Could the Fruit on My Tree Be Orlah?

Question:

Recently, our school had several fruit trees planted for decorative and educational purposes. Someone told us that we must carefully collect the fallen fruits and bury them to make sure that no one eats them. Is there really an orlah prohibition in chutz la’aretz, and is it possible that these fully-grown trees are producing orlah fruits? If indeed we need to be concerned about orlah, do we also need to redeem the fruits of the tree in the fourth year?

Before we can answer these questions, we need to discuss the following topics:

  1. Is there a mitzvah of orlah in chutz la’aretz?
  2. Can a fully-grown tree possibly have a mitzvah of orlah? I thought orlah only applies to the first three years of a tree’s growth!
  3. Does orlah apply to an ornamental tree?
  4. Does the mitzvah of reva’ie apply in chutz la’aretz?

ORLAH

Introduction: The Torah (Vayikra 19:23) prohibits eating or benefiting from fruit grown on a tree during its first three years. Those fruits are called orlah and the prohibition of the Torah applies whether the tree was planted by a Jew or a gentile. The rules of orlah apply whether the tree grew in Eretz Yisroel or in chutz la’aretz, although many leniencies apply to trees growing in chutz la’aretz that do not apply to those growing in Eretz Yisroel (Mishnah Orlah 3:9). Orlah fruit must be burnt to guarantee that no one benefits from them (Mishnah Temurah 33b); in addition, Rav Shlomoh Zalman Auerbach, zt”l, ruled that one must remove orlah fruits as soon as they begin to grow to prevent someone from mistakenly eating them.

REVA’IE

The Torah (Vayikra 19:24) teaches that the fruit a tree produces the year following its orlah years has a unique halachic status called reva’ie. One may eat this fruit only within the area surrounded by the original city walls of Yerushalayim and only if one is tahor, a status that is virtually unattainable today, as we have no ashes of a parah adumah. However, the Torah permitted us to redeem reva’ie by transferring its sanctity onto coins that must be treated with special sanctity. After performing this redemption, the reva’ie fruit loses all special reva’ie laws, and one may eat it wherever one chooses to and even if one is tamei. We will discuss later whether reva’ie applies outside Eretz Yisroel.

Why does orlah apply in chutz la’aretz? Is it not an agricultural mitzvah that should apply only in Eretz Yisroel (Mishnah Kiddushin 36b)?

The Gemara (Kiddushin 39a; Mishnah Orlah 3:9) teaches that orlah in chutz la’aretz has a special status. Although it is true that agricultural mitzvos usually apply only in Eretz Yisroel, a special halacha lemoshe misinai teaches that the mitzvah of orlah applies in chutz la’aretz. (A halacha lemoshe misinai is a law Hashem taught Moshe Rabbeinu at Har Sinai that has no source in the written Torah.) However, this particular halacha lemoshe misinai came with an intriguing leniency.

QUESTIONABLE ORLAH

The usual rule is that in a case of doubt whether or not something is prohibited, if the prohibition is a Torah one must rule stringently and prohibit the item (Avodah Zarah 7a). Even though orlah in chutz la’aretz has the status of a Torah prohibition, the halacha lemoshe misinai teaches that any doubt concerning a chutz la’aretz orlah fruit may be treated with a unique leniency. In Eretz Yisroel, one may not purchase fruit in a market without first determining whether there is a significant possibility that the fruit is orlah. In the case of orlah from chutz la’aretz, however, one is not required to research if the fruit is orlah. Even more so, the fruit is prohibited only if one knows for certain that it is orlah; if one is uncertain, it is permitted. Thus, doubtful orlah grown in chutz la’aretz is permitted even though definite orlah is prohibited min haTorah. This is indeed an anomaly.

This leads us to our next discussion point:

FULLY GROWN ORLAH TREES

  1. Can a fully-grown tree possibly have a mitzvah of orlah? I thought orlah only applies to the first three years of a tree’s growth!

In fact, someone may actually be the proud owner of a mature tree whose fruit is prohibited min haTorah because of orlah. How can this happen?

The Mishnah (Orlah 1:3) teaches that if a tree was uprooted and replanted, its orlah count sometimes begins anew. If the uprooted tree retained enough of its soil to survive, the old orlah count remains; if the tree was past its three orlah years, its fruit is permitted. But if the tree’s soil was removed from its roots during the uprooting, it is considered as planted anew, and its orlah count starts all over. Thus, halacha can consider a fully mature tree as newly planted.

The criterion for determining whether the tree is halachically new or old is whether the tree can survive with the soil still attached to its roots. However, the Mishnah omits one important detail: for how long must the tree be able to survive with that soil on its roots? Obviously, if the tree continues to grow for a long time, the small amount of soil on its roots will be insufficient. How much soil must the tree have on its roots in order that it not lose its orlah count?

The Rishonim dispute this question, some contending that soil for fourteen days is sufficient, while others require enough soil for considerably longer (see Beis Yosef, Yoreh Deah 394; Chazon Ish, Orlah 2:10-12). Since we rule leniently on orlah questions in chutz la’aretz, one may be lenient and permit a tree that has only enough soil to live for fourteen days. In Eretz Yisroel, many poskim rule that one must follow the stricter opinion.

