or second tithe from their natural state, except olives and grapes. One does not receive forty lashes on account of orlah except with that which comes from olives and grapes. Liquids cannot be brought as first fruits, except with that which comes from olives and grapes. And no fruit juice is susceptible to uncleanness as liquids except with that which comes from olives and grapes. And nothing [that is derived from fruit] can be offered on the altar except with that which comes from olives and grapes.

A vineyard in its fourth year, they mark it with clods of earth, and of orlah with potter's clay, and graves with lime which is dissolved and poured on. Rabban Shimon ben Gamaliel said: When does this apply? In the seventh year. The conscientious used to put down money and say: any fruit gathered from this vineyard may be exchanged for this money.

One who plants [a fruit tree] as a fence or to provide wood beams, it is exempt from [the law of] orlah. Rabbi Yose says: even if he said “The inward [facing part of the tree] is for food, and the outward [facing part] is for a fence,” the inward [facing part] is subject [to orlah], and the outward [facing part] is exempt.

One who plants [a fruit tree] as a fence or to provide wood beams, it is exempt from [the law of] orlah. Rabbi Yose says: even if he said “The inward [facing part of the tree] is for food, and the outward [facing part] is for a fence,” the inward [facing part] is subject [to orlah], and the outward [facing part] is exempt.

If at the time when our ancestors came into the land and they found [a tree already] planted it was exempt [from the laws of orlah]. If they planted [a tree], even though they had not yet conquered [the land], it was subject [to orlah]. If one planted a tree for [the use of] the many, it is subject. But Rabbi Judah makes it exempt. If one has planted [a tree] in the public domain, or if a non-Jew has planted, or if a robber has planted, or one who plants on a boat, or [a tree] that has grown of itself, it is subject to orlah.

If at the time when our ancestors came into the land and they found [a tree already] planted it was exempt [from the laws of orlah]. If they planted [a tree], even though they had not yet conquered [the land], it was subject [to orlah]. If one planted a tree for [the use of] the many, it is subject. But Rabbi Judah makes it exempt. If one has planted [a tree] in the public domain, or if a non-Jew has planted, or if a robber has planted, or one who plants on a boat, or [a tree] that has grown of itself, it is subject to orlah.

If at the time when our ancestors came into the land and they found [a tree already] planted it was exempt [from the laws of orlah]. If they planted [a tree], even though they had not yet conquered [the land], it was subject [to orlah]. If one planted a tree for [the use of] the many, it is subject. But Rabbi Judah makes it exempt. If one has planted [a tree] in the public domain, or if a non-Jew has planted, or if a robber has planted, or one who plants on a boat, or [a tree] that has grown of itself, it is subject to orlah.

If a shoot of orlah or a vineyard in which seeds had been planted (kilayim), became mixed up with [other] shoots, behold one may not gather [the fruit]. But if one has gathered [it], it is neutralized in two hundred-and-one, provided that he did not act deliberately. Rabbi Yose says: even if he acted deliberately, it becomes neutralized in two hundred-and-one.

Leaves, sprouts, sap of vines, and vine-buds are permitted in respect of orlah and the laws of the fourth year, and to a nazirite, but are prohibited if they come from an Asherah [tree]. Rabbi Yose says: vine-buds are prohibited because they are fruit. Rabbi Eliezer said: if one curdles [milk] with the resinous substances of [a tree liable to] orlah, it is prohibited. Rabbi Joshua said: I have received an explicit tradition that if one curdles [milk] with the resinous substance of the leaves, or with the resinous substance of the roots, it is permitted, but with the resinous substance of the unripe berries, it is prohibited, because these are fruit.

Leaves, sprouts, sap of vines, and vine-buds are permitted in respect of orlah and the laws of the fourth year, and to a nazirite, but are prohibited if they come from an Asherah [tree]. Rabbi Yose says: vine-buds are prohibited because they are fruit. Rabbi Eliezer said: if one curdles [milk] with the resinous substances of [a tree liable to] orlah, it is prohibited. Rabbi Joshua said: I have received an explicit tradition that if one curdles [milk] with the resinous substance of the leaves, or with the resinous substance of the roots, it is permitted, but with the resinous substance of the unripe berries, it is prohibited, because these are fruit.

Defective grapes, grape kernels, grape husks, and the temed drink made from them, the peel of a pomegranate and its sprout, nutshells, and fruit-seeds, are all subject to the laws of orlah, asherah and a nazirite, but permitted in respect of a fourth year vineyard. Fallen unripe fruit is subject to all of them.

Rabbi Yose says: one may plant a shoot of orlah; But one may not plant a nut of orlah, because it is fruit. And one may not graft early date berries of orlah.

Rabbi Yose says: one may plant a shoot of orlah; But one may not plant a nut of orlah, because it is fruit. And one may not graft early date berries of orlah.

Rabbi Yose says: one may plant a shoot of orlah; But one may not plant a nut of orlah, because it is fruit. And one may not graft early date berries of orlah.

Terumah, terumat maaser of demai, hallah and bikkurim, are neutralized in a hundred-and-one mixture. And they are reckoned together [to form the statutory minimum]. And it is necessary to remove [from the mixture an amount equal to that of the consecrated produce contained in it]. Orlah and kilayim of the vineyard are neutralized in a two-hundred-and-one mixture. And they are reckoned together [to form the statutory minimum]. But it is not necessary to remove [from the mixture an amount equal to that of the consecrated produce contained in it]. Rabbi Shimon says: they are not reckoned together. Rabbi Eliezer says: they are reckoned together when they impart flavor, but not to prohibit.

Terumah can void orlah, and orlah can void terumah. How so? [For instance] a seah of terumah fell into one hundred, and afterwards three kavs of orlah or three kavs of mixed-seeds of the vineyard [fell in]. This is [an instance] where terumah goes towards neutralizing orlah, and orlah terumah.

