Rabbinic JudaismJerusalem Talmud Orlah 1.1HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Orlah 1.1

The Jerusalem Talmud

Jerusalem Talmud Orlah 1.1

1
English · Heinrich W. Guggenheimer

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.

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English · Heinrich W. Guggenheimer

HALAKHAH: “If somebody plants for fences or building logs he is exempt,” etc. It is written (Lev. 19:23): “If you plant any food tree.” What is for food is obligated; for fencing, logs, or wood it is exempt. Then the one for food even if he intended it as a fence should be obligated! The verse says, “a food tree.”

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English · Heinrich W. Guggenheimer

Rebbi Yose understood the text from its beginning, from the meaning of what is said (Lev. 19:23): “Three years it shall be like ‘foreskin’ for you, it may not be eaten.” Does this not imply that the verse speaks about a fruit tree? Why does the verse say: “If you plant any food tree”? What is for food is obligated, for fencing, logs, or wood is exempt. Rebbi Jonah understood the text from its end, from the meaning of what is said (Lev. 19:25): “In the fifth year you shall eat its fruit, to increase its yield for you.” Does this not imply that the verse speaks about a fruit tree? Why does the verse say: “If you plant any food tree”? What is for food is obligated; for fencing, logs, or wood it is exempt.

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English · Heinrich W. Guggenheimer

It was stated: “Rabban Simeon ben Gamliel says, when has this been said? If he planted for fencing, logs, or wood, kinds appropriate for that use. If he planted an inappropriate kind it is obligated.” Rabban Simeon ben Gamliel said it correctly, what is the reason of the rabbis? Rebbi Zeïra said, if he changed the way it is usually planted: For wood tightly together, for logs cutting off branches, for a fence the location of the fence proves it.

5
English · Heinrich W. Guggenheimer

It was stated in the name of Rebbi Meïr: “All trees can be exempted by intention except olive and fig trees.” Rebbi Meïr is consistent since he says all trees are futile except olive and fig trees.

6
English · Heinrich W. Guggenheimer

It was stated in the name of Rebbi Simeon: The only kinds admitting an intention of exemption are three: [buckthorn], sycamore, and caper bush. Are these obligated for tithes? This is a dispute between Rebbi Abba bar Mamal and Rebbi Hila. They differed: If somebody kept his fruit trees for wood, Rebbi Abba bar Mamal said he is obligated, Rebbi Hila said he is exempted. Rebbi Abba bar Mamal said he is obligated, from the following: (Deut. 14:29) “The Levite shall come, because he has neither part nor inheritance with you.” You are obliged to give him from what you have but he has not. This excludes abandoned property for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal.

7
English · Heinrich W. Guggenheimer

Rebbi Hila in the name of Rebbi Yose said he is exempt, from the following: “If coriander is sown for its seed, its greenery is free.” Coriander is different since it has a different threshing floor. But he says from the following: “If someone keeps cabbage for seeds, his opinion is inoperative; for single stalks it is not inoperative.” Rebbi Jonah said, only if he collected greens. But if he did not collect greens, do we say that wood is subject to tithes?

8
English · Heinrich W. Guggenheimer

Are these forbidden because of robbery? Is wood not also forbidden because of robbery? What is his problem? For example, mulberry trees having no solidity.

9
English · Heinrich W. Guggenheimer

A buckthorn planted for buckthorn berries, a myrtle planted for myrtle berries, some Tannaïm stated: obligated, some Tannaïm stated: exempt. Rav Ḥisda said, he who said “obligated”, at a place where most are guarded; he who said “exempt”, at a place where the majority do not guard. Rebbi Yose asked, if it is at a place where most do guard why does he have to think, even if he did not think! Are we saying: Olive trees and fig trees only if the thinks about them? But even if one half do guard, one half do not guard! Rebbi Matthew understood this from the final statement: “At a place where the majority do not guard” even if he did not think it is exempt.

10
English · Heinrich W. Guggenheimer

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.

11
English · Heinrich W. Guggenheimer

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.

12
English · Heinrich W. Guggenheimer

Rebbi Simeon ben Yaqim asked before Rebbi Joḥanan: If he planted the lower part as fence but the upper part for food, or the lower part for food but the upper part as fence? He said to him, one is like the other, whether the upper part for food but the lower part as fence, or the lower part for food but the upper part as fence. How does one know? He brings a string and ties it as a sign: So far as fence, the excess for food.

13
English · Heinrich W. Guggenheimer

Rebbi Zeïra asked: One understands if the lower part is for a fence but the upper part for food, but the lower part for food but the upper part as fence? It grows out of something forbidden and you say so? Rebbi Zeïra follows his own opinion, as Rebbi Zeira said in the name of Rebbi Jonathan: An onion from kilaim in a vineyard which he removed from the soil and planted anew is forbidden even if it increases manifold, since growth of what is forbidden can never justify forbidden produce.

14
English · Heinrich W. Guggenheimer

If he planted as a fence and then thought to use it for food, it goes after his thought. [If he first thought to use it] for food and then thought to use it as a fence, his [intent] cannot be accepted. If he planted as a fence the first year and afterwards thought to use it for food, since he thought to obligate it is obligated. But did we not state: “Rebbi Yose says, even if the inner part is for food, the outer part as fence, the inner part is obligated but the outer is exempt”? There, what is for food is always for food, for a fence always for a fence, but here, since he proceeded with a thought of obligation, it is obligated.

15
English · Heinrich W. Guggenheimer

If he planted as a fence for three years, afterwards thought to use it for food, and it grew more? Rebbi Jeremiah said the addition is exempt, Rebbi Abba said the addition is obligated. Rebbi Yose said, the opinion of Rebbi Jeremiah seems to be difficult but it is only reasonable, as we have stated: “If a field became one-third ripe in the possession of a Gentile and a Jew bought it, Rebbi Aqiba says the addition is exempt. But the Sages say, the addition is obligated.” In our case the stem is exempt and its addition should be obligated?

16
English · Heinrich W. Guggenheimer

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.

17
English · Heinrich W. Guggenheimer

It was stated: “If a tree is partially planted in the Land and partially outside the Land, since it is partially planted in the Land it is as if completely planted in the Land, the words of Rebbi. Rabban Simeon ben Gamliel says, the part planted in the Land is obligated, the part planted outside the Land is free.” Rebbi Abbahu in the name of Rebbi Joḥanan: It is as if ṭevel and tithed are mixed together.

18
English · Heinrich W. Guggenheimer

Rebbi Zeïra in the name of Rebbi Joḥanan: An exempt root exempts. Is that following Rebbi who said roots live off one another? It is the opinion of everybody. Here, an exempt root exempts. When you say that an exempt root exempts, [you deal with] an old root that expanded from its own ground to that of another’s; but if it extended from outside the Land into the Land it does not apply.

19
English · Heinrich W. Guggenheimer

An exempt root exempts. But did we not state: “Rebbi Yose says, even if the inner part is for food, the outer part as fence, the inner part is obligated but the outer is exempt”? Should not the outer part make the inner exempt? Rebbi Zeïra said it anonymously, Rebbi La in the name of Rebbi Eleazar: He might think about it to obligate it.

20
English · Heinrich W. Guggenheimer

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.

21
English · Heinrich W. Guggenheimer

If one bound it to an old tree it is exempt, to [a tree] outside the Land it is exempt. To a dedicated [tree] it is obligated, to the lower or upper part it is obligated. To a dedicated [tree] it is obligated because one might redeem it and make it obligated. To the lower part it is obligated because he might think about and obligate it.

22
English · Heinrich W. Guggenheimer

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.

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Jerusalem Talmud Orlah 1.1English
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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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