It is important to note that, according to all opinions, if one replanted a tree with little or no soil attached, the tree is halachically considered as newly planted, and the next three years of fruit are orlah. The Torah not only prohibits one to eat these fruits, but also to benefit from them – or even give them to a non-Jewish neighbor.

HOW COMMON IS THIS?

How often is a mature, replanted tree considered new for orlah purposes?

According to the expert I contacted:

“In most parts of the United States, fruit trees sold in late winter and very early spring are usually ‘bare-root,’ meaning no soil around the roots but rather some material, like wood shavings, just to keep them moist. Unsold trees are then potted into bucket-size pots or bags of soil. The trees begin to grow as spring progresses and the tree leafs out. The nurseryman is being perfectly honest when he says it is a three-year-old tree — except that for orlah count, it is year one because the tree was replanted without soil. This problem is very common with many varieties of fruit trees that lose their leaves in autumn, such as pears, plums, peaches, cherries, apricots and nuts.”

The same expert pointed out that there can be other orlah problems in chutz la’aretz, such as trees grafted onto a root stock that was cut down to less than a tefach above the ground. This case, which is apparently very common, is halachically orlah miderabbanan (see Sotah 43b). This would apply even with a potted tree that never lost its soil. The orlah count begins again from when the tree is replanted.

WHAT DO I ASK THE GARDENER?

When purchasing a fruit tree from a nursery or gardener, what questions should one ask?

According to the horticultural halachic expert I asked, the most common, and unfortunately little known, problem is not orlah but kilayim, mixing of species. We are referring to the problem of harkavas ilan, grafting of a fruit tree onto the stock of a different species, which also applies outside of Eretz Yisroel.  More information on this topic can be found on under the title “May a Non-Jew Own a Nectarine Tree? For That Matter, May a Jew?

In regards to orlah, both of the above-mentioned problems could, and frequently do, occur: The tree may be replanted into your yard as bare-root, or it may be grafted onto a short stock. In either case, the fruit that now grows qualifies halachically as orlah.

Other orlah problems may occur. Here is a common case: Someone purchased a tree from a nursery where the soil was still attached to its root; the tree’s root ball was wrapped in burlap and tied. (The nursery industry calls this type of tree “balled and burlapped.”) When purchasing such a tree, one should try to verify when the tree was planted, and also whether the soil ball fell off while replanting the tree, which is a common occurrence. All of these affect whether the fruits of the tree are orlah, and for how many years.

I will share with you one more case that some authorities consider an orlah problem. Some people grow fruit trees in pots and move them outdoors for the summer and back indoors for the winter. Some opinions contend that moving this tree outdoors is considered replanting it, particularly if the pot is placed on earth, and means that the fruit of this tree is always orlah!

III. ORLAH ON ORNAMENTAL TREES

If one plants a tree with no intention of using its fruit, is the fruit prohibited because of orlah?

The Mishnah (Orlah 1:1) rules that fruit growing on a tree planted as a barrier or hedge, for lumber, or for firewood is not orlah. The reason for this leniency is that the Torah states that the mitzvah of orlah applies “when you plant a tree for food” (Vayikra 19:23), and these trees are not meant for food. Perhaps, the planting of our ornamental fruit trees is included in this leniency and their fruit is not orlah?

Unfortunately, this is not true. The Yerushalmi (Orlah 1:1) rules that this leniency applies only to trees planted in a way that makes it clear to an observer that they are not planted for their fruit. Examples of this are trees planted too close together for the proper growth of their fruit, or trees pruned in a way that the lumber will develop at the expense of the fruit. However, people usually do not grow ornamental trees in a way that demonstrates that they have no interest in the fruit.

Most poskim rule like this Yerushalmi (Rosh, Hilchos Orlah 1:2; Tur Yoreh Deah 294), including the Shulchan Aruch (Yoreh Deah 294:23). (Note that the Rambam [Maaser Sheni 10:2] does not quote this Yerushalmi as normative halacha. Those interested in researching why the Rambam seems to ignore the Yerushalmi should research the explanation of the Rashas to the Yerushalmi and the comments of the Beis Yosef on the above-quoted Tur.)

Many years ago, when I was a rav in Baltimore, someone asked me a shaylah that is very germane to this discussion. He had planted a hopvine and asked me whether there was an orlah or reva’ie prohibition involved in this plant. Knowing only that hops are used as an ingredient in beer, I asked him what a “hopvine” is and why one would plant it. He answered that it is an ivy runner that climbs the walls of a building. He had planted the vine primarily because he liked the ivy cover for his house, but also because he was interested in brewing his own beer, using organically grown hops. At that time I was under the impression that there was certainly an orlah problem, since he also planned to harvest the fruit. But what would happen if the planter had no interest in the fruit and was simply interested in the vine’s aesthetics? Would that absolve the vines from the mitzvah of orlah? I leave it to the reader to ponder this issue.

I subsequently discovered that hops are not an orlah concern for a totally different reason: Although hops do not need to be planted annually, halachically they are not considered trees, since their shoots die off in the winter and re-grow each year. Such a plant is called a herbaceous perennial plant, not a tree, and is not subject to the halachos of orlah. Nevertheless, the concept of planting a tree for a purpose other than using its fruit is very halachically germane.

DOES REVA’IE APPLY TO FRUITS GROWN OUTSIDE ERETZ YISROEL?