Terumah can void orlah, and orlah can void terumah. How so? [For instance] a seah of terumah fell into one hundred, and afterwards three kavs of orlah or three kavs of mixed-seeds of the vineyard [fell in]. This is [an instance] where terumah goes towards neutralizing orlah, and orlah terumah.

Terumah can void orlah, and orlah can void terumah. How so? [For instance] a seah of terumah fell into one hundred, and afterwards three kavs of orlah or three kavs of mixed-seeds of the vineyard [fell in]. This is [an instance] where terumah goes towards neutralizing orlah, and orlah terumah.

Terumah can void orlah, and orlah can void terumah. How so? [For instance] a seah of terumah fell into one hundred, and afterwards three kavs of orlah or three kavs of mixed-seeds of the vineyard [fell in]. This is [an instance] where terumah goes towards neutralizing orlah, and orlah terumah.

Terumah can void orlah, and orlah can void terumah. How so? [For instance] a seah of terumah fell into one hundred, and afterwards three kavs of orlah or three kavs of mixed-seeds of the vineyard [fell in]. This is [an instance] where terumah goes towards neutralizing orlah, and orlah terumah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah. How so? A seah of orlah falls into two hundred [seahs] and afterwards there falls in a seah and a little bit more of orlah, or a seah and a little bit more of kilayim of the vineyard--this is [a case] where orlah can void kilayim, and kilayim [can void] orlah, and orlah [can void] orlah.

Whatever causes something to ferment, or seasons, or makes medumma with terumah, with orlah or with ‘mixed-seeds’ of the vineyard, is prohibited. Bet Shammai says: it also renders unclean. But Bet Hillel says: it never renders unclean unless it has the volume of an egg.

A garment dyed with peels of orlah [fruit] must be burned. If it became mixed up with other [garments], all of them shall be burned, the words of Rabbi Meir. But the sages say: it becomes neutralized in two-hundred-and-one.

If one dyed a thread the whole [length] of a sit with orlah peels, and wove it into a garment, and it is not known which [thread] it is: Rabbi Meir says: the garment must be burned; But the sages say: it becomes neutralized in two-hundred-and-one.

A dish which one cooked with shells of orlah must be burned. If [the dish] became mixed up with other [dishes], it becomes neutralized in two-hundred-and-one.

An oven that was lit with shells of orlah, and then one baked bread in it, the bread must be burned. If it became mixed up with other [loaves] it becomes neutralized in two-hundred-and-one.

For Rabbi Meir used to say: anything that is normally [sold] by counting causes [a mixture] to become consecrated [in even the smallest amount]. But the sages say only six things consecrate [a mixture in even the smallest amount], and Rabbi Akiba says seven [things]. And these are they: Nuts with soft shells; badan pomegranates; stopped-up casks; beet shoots; cabbage-heads; Greek pumpkins. Rabbi Akiba says: also loaves [baked by] a householder. To those to which orlah applies [they prohibit the mixture] as orlah, [to those of which] kilayim of the vineyard apply [they prohibit the mixture as] kilayim of the vineyard.

For Rabbi Meir used to say: anything that is normally [sold] by counting causes [a mixture] to become consecrated [in even the smallest amount]. But the sages say only six things consecrate [a mixture in even the smallest amount], and Rabbi Akiba says seven [things]. And these are they: Nuts with soft shells; badan pomegranates; stopped-up casks; beet shoots; cabbage-heads; Greek pumpkins. Rabbi Akiba says: also loaves [baked by] a householder. To those to which orlah applies [they prohibit the mixture] as orlah, [to those of which] kilayim of the vineyard apply [they prohibit the mixture as] kilayim of the vineyard.

Doubtful orlah: in the land of Israel is prohibited, in Syria is permitted, and outside the land one may go down and purchase [from a non-Israelite] as long as he has not seen him gathering it. A vineyard planted with vegetables [which are kilayim], and they [the vegetables] are sold outside of it: in the land of Israel these are prohibited, and in Syria they are permitted; outside the land one may go down and purchase them as long as he does not gather [them] with [one’s own] hand. New [produce] is prohibited by the Torah in all places. And orlah is a halachah. And kilayim are an enactment of the scribes.

Doubtful orlah: in the land of Israel is prohibited, in Syria is permitted, and outside the land one may go down and purchase [from a non-Israelite] as long as he has not seen him gathering it. A vineyard planted with vegetables [which are kilayim], and they [the vegetables] are sold outside of it: in the land of Israel these are prohibited, and in Syria they are permitted; outside the land one may go down and purchase them as long as he does not gather [them] with [one’s own] hand. New [produce] is prohibited by the Torah in all places. And orlah is a halachah. And kilayim are an enactment of the scribes.

An etrog is similar in three ways to [the fruit of an ordinary] tree, and in one way to a vegetable. It is similar to a tree in respect of orlah, fourth year plantings, and [the law of] the seventh year; And it is similar to a vegetable in one thing: that its tithing goes according to the time it is harvested, the words of Rabban Gamaliel. Rabbi Eliezer says: it is similar to a tree in all ways.

An etrog which is stolen or withered is invalid. One from an asherah or a condemned city is invalid. Of orlah or of unclean terumah it is invalid. Of clean terumah, he should not take it, but if he did take it, it is valid. Of demai (doubtfully-tithed): Bet Shammai says it invalid, And Bet Hillel says it valid. Of second tithe, it should not be taken [even] in Jerusalem, but if he took it, it is valid.

Every commandment which is dependent on the land is practiced only in the land [of Israel]; and every commandment which is not dependent on the land is practiced both in and outside the land, except orlah and kilayim. Rabbi Eliezer says: also [the prohibition of] new produce.

If he betroths [a woman] with orlah, or kilayim of the vineyard, or an ox condemned to be stoned, or the heifer whose neck is to be broken, or a leper’s bird-offerings, or a nazirite’s hair, or the first-born of a donkey, or meat [boiled] in milk, or non-sacred meat slaughtered in the Temple court, she is not betrothed. If he sells them and betroths [her] with the proceeds, she is betrothed.

