meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Zeraim/Mishnah Orlah/English/Wikisource Mishna.txt"}
text: Mishnah Orlah
  משנה ערלה
  Wikisource Mishna
  
  
  Mishnah Orlah
  
  
  
  
  
  One who plants [a fruit tree] to serve as a fence or for beams, it is exempt from [the laws of] <i>Orlah</i> [the fruit of a tree during the first three years after its planting, the consumption or usage of which is forbidden]. Rabbi Yose says, even if he intended the inner side to be for fruit and the outer side to be a fence, the inside fruit is subject [to <i>Orlah</i>] while the outside is exempt.
  At the time that our forefathers came into the Land [of Israel], [and they] found [a tree] already planted, it was exempt [from the laws of <i>Orlah</i>]. If they planted [a fruit tree], even though [the Land] had not yet been conquered, it was subject. If one planted [a tree] for public use, it is subject. Rabbi Yehudah exempts it. If one planted [a tree] on public property, or if a non-Jew planted [a tree], or if a thief planted [a tree on property that was not his], or if one planted on a boat, or if it grew on its own, it is subject to <i>Orlah</i>.
  A tree that was uprooted together with its rock-soil [the hard soil which is wrapped around the roots], [or] was swept away in a flood by a river together with its rock-soil, [and one added more soil and it started growing again], if it could have lived [just from the rock-soil] it is exempt; if not, it is subject. Rock-soil that became detached from one side, or that a plow shook it off, or that he shook it off until it [the rock soil] turned into loose soil, [and one added more soil and it started growing again], if it could have lived it is exempt; if not, it is subject.
  A tree that was uprooted but one root remained is exempt. And how large must that root be? Rabban Gamliel says in the name of Rabbi Elazar the son of Yehudah of Bertota, as a stretching pin.
  A tree that was uprooted and it had a rooted shoot [a low lying branch which was bent and planted into the ground] and the tree is now deriving nourishment [only] from the [new] shoot, the old tree now assumes the status of the shoot. If one [bent and] rooted [a series of branches] year after year, and it [the first shoot] became detached, one counts [the number of years for the laws of <i>Orlah</i>] from the time it became detached. [As for] grafted shoots of vines, and grafted vine shoots growing on other grafted, vine shoots, even though he rooted them in the ground, they are permitted. Rabbi Meir says, in a case where the strength [of the graft] is great, it is permitted; but where the strength [of the graft] is lacking it is prohibited. (So too) regarding a [rooted] shoot which has become detached and it is full of fruit, if [the fruit] increased [in size] one two-hundredth part [after its detachment] it is prohibited.
  A shoot of <i>Orlah</i> or a shoot of <i>Kilayim</i> [a general term for the product of forbidden crossbreeding or working of certain animals with one another, planting together certain plants, or interweaving certain fibers] that became mixed up with [other] shoots - these, he must not gather. If he did gather them, it becomes neutralized in [a mixture of] two hundred and one, provided that he did not intentionally gather them. Rabbi Yose says, even if he gathered them deliberately [in order to neutralize them], it [still] becomes neutralized in two hundred and one.
  Leaves, sprouts, the sap of vines and vine buds, are permitted regarding [the laws of] <i>Orlah</i>, <i>Revai</i> [the fruit of a tree in the fourth year after its planting, which must be taken to Jerusalem and consumed there] and to a Nazirite, but are prohibited regarding [the laws of] <i>Asherah</i> [idolatrous tree of which all benefit is prohibited]. Rabbi Yose says, vine-buds are prohibited, because they are [considered] a fruit. Rabbi Eliezer says, if one curdles milk with the resin of <i>Orlah</i>, it is prohibited. Rabbi Yehoshua said, I have heard explicitly [i.e., I have a received tradition] that if one curdles with resin of leaves or the resin of roots, it is permitted; with the resin of unripe fruit, it is forbidden, because they are [considered] a fruit.
  Defective grapes, grape pits, grape skins, and wine made from [soaking] them [in water], the outer skin of the pomegranate and its sprout [at the top], nutshells, and fruit pits, are prohibited regarding <i>Orlah</i>, <i>Asherah</i>, and to a Nazirite, while they are permitted regarding <i>Revai</i>. Fruit that fell before becoming ripe are prohibited with regard to all [of the aforementioned laws].
  Rabbi Yose says, we may plant a shoot from an <i>Orlah</i> [tree], but we may not plant a nut from an <i>Orlah</i>, because it is a fruit. And one may not graft using palm branches [with dates] of an <i>Orlah</i>.