Does the mitzvah of reva’ie apply in chutz la’aretz as the mitzvah of orlah does, or is it treated like other agricultural mitzvos that apply only in Eretz Yisroel? The Rishonim debate this question and its answer depends on two other interesting disputes. The first, mentioned in the Gemara (Brachos 35a), is whether the mitzvah of reva’ie applies only to grapes or to all fruits. According to some opinions, the mitzvah of reva’ie applies only to grapes (see Tosafos, Kiddushin 2b s.v. esrog); according to a second opinion, it applies to all fruits (see Brachos 35a); and according to a third approach, the mitzvah applies min haTorah only to grapes, but it applies midirabbanan to all fruits (see Tosafos, Kiddushin 2b s.v. esrog).

A second dispute is whether the mitzvah of reva’ie applies outside the land of Israel, like the mitzvah of orlah, or whether it follows the general rule of most other agricultural mitzvos and applies only in Eretz Yisroel (Tosafos, Kiddushin 2b s.v. esrog and Brachos 35a s.v. ulimaan; Gra, Yoreh Deah 294:28). The logical question here is whether reva’ie is an extension of the mitzvah of orlah, in which case the halacha lemoshe misinai that orlah applies in chutz la’aretz extends to reva’ie. On the other hand, it may be that reva’ie is a separate legal concept, totally unrelated to the mitzvah of orlah. If the latter is true, reva’ie should be treated like any other agricultural mitzvah and would not apply in chutz la’aretz.

We should bear in mind that even if we conclude that reva’ie applies in chutz la’aretz, it applies only when these fruits are definitely obligated in reva’ie. If the fruit might be from a later year, one may eat the fruit without any kashrus concern. If the chutz la’aretz fruit may be third year (orlah) or may be fourth (reva’ie), one may be lenient and redeem the fruit as one treats reva’ie.

How do we rule?

There are three opinions among the poskim:

(1) Reva’ie applies to the fruit of all trees growing outside Eretz Yisroel.

(2) Reva’ie applies only to grapes, but not to other fruit trees of chutz la’Aretz. This opinion assumes that since there is an opinion that even in Eretz Yisroel reva’ie does not apply to species other than grapes, one may be lenient with regard to chutz la’aretz and treat the fruits as a safek.

(3) Reva’ie does not apply in chutz la’Aretz.

These last poskim contend that the halacha lemoshe misinai forbidding orlah in chutz la’aretz applies only to orlah, but not to reva’ie, which is a separate mitzvah. Concerning reva’ie, we follow the general rule that agricultural mitzvos apply only in Eretz Yisroel, thus exempting these fruits from the mitzvah of reva’ie.

How do we paskin?

Shulchan Aruch (Yoreh Deah 294:7) quotes the first and third opinions, but rules primarily like the first opinion, that the mitzvah of reva’ie does apply outside of Eretz Yisroel. Rama and Gra both rule like the second opinion that it applies only to grapes outside of Eretz Yisroel and not to other fruits. Therefore, Ashkenazim may be lenient and need not redeem fourth-year fruits grown outside of Eretz Yisroel except for grapes, whereas Sefardim must redeem them.

CONCLUSION

Note that the Torah states: And in the fourth year, all its fruit shall be holy for praises to Hashem. Only in the fifth year may you eat its fruit – therefore, it will increase its produce for you, for I am Hashem your G-d (VaYikra 19:23- 25). We see that Hashem, Himself, promises that He will reward those who observe the laws of the first four years with abundant increase in the tree’s produce in future years. May we soon see the day when we can bring our reva’ie and eat it betaharah within the rebuilt walls of Yerushalayim!

The author thanks Rabbi Shmuel Silinsky for his tremendous assistance in providing agricultural information for this article.

 

Could the Fruit on My Tree Be Arlah?

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Question:

Recently, our school had several fruit trees planted for decorative and educational purposes. Someone told us that we must carefully collect the fallen fruits and bury them to make sure that no one eats them. Is there really an arlah prohibition in chutz la’aretz, and is it possible that these fully grown trees are producing arlah fruits? If indeed we need to be concerned about arlah, do we also need to redeem the fruits of the tree in the fourth year?

Before we can answer these questions, we need to discuss the following topics:

I. Is there a mitzvah of arlah in chutz la’aretz?

II. Can a fully-grown tree possibly have a mitzvah of arlah? I thought arlah only applies to the first three years of a tree’s growth!

III. Does arlah apply to an ornamental tree?

IV. Does the mitzvah of reva’ie apply in chutz la’aretz?

I. ARLAH

Introduction: The Torah (VaYikra 19:23) prohibits eating or benefiting from fruit grown on a tree during its first three years. Those fruits are called arlah and the prohibition of the Torah applies whether the tree was planted by a Jew or a gentile, and whether it grew in Eretz Yisroel or in chutz la’Aretz, although many leniencies apply to trees growing in chutz la’Aretz that do not apply to those growing in Eretz Yisroel (Mishnah Arlah 3:9). Arlah fruit must be burnt to guarantee that no one benefits from them (Mishnah Temurah 33b); in addition, Rav Shlomoh Zalman Auerbach, zt”l ruled that one must remove arlah fruits as soon as they begin to grow to prevent someone from mistakenly eating them (heard orally from Rabbi Shmuel Silinsky).