And the following are to be burned: Chametz on Pesah is burned; Unclean terumah; Orlah; Kilayim (mixed seeds) in the vineyard--that which it is customary to burn is to be burned and that which it is customary to bury is to be buried. We may kindle with the bread and oil of [unclean] terumah.

Orlah and kilayim of the vineyard can combine with one another. Rabbi Shimon says: they do not combine. Cloth, sack-cloth, sack-cloth and leather, leather and matting combine with one another. Rabbi Shimon: What is the reason? Because these are all susceptible to the uncleanness caused by sitting.

It was stated: (Lev. 19:9) “The gathering of your harvest,” not the gathering of your plucking. Rebbi Zeïra, Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who collects ears for his dough in any quantity is free from peah. Rebbi Eleazar says, even with a sickle. Rebbi Yose said, only if he left some standing. Did we not state (Tosephta Peah 1:10): “If he had five vines and he harvested them and brought them into his house, he is free from fallen berries, from orlah, from the fourth year, but he is obligated for gleanings. Rebbi Yudan said, one for those which are fully ripe, one for those which are not fully ripe. Rebbi Yose said, you may even say that both deal with the case that they are fully ripe, or both deal with the case that they are not fully ripe. There if he wanted to eat them as grapes, here if he wanted to make them into wine, he may do so. This is informed from that and that is informed from this. This is informed from that, if he wants to eat them as rubbed ears [he may do so] even if he did not leave a remainder. That is informed from this, if he wants to drink them as wine [he may do so] only if he left a remainder.

HALAKHAH: There we have stated: “They permitted the use of sycamore figs from Temple trees. The Sages told them: Do you not agree with us that fruits from Temple property are forbidden? They said to them, when our forefathers dedicated them, they dedicated only the tree stems because of strong men who came and took them by force.” Do the rabbis mean to say that they dedicated tree stems and their fruits? Even if you say that they dedicated only the stems but not the fruits, the rabbis wonder whether if somebody dedicates an orchard, he may reserve the growth for himself. Let us hear from the following: “After the gleanings are recognizable, they belong to the poor.” That is different because nobody may dedicate anything that is not his own. Does that not mean that even if the gleanings were not yet recognizable, they should belong to the poor? That is different, because it is a vineyard for the Temple, as it was stated: “If somebody plants a vineyard for the Temple it is exempt from orlah, from the fourth year, and from gleanings, but it is subject to the Sabbatical year.”

It was stated: “A Gentile who was calling out, ‘come and buy fruits from me, they are from an orlah tree, they are from a vineyard in its fourth year,’ cannot be believed. If he says, ‘I brought them from a certain Gentile,’ he may be trusted for restrictions, the words of Rebbi. The Sages say, the words of a Gentile are irrelevant.” Rebbi Judan asked, what if he calls out when he is uninformed? Rebbi Judan asked, what if one holds that a Samaritan is like a Gentile, since they disagreed: “A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel says, a Samaritan is like a Jew in all respects”?

Rebbi Zeïra, Rebbi Simeon ben Laqish in the name of Rebbi Hoshaia: “If they produce greenery it should be plowed under:” all is permitted. “If they are green stalks, they should be broken:” the straw is permitted but the grains are forbidden. “If they produced grain it must be burned:” all is forbidden. Rebbi Joḥanan said, all is forbidden. What does our statement mean, “if they produce greenery it should be plowed under, if they are green stalks, they should be broken, if they produced grain it must be burned”? It parallels what we have stated there: “Orlah and kilaim of a vineyard. Anything that usually is buried should be buried. Anything that usually is burned should be burned.”

The caper bush. The House of Shammai say, it is kilaim in a vineyard but not with grains. The House of Hillel say, it is never kilaim, neither in a vineyard nor with grains. Both agree that it is subject to orlah. Rebbi Ḥinena bar Papa stated: Any plant that branches out from its stem is a tree; from its roots it is a vegetable. They objected: But cabbage forms its leaves from its stem! Here when it is sure, there when it is doubtful.

HALAKHAH: Rebbi Samuel bar Naḥman, Rebbi Jonathan, in the name of Rebbi Eliezer: He who prunes his vineyard down to less than a hand-breadth subjects it to orlah because of the bad appearance. The Sages say, only if he prunes down to the ground. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan, in the name of Rebbi Eliezer ben Jacob: He who forms a heap from gleanings, forgotten sheaves, and peah, is subject to the Great Heave because of the bad appearance. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan, Rebbi Eliezer ben Jacob in the name of the House of Shammai: A corpse in the public domain induces impurity four cubits around it, to sustain its dignity. Rebbi Mana said, this last statement is in the name of the House of Shammai; Rebbi Yose ben Rebbi Abun said, all are in the name of the House of Shammai. Rebbi Jonah said, also that which we stated here is because of the bad appearance. If it were not so, what would be the difference whether one stands on the ground or on the terrace?

Rebbi Simeon and Rebbi Eliezer ben Jacob said the same thing since Rebbi Samuel bar Naḥman, Rebbi Jonathan, said in the name of Rebbi Eliezer ben Jacob: He who prunes his vineyard down to less than a hand-breadth is subject to the rules of orlah because of the bad appearance. The Sages say, only if he prunes down to the ground.