REVA’IE

The Torah (VaYikra 19:24) teaches that the fruit a tree produces the year following its arlah years has a unique halachic status called reva’ie. One may eat this fruit only within the area surrounded by the original city walls of Yerushalayim and only if one is tahor, a status that is virtually unattainable today as we have no ashes of a parah adumah. However, the Torah permitted us to redeem reva’ie by transferring its sanctity onto coins which must be treated with special sanctity. After performing this redemption, the reva’ie fruit lose all special reva’ie laws and one may eat them wherever one chooses to and even if one is tamei. We will discuss later whether reva’ie applies outside Eretz Yisroel.

Why does Arlah apply in chutz la’aretz? Is it not an agricultural mitzvah that should not apply outside Eretz Yisroel (Mishnah Kiddushin 36b)?

The Gemara (Kiddushin 39a; Mishnah Arlah 3:9) teaches that arlah in chutz la’aretz has a special status. Although it is true that agricultural mitzvos usually apply only in Eretz Yisroel, a special halacha leMoshe miSinai teaches that the mitzvah of arlah applies in chutz la’aretz. (A halacha leMoshe miSinai is a law Hashem taught Moshe Rabbeinu at Har Sinai that has no source in the written Torah.) However, this particular halacha leMoshe miSinai came with an intriguing leniency.

QUESTIONABLE ARLAH

The usual rule is that in a case of doubt whether or not something is prohibited, one must rule stringently and prohibit the item a Torah law is involved (Gemara Avodah Zarah 7a). Even though arlah in chutz la’aretz has the status of a Torah prohibition, the halacha leMoshe miSinai teaches that any doubt concerning whether a chutz la’aretz fruit is arlah may be treated with a unique leniency. In Eretz Yisroel, one may not purchase a fruit in a market without first determining whether there is a significant possibility that the fruit is arlah. In the case of arlah from chutz la’aretz, however, one is not required to research if the fruit is arlah. Even more, the fruit is prohibited only if one knows for certain that it is arlah and if one is uncertain it is permitted. Thus, doubtful arlah grown in chutz la’aretz is permitted even though definite arlah is prohibited min haTorah.

This leads us to our next discussion point:

FULLY GROWN ARLAH TREES

II. Can a mature tree possibly have a mitzvah of arlah? I thought arlah only applies to the first three years of a tree’s growth!

Today someone living in chutz la’aretz may actually be the proud owner of a mature tree whose fruit is prohibited min haTorah because of arlah. How can this happen?

The Mishnah (Arlah 1:3) teaches that if a tree was uprooted and replanted, its arlah count sometimes begins anew. If the uprooted tree retained enough of its soil to survive, the old arlah count remains and if the tree was past its three arlah years its fruit are permitted. But if the tree’s soil was removed from its roots during the uprooting, it is considered as planted anew and its arlah count starts all over. Thus halacha can consider a fully mature tree that has been transplanted as newly planted.

What determines whether the tree is halachically new or old? The criterion is whether the tree can survive with the soil still attached to its roots. However, the Mishnah omits one important detail: for how long must the tree be able to survive with that soil on its roots? Obviously, if the tree continues to grow for a long time, the small amount of soil on its roots will be insufficient. How much soil must the tree have on its roots to maintain its post-arlah status?

The Rishonim dispute this question, some contending that soil for fourteen days is sufficient, while others require enough soil for considerably longer (see Beis Yosef, Yoreh Deah 394; Chazon Ish, Arlah 2:10-12). Since we rule leniently on arlah questions in chutz la’aretz, one may be lenient and permit a tree that has only enough soil to live for fourteen days. In Eretz Yisroel, many poskim rule that one must follow the stricter opinion.

It is important to note that, according to all opinions, if one replanted a tree with little or no soil attached, the tree is halachically considered as newly planted and the next three years of fruit are arlah. The Torah not only prohibits eating these fruits, but even benefiting from them – or even giving them as a present to a non-Jewish neighbor.

HOW COMMON IS THIS?

How often is a mature, replanted tree considered new for arlah purposes?

According to the expert I contacted:

“In most parts of the United States, fruit trees sold in late winter and very early spring are usually bare root, meaning no soil around the roots but rather some material, like wood shavings, just to keep them moist. Unsold trees are then potted into bucket-size pots or bags of soil which begin to grow as spring progresses and the tree leafs out. The nurseryman is being perfectly honest when he says it is a three-year-old tree — except that for arlah count it is in year one because it was replanted without soil. This problem is very common with many varieties of fruit trees that lose their leaves in autumn such as pears, plums, peaches, cherries, apricots, and nuts.”

The same expert pointed out that there can be other arlah problems in chutz la’aretz, such as trees grafted onto a root stock that was cut down to less than a tefach above the ground. This case, which is apparently very common, is halachically arlah miderabbanan (see Gemara Sotah 43b). This would apply even with a potted tree that never lost its soil. The arlah count begins over from when the tree is replanted.

WHAT DO I ASK THE GARDENER?

When purchasing a fruit tree from a nursery or gardener, what questions should one ask?

According to the horticultural- halachic expert I asked, the most common, and unfortunately little known, problem is not arlah but kilayim, mixing of species, or more specifically, harkavas ilan, grafting of a fruit tree onto the stock of a different species –which also applies outside of Eretz Yisroel.