Rebbi Zeïra said, once the new growth is the majority it is permitted; Rebbi Hila and Rebbi Immi both say it is forbidden. A baraita disagrees with Rebbi Hila and Rebbi Immi, as it was stated: “This is the rule Rebbi Simeon proclaimed in the name of Rebbi Joshua: For everything that may become permitted through some action, such as ṭevel, Second Tithe, donations to the Temple, and new grain, the Sages did not fix any limits, but a kind with its own is forbidden in the minutest amount, a kind with a different kind if it can be tasted. But for everything that cannot become permitted through any action, such as heave, ḥallah, and orlah, the Sages did fix as limit both a kind with itself or with a different kind if it can be tasted. They objected: but there is the Sabbatical that admits no act to permit it and the Sages did not fix a limit! He said to them, no. When you mention the Sabbatical, its produce is forbidden in the minutest amount only after it must be destroyed, but for food if it can be tasted.” What do they do with it? Rebbi Hila and Rebbi Immi explain it in mixtures, but as far as growing plants are concerned, this is more severe since Rebbi Zeïra said in the name of Rebbi Jonathan: An onion of kilaim in a vineyard, taken out of the ground and replanted, stays forbidden even if it grows enormously because growth of something forbidden cannot neutralize the prohibition. A Mishnah disagrees with Rebbi Zeïra as we have stated (Terumot 9:4): “A growth from heave is heave but the growth from its growth is profane. But the growth from ṭevel, First Tithe, aftergrowth of the Sabbatical, heave of the tithe, dema‘, and First Fruits is profane.” We have stated on this: “When is this true? If the seed disappears. But if the seed does not disappear even growth from growth is forbidden.” How does Rebbi Zeïra deal with this? He explains it that the sanctity of the Sabbatical applies when it must be destroyed, but for food once the new growth is the majority it is permitted.

Rebbi Pedat, Rebbi Assi, in the name of Rebbi Joḥanan: Rebbi Simeon follows that of Rebbi Joshua, as we have stated there: “Rebbi Joshua said, I heard that making curds with the sap of leaves or roots is permitted, with the sap of unripe fruits it is forbidden because that is a fruit.” Rebbi Zeïra said to Rebbi Pedat, since we say there that practice follows Rebbi Joshua, would you have to say here that practice follows Rebbi Simeon? Rebbi Jonah said, are the situations similar? It is the other way: Balsamum is essentially sap, a tree is essentially in its sap. The holiness of the Sabbatical falls on animal feed, but the holiness of orlah never falls on it. Rebbi Abun said, there is another one: Rebbi Joshua quoted it as a tradition, Rebbi Simeon said it in his own name.

Sap may be fruit, unripe fruits may be fruit. If you say that sap has the status of fruit, if he did it with heave it is forbidden. If you say that unripe fruits are fruit, if he did it with heave it is permitted. Why? Because usufruct of heave is permitted but usufruct of orlah is forbidden.

MISHNAH: One does not make honey from dates, or wine from apples, or vinegar from winter grapes, nor does one change any fruit of heave or second tithe from the way it grew except olives and grapes. Nobody endures the forty because of ‘orlah, except for produce of olives and grapes; one does not bring First Fruits as drinks except for products from olives and grapes. Nothing makes impure as a drink except what comes from olives and grapes. Nothing is presented on the altar except what comes from olives and grapes. The stalks of fresh figs, dried figs, kelisin, and carobs are forbidden to laymen.

The caper bush. The House of Shammai say, it is kilaim in a vineyard but not with grains. The House of Hillel say, it is never kilaim, neither in a vineyard nor with grains. Both agree that it is subject to orlah. Rebbi Ḥanina bar Papa stated: Any plant that branches out from its stem is a tree; from its roots it is a vegetable. They objected: But cabbage forms its leaves from its stem! Here when it is sure, there when it is doubtful.

MISHNAH: One marks a fourth-year vineyard with lumps of earth, one of ‘orlah with potsherds; graves with whitewash which is thinned and poured. Rebbi Simeon ben Gamliel said, when has this been said? In a Sabbatical year. But discreet religious persons set aside some coins and say, what is taken from here is exchanged for these coins.

It was stated: One marks a fourth-year vineyard with lumps of earth because it is temporary, one of ‘orlah with potsherds because it has to last longer; graves with whitewash because it has to last still longer. Rebbi Ḥalaphta ben Shaul stated: If [the ‘orlah trees] were isolated, one hangs amphora handles on them.

It was stated: One marks a fourth-year vineyard with lumps of earth because it is temporary, one of ‘orlah with potsherds because it has to last longer; graves with whitewash because it has to last still longer. Rebbi Ḥalaphta ben Shaul stated: If [the ‘orlah trees] were isolated, one hangs amphora handles on them.

MISHNAH: If somebody plants for fences or building logs he is exempt from ‘orlah. Rebbi Yose says, even if he says the inner part is for food, the outer part for a fence, the inner part is obligated but the outer is exempt.

Rebbi Joḥanan in the name of Rebbi Simeon ben Joẓadaq: A vine growing in a copse is exempt from ‘orlah. Rebbi Yose said, even if he planted it. But did we not state: “If it grew by itself it is obligated for ‘orlah”? There, when it was planted in a cultivated place, but here if it was planted in a copse. Rebbi Eleazar said, this means if its yield is not worth its tending but if its yield is worth its tending it is obligated.

Rebbi Joḥanan in the name of Rebbi Simeon ben Joẓadaq: A vine growing in a copse is exempt from ‘orlah. Rebbi Yose said, even if he planted it. But did we not state: “If it grew by itself it is obligated for ‘orlah”? There, when it was planted in a cultivated place, but here if it was planted in a copse. Rebbi Eleazar said, this means if its yield is not worth its tending but if its yield is worth its tending it is obligated.

Rav Ḥuna asked: If an etrog tree was planted for its obligation, is it obligated for ‘orlah? Rav Ḥuna came back and said: An etrog tree planted for its obligation is obligated for ‘orlah. Did we not state there: (Lev. 23:40) “You shall buy for yourselves” and not from the obligation? There, “you shall buy for yourselves” with money, not from the obligation. But here, as you say in the matter of shofar, (Lev. 23:24) “a day of blasts it shall be for you”, from anywhere. And here, (Lev. 19:23): “Three years it shall be like ‘foreskin’ for you, it may not be eaten,” in any way. What is the difference between this and him who guards his fruits to use as wood? He wants the tree itself just as he wants the fruits. But here, he wants the fruit and is not interested in the tree. In addition, as Rebbi Ḥanina said, (Lev. 23:40) “fruit”; if you say it is part of the tree nobody can acquit himself of his obligation on the holiday! What can be compared to it? An olive tree planted for light on Ḥanukkah. Rebbi Yose bar Abun said, one is biblical, the other rabbinic! And you say so? What can be compared to it? An olive tree planted to light the candelabrum; then both are biblical.

Rav Ḥuna asked: If an etrog tree was planted for its obligation, is it obligated for ‘orlah? Rav Ḥuna came back and said: An etrog tree planted for its obligation is obligated for ‘orlah. Did we not state there: (Lev. 23:40) “You shall buy for yourselves” and not from the obligation? There, “you shall buy for yourselves” with money, not from the obligation. But here, as you say in the matter of shofar, (Lev. 23:24) “a day of blasts it shall be for you”, from anywhere. And here, (Lev. 19:23): “Three years it shall be like ‘foreskin’ for you, it may not be eaten,” in any way. What is the difference between this and him who guards his fruits to use as wood? He wants the tree itself just as he wants the fruits. But here, he wants the fruit and is not interested in the tree. In addition, as Rebbi Ḥanina said, (Lev. 23:40) “fruit”; if you say it is part of the tree nobody can acquit himself of his obligation on the holiday! What can be compared to it? An olive tree planted for light on Ḥanukkah. Rebbi Yose bar Abun said, one is biblical, the other rabbinic! And you say so? What can be compared to it? An olive tree planted to light the candelabrum; then both are biblical.

Rebbi Joḥanan said, the words of Rebbi Ismael: Anything not subject to ‘orlah is not subject to the fourth year. Rebbi Joḥanan asked: Until it was subject to ‘orlah for three years? Rebbi Jonah said, he asked about the principle of ‘orlah and no principle of ‘orlah is less than three years. Rebbi Yose said, he asked about the principle of the fourth year; anything not having three years is not subject to ‘orlah and not subject to the fourth year.

Rebbi Joḥanan said, the words of Rebbi Ismael: Anything not subject to ‘orlah is not subject to the fourth year. Rebbi Joḥanan asked: Until it was subject to ‘orlah for three years? Rebbi Jonah said, he asked about the principle of ‘orlah and no principle of ‘orlah is less than three years. Rebbi Yose said, he asked about the principle of the fourth year; anything not having three years is not subject to ‘orlah and not subject to the fourth year.

Rebbi Joḥanan said, the words of Rebbi Ismael: Anything not subject to ‘orlah is not subject to the fourth year. Rebbi Joḥanan asked: Until it was subject to ‘orlah for three years? Rebbi Jonah said, he asked about the principle of ‘orlah and no principle of ‘orlah is less than three years. Rebbi Yose said, he asked about the principle of the fourth year; anything not having three years is not subject to ‘orlah and not subject to the fourth year.

Rebbi Joḥanan said, the words of Rebbi Ismael: Anything not subject to ‘orlah is not subject to the fourth year. Rebbi Joḥanan asked: Until it was subject to ‘orlah for three years? Rebbi Jonah said, he asked about the principle of ‘orlah and no principle of ‘orlah is less than three years. Rebbi Yose said, he asked about the principle of the fourth year; anything not having three years is not subject to ‘orlah and not subject to the fourth year.

Rebbi Joḥanan said, the words of Rebbi Ismael: Anything not subject to ‘orlah is not subject to the fourth year. Rebbi Joḥanan asked: Until it was subject to ‘orlah for three years? Rebbi Jonah said, he asked about the principle of ‘orlah and no principle of ‘orlah is less than three years. Rebbi Yose said, he asked about the principle of the fourth year; anything not having three years is not subject to ‘orlah and not subject to the fourth year.

Rebbi Assi in the name of Rebbi Joḥanan: Roots do not count. Rebbi Zeïra said to Rebbi Assi, did you hear that explicitly from Rebbi Joḥanan or did you discuss ‘orlah and this came up relating to First Fruits when he said, roots do not count? Rebbi Zeïra said, what we say, roots do not count, if the roots spread from outside the Land into the Land. But when they spread from the Land to outside the Land they do count.

Does Rebbi Yose follow Rabban Simeon ben Gamliel? He might even hold with Rebbi! ‘Orlah depends on one’s intention, tithes do not depend on his intention.

MISHNAH: When our forefathers came into the Land, what they found planted was exempt. If they planted even though they had not yet conquered, it was obligated. If somebody plants for the benefit of the public, it is obligated; Rebbi Jehudah exempts. If somebody plants on public property, the Non-Jew who planted, the robber who planted, and he who plants on a ship, are obligated for ‘orlah.

“If they planted even though they had not yet conquered, it was obligated.” Following Rebbi Ismael who said all “comings” said in the Torah refer to after 14 years, seven when they conquered and seven when they distributed? Rebbi Hila in the name of Rebbi Eleazar: Rebbi Ismael agrees in the cases of ḥallah and ‘orlah. It was also stated thus: (Num. 15:18) “At your coming,” because the verse changed its language, the Sages changed the terms of obligation.” Rebbi Jonah asked: Rebbi Ismael is inconsistent. There, he says “being” and “getting” is the same, “breaking” and “smashing” is the same, “redemption” and “deliverance” is the same, and here he takes note of a change in expression!

Rebbi Yose ben Rebbi Abun said, explain it following Rebbi Simeon ben Eleazar, as it was stated: “Rebbi Simeon ben Eleazar says in his name, if somebody plants for the public, it is obligated for ‘orlah. If it grew by itself it is exempt from ‘orlah.” If somebody plants for the public, it is obligated, in the public domain it is exempt. If somebody plants for the public, it is obligated as if he planted on his own property. In the public domain it is exempt, if he robbed real estate. Can real estate be robbed? Rebbi Hila said, even though real estate cannot be robbed, hope for recovery of real estate can be given up.