In regards to arlah, both of the previously mentioned problems could, and frequently do, happen: The tree may be replanted into your yard as bare-root, or it may be grafted onto a short stock that halachically qualifies the fruit that now grow as arlah.

Other arlah problems may occur. Here is a common case: Someone purchased a tree from a nursery where the soil was still attached to its root; the tree’s root ball was wrapped in burlap and tied. (This type of tree is called “balled and burlaped” in the nursery industry.) When purchasing such a tree, one should try to verify when the tree was planted, and also whether the soil ball fell off while replanting the tree, which is a common occurrence. All of these affect whether the fruits of the tree are arlah, and for how many years.

I will share with you one more case that some authorities consider an arlah problem. Some people grow fruit trees in pots and move them outdoors for the summer and back indoors for the winter. Some opinions contend that moving this tree outdoors is considered replanting it, particularly if the pot is placed on earth, and means that the fruit of this tree is always arlah!

III. ARLAH ON ORNAMENTAL TREES

If one plants a tree with no intention of using its fruit, is the fruit prohibited because of arlah?

The Mishnah (Arlah 1:1) rules that fruit growing on a tree planted as a barrier or hedge, for lumber, or for firewood are not arlah. The reason for this leniency is that the Torah states that the mitzvah of arlah applies “when you plant a tree for food” (VaYikra 19:23), and these trees are not meant for fruit. Perhaps the planting of our ornamental fruit trees is included in this leniency and their fruit is not arlah?

Unfortunately, this is not true. The Yerushalmi (Arlah 1:1) rules that this leniency applies only to trees planted in a way that makes it clear to an observer that they are not planted for their fruit. Examples of this are trees planted too close together for the proper growth of their fruit, or trees pruned in a way that the lumber will develop at the expense of the fruit. However, people usually do not grow ornamental trees in a way that demonstrates that they have no interest in the fruit.

Most poskim rule like this Yerushalmi (Rosh, Hilchos Arlah 1:2; Tur Yoreh Deah 294) including the Shulchan Aruch (Yoreh Deah 294:23). (Note that the Rambam [Maaser Sheni 10:2] does not quote this Yerushalmi as normative halacha. Those interested in researching why the Rambam seems to ignore the Yerushalmi should research the explanation of the Rashas to the Yerushalmi and the comments of the Beis Yosef on the above-quoted Tur.)

Many years ago when I was a rav in Baltimore, someone asked me a shaylah that is very germane to this discussion. He had planted a hopvine and asked me whether there was an arlah or reva’ie prohibition involved in this plant. Knowing only that hops are used as an ingredient in beer, I asked him what a “hopvine” is and why would one plant it? He answered that it is an ivy runner that climbs the walls of a building. He had planted the vine primarily because he liked the ivy cover for his house, but also because he was interested in brewing his own beer using organically grown hops. At that time I was under the impression that there was certainly an arlah problem since he also planned to harvest the fruit. But what would happen if if the planter had no interest in the fruit and was simply interested in the vine’s aesthetics? Would that absolve the vines from the mitzvah of arlah? I leave it to the reader to ponder this issue.

I subsequently discovered that hops are not an arlah concern for a totally different reason: Although hops do not need to be planted annually, halachically they are not considered trees since their shoots die off in the winter and re-grow each year. Such a plant is called a herbaceous perennial plant, not a tree, and is not subject to the halachos of arlah. Nevertheless, the concept of planting a tree not for its fruit is very halachically germane.

IV. DOES REVA’IE APPLY TO FRUITS GROWN OUTSIDE ERETZ YISROEL?

Does the mitzvah of reva’ie apply in chutz la’aretz as the mitzvah of arlah does, or is it treated like other agricultural mitzvos that apply only in Eretz Yisroel? The Rishonim debate this question and its answer depends on two other interesting disputes. The first, mentioned in the Gemara (Brachos 35a), is whether the mitzvah of reva’ie applies only to grapes or to all fruits. According to some opinions, the mitzvah of reva’ie applies only to grapes (see Tosafos, Kiddushin 2b s.v. esrog); according to a second opinion, it applies to all fruits (see Gemara Brachos 35a); and according to a third approach, the mitzvah applies min haTorah only to grapes, but it applies midirabbanan to all fruits (see Tosafos, Kiddushin 2b s.v. esrog).

A second dispute is whether the mitzvah of reva’ie applies outside the land of Israel, like the mitzvah of arlah, or whether it follows the general rule of most other agricultural mitzvos and applies only in Eretz Yisroel (Tosafos, Kiddushin 2b s.v. esrog and Brachos 35a s.v. ulimaan; Gra, Yoreh Deah 294:28). The logical question here is whether reva’ie is an extension of the mitzvah of arlah, in which case the halacha leMoshe miSinai that arlah applies in chutz la’aretz extends to reva’ie. On the other hand, it may be that reva’ie is a separate legal concept totally unrelated to the mitzvah of arlah. If the latter is true, reva’ie should be treated like any other agricultural mitzvah and would not apply in chutz la’aretz.

We should bear in mind that even if we conclude that reva’ie applies in chutz la’aretz, it applies only when these fruits are definitely obligated in reva’ie. If the fruit might be from a later year, one may eat the fruit without any kashrus concern.