Rebbi Yose ben Rebbi Abun said, explain it following Rebbi Simeon ben Eleazar, as it was stated: “Rebbi Simeon ben Eleazar says in his name, if somebody plants for the public, it is obligated for ‘orlah. If it grew by itself it is exempt from ‘orlah.” If somebody plants for the public, it is obligated, in the public domain it is exempt. If somebody plants for the public, it is obligated as if he planted on his own property. In the public domain it is exempt, if he robbed real estate. Can real estate be robbed? Rebbi Hila said, even though real estate cannot be robbed, hope for recovery of real estate can be given up.

It was stated: “If a Gentile grafted a food-tree on a futile tree, even though a Jew is not permitted to do this, it is obligated for ‘orlah.” From when does one count ‘orlah? From the moment it is planted. Rebbi Simeon ben Laqish said, only those for which intent is important; for example carob trees from Ẓalmon or Gidud; but on a willow it is as if planted in the earth. Rebbi Joḥanan said, even on a willow. But did we not state: “One does not plant, sink, or graft in the year preceding a Sabbatical year later than thirty days before the New Year; if he planted, sank, or grafted it should be uprooted.” According to Rebbi Simeon ben Laqish who will explain it by grafting on a willow it is understandable. According to Rebbi Joḥanan who said even on a willow, why should it be uprooted? There is a difference because they unite in the Sabbatical year. And that is what has been said, “If somebody planted, sank, or grafted 30 days before the New Year, it counts for him as a full year and he is permitted to keep it in the Sabbatical year. Less than 30 days before the New Year, it does not count for him as a full year and he is not permitted to keep it in the Sabbatical year. Truly, they said, the fruits from this planting are forbidden until the fifteenth of Shevaṭ.” Rebbi Joshua from Ono stated: There is no “grafted” here. Rebbi Abba Mari said, even for Rebbi Simeon ben Laqish there is no “grafted” here; for the past, certainly not to start out with.

It was stated: “If a Gentile grafted a food-tree on a futile tree, even though a Jew is not permitted to do this, it is obligated for ‘orlah.” From when does one count ‘orlah? From the moment it is planted. Rebbi Simeon ben Laqish said, only those for which intent is important; for example carob trees from Ẓalmon or Gidud; but on a willow it is as if planted in the earth. Rebbi Joḥanan said, even on a willow. But did we not state: “One does not plant, sink, or graft in the year preceding a Sabbatical year later than thirty days before the New Year; if he planted, sank, or grafted it should be uprooted.” According to Rebbi Simeon ben Laqish who will explain it by grafting on a willow it is understandable. According to Rebbi Joḥanan who said even on a willow, why should it be uprooted? There is a difference because they unite in the Sabbatical year. And that is what has been said, “If somebody planted, sank, or grafted 30 days before the New Year, it counts for him as a full year and he is permitted to keep it in the Sabbatical year. Less than 30 days before the New Year, it does not count for him as a full year and he is not permitted to keep it in the Sabbatical year. Truly, they said, the fruits from this planting are forbidden until the fifteenth of Shevaṭ.” Rebbi Joshua from Ono stated: There is no “grafted” here. Rebbi Abba Mari said, even for Rebbi Simeon ben Laqish there is no “grafted” here; for the past, certainly not to start out with.

Rebbi Isaac bar Ḥaqola in the name of Ḥizqia: If somebody plants in a flower pot without a hole, it is subject to ‘orlah. Rebbi Yose said, because the roots break through it. Rebbi Jonah uses the expression: Clay vessels withstand roots. Rebbi Jeremiah asked: If he planted a gourd in it, since it is as if there were a hole for trees, is it like as if with a hole for vegetables?

Rebbi Joḥanan in the name of Rebbi Yannai: A tree planted inside a house is obligated for ‘orlah but free from tithes since it is written (Deut. 14:22): “You shall certainly tithe all yield of your seeds which comes from the field.” For the Sabbatical it is problematic since it is written (Lev. 25:5): “The Land shall celebrate a Sabbath for the Eternal.” And it is written (Lev. 25:6): “You shall not sow your field nor prune your vineyard.”

Rebbi Assi in the name of Rebbi Joḥanan: Roots do not count. Rebbi Zeïra said to Rebbi Assi, did you hear that explicitly from Rebbi Joḥanan or from his argument? As Rebbi Joḥanan said, moreover it was stated: “If someone dedicated and then planted, it is exempt from ‘orlah; planted and then dedicated, it is subject to ‘orlah.” You wanted to say, dedicated is exempt from ‘orlah, old is exempt from ‘orlah. But this is not comparable! Dedicated things can be redeemed and become obligated since he might think about it to obligate; can you [say] about an old tree that one might think about it to obligate?

Rebbi Assi in the name of Rebbi Joḥanan: Roots do not count. Rebbi Zeïra said to Rebbi Assi, did you hear that explicitly from Rebbi Joḥanan or from his argument? As Rebbi Joḥanan said, moreover it was stated: “If someone dedicated and then planted, it is exempt from ‘orlah; planted and then dedicated, it is subject to ‘orlah.” You wanted to say, dedicated is exempt from ‘orlah, old is exempt from ‘orlah. But this is not comparable! Dedicated things can be redeemed and become obligated since he might think about it to obligate; can you [say] about an old tree that one might think about it to obligate?

Rebbi Assi in the name of Rebbi Joḥanan: Roots do not count. Rebbi Zeïra said to Rebbi Assi, did you hear that explicitly from Rebbi Joḥanan or from his argument? As Rebbi Joḥanan said, moreover it was stated: “If someone dedicated and then planted, it is exempt from ‘orlah; planted and then dedicated, it is subject to ‘orlah.” You wanted to say, dedicated is exempt from ‘orlah, old is exempt from ‘orlah. But this is not comparable! Dedicated things can be redeemed and become obligated since he might think about it to obligate; can you [say] about an old tree that one might think about it to obligate?

Rebbi Assi in the name of Rebbi Joḥanan: Roots do not count. Rebbi Zeïra said to Rebbi Assi, did you hear that explicitly from Rebbi Joḥanan or from his argument? As Rebbi Joḥanan said, moreover it was stated: “If someone dedicated and then planted, it is exempt from ‘orlah; planted and then dedicated, it is subject to ‘orlah.” You wanted to say, dedicated is exempt from ‘orlah, old is exempt from ‘orlah. But this is not comparable! Dedicated things can be redeemed and become obligated since he might think about it to obligate; can you [say] about an old tree that one might think about it to obligate?

Rebbi Abbahu in the name of Rebbi Joḥanan: A citrus medica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; if [the tree] was attached to another tree even if [the fruit] grows much it is forbidden because growth of something forbidden cannot lift what is forbidden. Therefore, an attached young twig must be permitted because, if you say it is not permitted, even if it grows much it will be forbidden! Rebbi Zeïra in the name of the rabbis: A citrusmedica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; what was attached to another tree even if it grows much is forbidden; one whips for the size of an olive.

Rebbi Abbahu in the name of Rebbi Joḥanan: A citrus medica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; if [the tree] was attached to another tree even if [the fruit] grows much it is forbidden because growth of something forbidden cannot lift what is forbidden. Therefore, an attached young twig must be permitted because, if you say it is not permitted, even if it grows much it will be forbidden! Rebbi Zeïra in the name of the rabbis: A citrusmedica tree which formed flower buds subject to ‘orlah and the fruits grew when it was permitted; what was attached to another tree even if it grows much is forbidden; one whips for the size of an olive.

Rebbi Maisha said to Rebbi Zeïra: You say two things which contradict each other. Here you say, because growth of anything forbidden cannot lift what is forbidden; there you say one whips for the size of an olive. Should he not be whipped only in the proportion it contains? Rebbi Jonah said, in the first case it lives because of itself, in the second because of the attachment. Then if a citrus medica, which blossomed in an ‘orlah year and grew in an exempt year, is attached reciprocally to a tree of the same kind they will cleanse one another.

MISHNAH: If a sapling of ‘orlah or vineyard kilaim became mixed with [other] saplings, one should not harvest. If he harvested it can be lifted by one in two hundred on condition that he did not have the intention to harvest. Rebbi Yose says, he may intend to harvest; it will be lifted by one in two hundred.

HALAKHAH: “A sapling of ‘orlah or vineyard kilaim.” But no saplings are kilaim in a vineyard! So is the Mishnah: “A vegetable bed of vineyard kilaim.” Rebbi Yose ben Rebbi (the Mishnah: “A vegetable bed of vineyard kilaim.” Rebbi Yose ben Rebbi) Abun said, if he brought a flower pot and temporarily put it under a vine.

It was stated: Pomegranates of Bedan in case of doubt can be lifted, if certain cannot be lifted. It is the same on the ground. A doubt on the ground can be lifted, but the ground cannot lift. How is this? If a sapling of ‘orlah or vineyard kilaim became mixed with [other] saplings, (even) a case of doubt on the ground can be lifted, but the ground cannot lift. Rebbi Yudan asked: Is it the same for a cadaver? Rebbi Yudan turned around and said, a cadaver has no lifting, the ground has a lifting.

MISHNAH: Leaves, shoots, vine sap, and the flower are permitted for ‘orlah, the Fourth Year, and a nazir, but forbidden from a pagan sacred grove. Rebbi Yose said, the flower is forbidden because it is a fruit. Rebbi Eliezer says, it is forbidden to use ‘orlah sap as curd. Rebbi Joshua said, I heard explicitly that one is permitted to use sap of leaves and sap of roots as curd. But the sap of unripe figs is forbidden because that is a fruit. Anqoqlot, the grape skins, the grape seeds, and the afterwine made from them, pomegranate skins and their flowers, nut shells, and seeds are forbidden from ‘orlah, sacred groves, and for a nazir. They are permitted in the fourth year. Windfall is forbidden for all of these. Rebbi Yose said, one may plant an ‘orlah shoot but not an ‘orlah nut because the latter is a fruit. Also, one does not graft with spathe of ‘orlah.

MISHNAH: Leaves, shoots, vine sap, and the flower are permitted for ‘orlah, the Fourth Year, and a nazir, but forbidden from a pagan sacred grove. Rebbi Yose said, the flower is forbidden because it is a fruit. Rebbi Eliezer says, it is forbidden to use ‘orlah sap as curd. Rebbi Joshua said, I heard explicitly that one is permitted to use sap of leaves and sap of roots as curd. But the sap of unripe figs is forbidden because that is a fruit. Anqoqlot, the grape skins, the grape seeds, and the afterwine made from them, pomegranate skins and their flowers, nut shells, and seeds are forbidden from ‘orlah, sacred groves, and for a nazir. They are permitted in the fourth year. Windfall is forbidden for all of these. Rebbi Yose said, one may plant an ‘orlah shoot but not an ‘orlah nut because the latter is a fruit. Also, one does not graft with spathe of ‘orlah.

MISHNAH: Leaves, shoots, vine sap, and the flower are permitted for ‘orlah, the Fourth Year, and a nazir, but forbidden from a pagan sacred grove. Rebbi Yose said, the flower is forbidden because it is a fruit. Rebbi Eliezer says, it is forbidden to use ‘orlah sap as curd. Rebbi Joshua said, I heard explicitly that one is permitted to use sap of leaves and sap of roots as curd. But the sap of unripe figs is forbidden because that is a fruit. Anqoqlot, the grape skins, the grape seeds, and the afterwine made from them, pomegranate skins and their flowers, nut shells, and seeds are forbidden from ‘orlah, sacred groves, and for a nazir. They are permitted in the fourth year. Windfall is forbidden for all of these. Rebbi Yose said, one may plant an ‘orlah shoot but not an ‘orlah nut because the latter is a fruit. Also, one does not graft with spathe of ‘orlah.