How do we rule?

There are three opinions among the poskim:

(1) Reva’ie applies to the fruit of all trees growing outside Eretz Yisroel.

(2) Reva’ie applies only to grapes, but not to other fruit trees of chutz la’Aretz. This opinion assumes that since there is an opinion that even in Eretz Yisroel reva’ie does not apply to species other than grapes, one may be lenient with regard to chutz la’aretz and treat the fruits as a safek.

(3) Reva’ie does not apply in chutz la’Aretz.

These last poskim contend that the halacha leMoshe miSinai forbidding arlah in chutz la’aretz applies only to arlah, but not to reva’ie, which is a separate mitzvah. Concerning reva’ie, the general rule that agricultural mitzvos only apply in Eretz Yisroel applies, thus exempting these fruits from the mitzvah of reva’ie.

How do we paskin?

Shulchan Aruch (Yoreh Deah 294:7) quotes the first and third opinions, but rules primarily like the first opinion that the mitzvah of reva’ie does apply outside of Eretz Yisroel. Rama and Gra both rule like the second opinion that it applies only to grapes outside of Eretz Yisroel and not to other fruits. Therefore, Ashkenazim may be lenient and need not redeem fourth-year fruits grown outside of Eretz Yisroel except for grapes, whereas Sefardim must redeem them.

HASHKAFAH OF TU B’SHVAT AND ARLAH

We all know that Tu B’Shvat is the “Rosh Hashanah” for trees, but what does that mean? Do the trees ignite fireworks on their New Year? Does Hashem judge their deeds and misdeeds and grant them a fruitful year or otherwise, chas v’shalom? (In actuality, the Mishnah in Mesechta Rosh Hashanah teaches that the judgment for trees is on Shavuos, not Tu B’Shvat!).

The truth is that the arboreal New Year does indeed have major halachic ramifications for man, who is compared to a tree (see Rashi, Bamidbar 13:20); these ramifications are intimately bound up with the arlah count that depends on Tu B’shvat. As Rav Shimshon Raphael Hirsch explains, by observing Hashem’s command to refrain from the fruits of his own property, one learns to practice the self-restraint necessary to keep all pleasure within the limits of morality.

While nibbling on the fruit this Tu B’Shvat, we should think through the different halachic and hashkafah ramifications that affect us.

The author thanks Rabbi Shmuel Silinsky for his tremendous assistance in providing agricultural information for this article.

Flavor and Fragrance – The Bracha on Fragrant Fruits

clip_image001In honor of the month of Shvat, and a bit before Tu Beshvat, I decided to send an article that explains the halachos of the bracha Hanosein rei’ach tov ba’peiros “He who bestows pleasant fragrances in fruits.” Many authorities prefer the version Asher nasan rei’ach tov ba’peiros, in past tense, “He who bestowed pleasant fragrances in fruits” (Eliyah Rabbah 216:5; Mishnah Berurah 216:9).

Here are some curious questions about this bracha that we need to resolve:

1.  Do we recite this bracha on a food that is not a fruit?

2. Assuming that we recite this bracha on any food, do we recite this bracha on a seasoning that is not eaten by itself, such as cinnamon or oregano?

3. If I am eating a fragrant fruit, do I recite a bracha when I smell it while I am eating it?

4. Do I recite this bracha when smelling a delicious cup of coffee or a freshly-baked pastry? After all, the coffee bean is a fruit, and the flour of the pastry is a grain, which is also halachically a fruit. As we will see, the answer to this question is not so obvious.

ORIGINS OF THE BRACHA “HANOSEIN REI’ACH TOV BA’PEIROS”

The Gemara (Berachos 43b) teaches that someone who smells an esrog or a quince should first recite Hanosein rei’ach tov ba’peiros.

Question: Why did Chazal institute a unique bracha for aromatic fruits?

Answer: Whenever one benefits from this world one must recite a bracha. Thus, Chazal instituted brachos that are appropriate for fragrances. However, all the other brachos on fragrance are not appropriate for smelling fragrant foods, since the other brachos praise Hashem for creating fragrances, whereas esrog and quince are not usually described as fragrances, but as foods that are fragrant. Therefore, Chazal established a special bracha for aromatic fruits (see Beis Yosef, Orach Chayim end of Chapter 297).

It is noteworthy that although quince is still considered a fruit for the purpose of this bracha even though it is not edible raw. More on this question later…

DO WE RECITE THIS BRACHA ON FRAGRANT FOODS THAT ARE NOT FRUITS?

This leads us to a fascinating halachic discussion with a surprising conclusion.

A BRACHA ON SMELLING BREAD?

Several early poskim contend that one should recite a bracha before smelling hot fresh bread (Beis Yosef, Orach Chayim Chapter 297, quoting Avudraham and Orchos Chayim). However, when discussing what bracha one should recite, these poskim contend that mentioning besamim (such as the brachos of Borei isvei besamim or Borei minei besamim) is inappropriate since bread is not a fragrance but a food that has a pleasant fragrance. It is also inappropriate to recite on it Hanosein rei’ach tov ba’peiros, since it is not a fruit. We therefore find some authorities who conclude that one should recite Hanosein rei’ach tov bapas, “He who bestows pleasant fragrance in bread.” Indeed, one contemporary posek rules that someone who smells fresh cookies should recite Hanosein rei’ach tov ba’ugah, “He who bestows pleasant fragrances in cake.”

However the Beis Yosef and other poskim disagree, contending that one does not recite a bracha before smelling bread or cake, pointing out that the Gemara and the early halachic sources never mention reciting a bracha before smelling bread. These poskim contend that we do not recite a bracha on smelling bread because its fragrance is not significant enough to warrant a bracha (Beis Yosef, Chapter 297).

This creates a predicament, since according to the “early poskim,” one may not smell bread without first reciting a bracha, whereas according to the Beis Yosef, reciting a bracha on its fragrance is a bracha recited in vain! The only way of resolving this predicament is by trying not to smell fresh bread, which is the conclusion reached by the Rama (216:14).

(Incidentally, the Rama’s ruling teaches a significant halacha about the rule of safek brachos li’kula, that we do not recite a bracha when in doubt. Although one may not recite a bracha when in doubt, one also may not smell a fragrance or taste a food without reciting the bracha because that would be benefiting from the world without a bracha. This halacha applies whenever someone has a doubt about reciting a bracha.)

The concept, introduced by the Beis Yosef, that one recites a bracha only on a significant fragrance is hard to define. What is considered significant? The following is an example in which poskim dispute whether a fragrance is considered significant.

WAKE UP AND SMELL THE COFFEE!

The Mishnah Berurah (216:16) rules that someone who smells fresh-roasted ground coffee should recite a bracha of Hanosein rei’ach tov ba’peiros. However, the Kaf HaChayim (216:86), one of the great Sefardic poskim, rules that it is uncertain whether the fragrance of coffee is significant enough to warrant a bracha. Thus, most Sefardim will not recite a bracha prior to smelling fresh-roasted coffee, whereas those who follow the Mishnah Berurah would recite a bracha before smelling roasted coffee beans.

As we have discussed, although some poskim (Avudraham and Orchos Chayim) limit the bracha of Hanosein rei’ach tov ba’peiros to fruits, other poskim contend that this bracha should be recited before smelling any fragrant food. This dispute influences the next discussion.

DO WE RECITE HANOSEIN REI’ACH TOV BA’PEIROS ON A FRAGRANT SEASONING?

The question here is what defines an edible fruit for the purposes of this bracha. Do we recite Hanosein rei’ach tov ba’peiros only on fruit or do we recite it on any edible item? Furthermore, is a flavoring or seasoning considered a food for the purposes of this bracha or not?

Spices that are used to flavor but are themselves never eaten, such as bay leaves, are not considered a food. For this reason, there is no requirement to separate terumos and maasros on bay leaves even if they grew in Eretz Yisroel (Tosafos Yoma 81b; Derech Emunah, Terumos 2:3:32). A seasoning that is never eaten by itself, but is eaten when it is used to flavor, such as cinnamon, oregano, or cloves is questionable whether it is considered a food, and we separate terumos and maasros without a bracha; if eaten by itself, it does not recite a bracha of borei pri ha’eitz or borei pri ha’adamah (Shulchan Aruch, Orach Chayim 202:16). What bracha do we recite before smelling a seasoning?

CINNAMON, SPICE AND EVERYTHING NICE

What bracha does one recite before smelling cinnamon?

The Tur quotes a dispute between the Rosh, who contends that the bracha is Hanosein rei’ach tov ba’peiros, and the Maharam, who contends that one should recite Borei atzei besamim. In the Rosh’s opinion, cinnamon should be treated as a food. Thus, we may assume that he contends that the bracha before smelling all spices is Hanosein rei’ach tov ba’peiros, even though they are not eaten by themselves. We can also draw a conclusion from this Rosh that we recite the bracha Hanosein rei’ach tov ba’peiros even on the bark of a tree that is eaten, such as cinnamon. Thus in his opinion, the word ba’peiros in the bracha should be translated as food rather than as fruit. (In truth, the word pri in the bracha Borei pri ha’adamah should also not be translated as fruit, since we recite it on stems, roots, and leaves when we eat celery, carrots, and lettuce.)

On the other hand, the Maharam contends that Hanosein rei’ach tov ba’peiros is inappropriate, presumably because cinnamon is usually not eaten by itself. Alternatively, the Maharam may hold that Hanosein rei’ach tov ba’peiros is inappropriate for cinnamon because it is a bark and not a fruit.

Either way, many Ashkenazi poskim rule it is a safek whether the bracha on cinnamon is Hanosein rei’ach tov ba’peiros or Borei atzei besamim and therefore one should recite borei minei besamim (Eliyah Rabbah 216:9; Mishnah Berurah 216:16). Many Sefardim recite Borei atzei besamim before smelling cinnamon (Yalkut Yosef 216:4). Everyone agrees that the bracha before smelling cinnamon leaf is Borei atzei besamim.

AND THE LEMON SMELLS SO SWEET!

But the fruit of the poor lemon is impossible to eat! Is the bracha before smelling a lemon Hanosein rei’ach tov ba’peiros because it is after all a fruit, or do we recite a different bracha since it is too bitter to eat by itself?