MISHNAH: Leaves, shoots, vine sap, and the flower are permitted for ‘orlah, the Fourth Year, and a nazir, but forbidden from a pagan sacred grove. Rebbi Yose said, the flower is forbidden because it is a fruit. Rebbi Eliezer says, it is forbidden to use ‘orlah sap as curd. Rebbi Joshua said, I heard explicitly that one is permitted to use sap of leaves and sap of roots as curd. But the sap of unripe figs is forbidden because that is a fruit. Anqoqlot, the grape skins, the grape seeds, and the afterwine made from them, pomegranate skins and their flowers, nut shells, and seeds are forbidden from ‘orlah, sacred groves, and for a nazir. They are permitted in the fourth year. Windfall is forbidden for all of these. Rebbi Yose said, one may plant an ‘orlah shoot but not an ‘orlah nut because the latter is a fruit. Also, one does not graft with spathe of ‘orlah.

MISHNAH: Leaves, shoots, vine sap, and the flower are permitted for ‘orlah, the Fourth Year, and a nazir, but forbidden from a pagan sacred grove. Rebbi Yose said, the flower is forbidden because it is a fruit. Rebbi Eliezer says, it is forbidden to use ‘orlah sap as curd. Rebbi Joshua said, I heard explicitly that one is permitted to use sap of leaves and sap of roots as curd. But the sap of unripe figs is forbidden because that is a fruit. Anqoqlot, the grape skins, the grape seeds, and the afterwine made from them, pomegranate skins and their flowers, nut shells, and seeds are forbidden from ‘orlah, sacred groves, and for a nazir. They are permitted in the fourth year. Windfall is forbidden for all of these. Rebbi Yose said, one may plant an ‘orlah shoot but not an ‘orlah nut because the latter is a fruit. Also, one does not graft with spathe of ‘orlah.

MISHNAH: Leaves, shoots, vine sap, and the flower are permitted for ‘orlah, the Fourth Year, and a nazir, but forbidden from a pagan sacred grove. Rebbi Yose said, the flower is forbidden because it is a fruit. Rebbi Eliezer says, it is forbidden to use ‘orlah sap as curd. Rebbi Joshua said, I heard explicitly that one is permitted to use sap of leaves and sap of roots as curd. But the sap of unripe figs is forbidden because that is a fruit. Anqoqlot, the grape skins, the grape seeds, and the afterwine made from them, pomegranate skins and their flowers, nut shells, and seeds are forbidden from ‘orlah, sacred groves, and for a nazir. They are permitted in the fourth year. Windfall is forbidden for all of these. Rebbi Yose said, one may plant an ‘orlah shoot but not an ‘orlah nut because the latter is a fruit. Also, one does not graft with spathe of ‘orlah.

It was stated: “Rebbi Yose says the flower is forbidden because it is a fruit.” It is difficult! If it is forbidden for the nazir why a fruit? If it is a fruit it should be forbidden for everybody! The word of Rebbi Isaac implies that it is forbidden for everybody. Rebbi Isaac asked: Who stated “one does not graft with spathe of ‘orlah”? Rebbi Yose!

Rebbi Pedat, Rebbi Assi, in the name of Rebbi Joḥanan: Rebbi Simeon follows that of Rebbi Joshua, as we have stated there: “Rebbi Simeon says, balsamum is not subject to the Sabbatical because it is not a fruit.” Rebbi Zeïra said to Rebbi Pedat, since we say there that practice follows Rebbi Joshua, would you have to say here that practice follows Rebbi Simeon? Rebbi Jonah said, are the situations similar? It is the other way: Balsamum is essentially sap, a tree is not essentially in its sap. The holiness of the Sabbatical falls on animal feed, but the holiness of orlah never falls on it. Rebbi Abun said, there is another [difference]: Rebbi Joshua quoted it as a tradition, Rebbi Simeon said it in his own name. Sap may be fruit, unripe fruits may be fruit. If you say that sap has the status of fruit, if he did it with heave it is permitted. If you say that unripe fruits are fruit, if he did it with heave it is permitted. Why? Because usufruct of heave is permitted but usufruct of orlah is forbidden.

Rebbi Pedat, Rebbi Assi, in the name of Rebbi Joḥanan: Rebbi Simeon follows that of Rebbi Joshua, as we have stated there: “Rebbi Simeon says, balsamum is not subject to the Sabbatical because it is not a fruit.” Rebbi Zeïra said to Rebbi Pedat, since we say there that practice follows Rebbi Joshua, would you have to say here that practice follows Rebbi Simeon? Rebbi Jonah said, are the situations similar? It is the other way: Balsamum is essentially sap, a tree is not essentially in its sap. The holiness of the Sabbatical falls on animal feed, but the holiness of orlah never falls on it. Rebbi Abun said, there is another [difference]: Rebbi Joshua quoted it as a tradition, Rebbi Simeon said it in his own name. Sap may be fruit, unripe fruits may be fruit. If you say that sap has the status of fruit, if he did it with heave it is permitted. If you say that unripe fruits are fruit, if he did it with heave it is permitted. Why? Because usufruct of heave is permitted but usufruct of orlah is forbidden.

An ‘orlah walnut which one planted, and similarly, an egg of idol worship which turned into a chick. Rebbi Ḥaggai in the name of Rebbi Josia: Ḥizqiah and Cahana differ. Cahana said it is permitted, Ḥizqiah said it is forbidden. In the opinion of Ḥizqiah it should be impossible for an egg of idol worship to become a chick. What is this about? If someone squashed it, there is no chick. If he brought it inside the lattice enclosure, come and look: If he worshipped it it is not forbidden; because he brought it inside the grating should it be forbidden? Rebbi Yudan the father of Rebbi Mattaniah said, explain it if he used it to fence in the idol.