Some poskim rule that one should recite Hanosein rei’ach tov ba’peiros before smelling lemons (Ginas Veradim 1:42; Yalkut Yosef 216:7), whereas others contend that one should recited Borei minei besamim before smelling a lemon, treating the lemon as a safek as to whether it is considered a fruit or not (Ketzos Hashulchan 62:9 in Badei Hashulchan).

However, this latter opinion causes one to wonder why the bracha before smelling a lemon is different from the bracha before smelling an esrog? After all, the Gemara teaches that before smelling an esrog we recite Hanosein rei’ach tov ba’peiros, although an esrog is also too bitter to eat. Possibly, the esrogim in the days of Chazal were less bitter and were edible. This is implied by the Gemara (Sukkah 36b), which mentions that Rav Chanina took a bite out of his esrog, something difficult to imagine doing to a contemporary esrog.

An alternative approach is that an esrog is a fruit because it can be made edible by adding sugar. However according to this reason, a lemon should also be considered a fruit, since one can eat candied lemon, which I presume would require the bracha of Borei pri ha’eitz (Vezos Ha’beracha pg. 366). Similarly, some people eat the slice of lemon they used to season their tea, and lemon is also eaten as a pudding or pie filling. I presume that the bracha on these items when eaten alone would be Borei pri ha’eitz. The fact that lemon cannot be eaten unsweetened should not affect what bracha we recite before eating or smelling lemon just as the bracha before smelling fresh quince is Hanosein rei’ach tov ba’peiros even though it is also not edible raw.

Furthermore, we noted above that Chazal instituted the bracha Hanosein rei’ach tov ba’peiros on fragrant fruits and foods because one cannot recite a bracha on them by calling them fragrances. Few people would describe lemon as a fragrance, but as a fruit.

Because of these reasons, I believe the bracha before smelling a lemon should be Hanosein rei’ach tov ba’peiros, but I leave it for the individual to ask their rav a shaylah.

Incidentally, the correct bracha to recite before smelling citrus blossoms or flowers is Borei atzei besamim, since the flower is not edible.

As a side point, one should be very cautious about eating esrog today. Esrog is not a food crop and it is legal to spray the trees with highly toxic pesticides. Because of the rule of chamira sakanta mi’isurah (the halachos of danger are stricter than that of kashrus), I would paskin that it is prohibited to eat esrogim today unless the owner of the orchard will vouch for their safety. Thus, although Aunt Zelda may have a great recipe for making esrog jam, substitute lemon or lime instead. Incidentally, the bracha on eating lemon jam should be Borei pri ha’eitz, which is additional evidence that the bracha before smelling a lemon is Hanosein rei’ach tov ba’peiros.

There is a major shaylah in halacha whether one may smell one’s esrog and hadasim during Sukkos. I have written a separate article on this subject.

EATING AND SMELLING A FRUIT

If I am eating a fragrant fruit, do I recite a bracha before I smell it even though I am not deliberately trying to?

One does not recite the bracha on fragrance if one is picking up the fruit to eat and happens to smell it at the same time (Shulchan Aruch, Orach Chayim 216:2). However, if one intends both to smell the food and also to eat it, then it would seem to be a question of dispute whether one should recites both brachos, Borei pri ha’eitz and Hanosein Rei’ach Tov ba’peiros. This issue is dependent on a dispute between poskim whether one recites a bracha on a fragrant item that is intended to be used for another purpose. I analyzed this subject in a different article in which I discussed when one should not recite a bracha before smelling a fragrance.

WHICH BRACHA SHOULD I RECITE FIRST?

The poskim disagree as to whether one should first recite the bracha on eating the fruit because one gains a more significant benefit than from smelling it (Olas Tamid), or whether one should first recite the bracha on smelling it, since one will smell the fruit before he eats it (Eliyahu Rabbah 216:6). The Mishnah Berurah (216:10) rules that one should recite the bracha on smelling the fruit first, although he also cites another suggestion: have in mind not to benefit from the fragrance until after one has recited the bracha on eating it and has tasted the fruit. Then, recite Hanosein rei’ach tov ba’peiros and benefit from the fragrance.

Many poskim state that the custom today is to not make a bracha on smelling a fruit unless it has a pronounced aroma (see Vezos Haberacha pg. 174). For this reason some hold that one should not make a bracha when smelling an apple since apples are often not that fragrant, but one could recite a bracha when smelling guava which is usually much more aromatic. (However, note that Rambam and Mishnah Berurah [216:8] mentions reciting a bracha before smelling an apple, although it is possible that the apples they had were more fragrant than ours.)

The Gemara (Berachos 43b) teaches “How do we know that one must recite a bracha on a fragrance, because the pasuk (Tehillim 150:6) says, ‘Every neshamah praises Hashem,’ – What exists in the world that the soul benefits from, but not the body? Only fragrance.”

Although the sense of smell provides some physical pleasure, it provides no nutritional benefit. Thus, smell represents an interface of the spiritual with the physical. Similarly, we find that we are to offer korbanos as rei’ach nicho’ach, a fragrance demonstrating one’s desire to be close to Hashem. We should always utilize our abilities to smell fragrant items as a stepping stone towards greater mitzvah observance and spirituality.

The author acknowledges the tremendous assistance provided by Rabbi Shmuel Silinsky for the horticultural information used in researching this article.