1)

ORLAH OF A GRAFTED TREE (Yerushalmi Orlah Perek 1 Halachah 2 Daf 4a)

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(a)

(Beraisa): If a Nochri grafted a fruit tree onto a barren tree - even though a Yisrael may not do so, it is obligated in Orlah.

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(b)

From when does he count the years of Orlah [for a graft onto a barren tree]? It is from when he planted [the barren tree].

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(c)

Limitation (Reish Lakish): This is only for [grafting onto] matters that can have intent [for food], like carobs of Tzalmon and carobs of Giduda (they are inferior, but sometimes people intend to eat them), but [if he grafted onto something truly barren, e.g.] willow, this is like planting in the ground (he counts the years of Orlah from when he grafted it).

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(d)

(R. Yochanan): It is even for willow.

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(e)

Question (Mishnah): One may not plant, be Mavrich (insert a branch into the ground, and a new growth comes out of the ground elsewhere) or graft in Erev Shevi'is less than 30 days before Rosh Hashanah. If he planted, was Mavrich or grafted, it must be uprooted (lest people see that its years of Orlah are counted from Shevi'is, and think that he planted it in Shevi'is);

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1.

According to Reish Lakish, he can explain [that he grafted] onto willow, it is fine. According to R. Yochanan, who says that even onto willow [is counted from when he planted], why is [a graft] uprooted? (Its years of Orlah are not counted from Shevi'is!)

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(f)

Answer: Here is different, for they bond in Shevi'is (it is as if he grafted in Shemitah. Presumably, R. Yochanan holds that also planting and Havrachah are forbidden for this reason, even without the concern lest people say that that he planted in Shemitah. - PF)

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(g)

Question: Where was this said [that years of Orlah are counted from when he grafted, which was the basis of the question against R. Yochanan - RIDVAZ]?

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(h)

Answer (Beraisa): If one plants, is Mavrich or grafts [at least] 30 days before Rosh Hashanah, it counts like a year [for Orlah], and he may keep it in Shemitah. Less than 30 days before Rosh Hashanah, it does not count like a year, and it is forbidden to keep it in Shemitah.

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(i)

Distinction: [We begin counting years of Orlah from Rosh Hashanah,] but the fruits of this planting are forbidden [like Orlah even in the fourth year, if Chanatah, i.e. budding] was before Tu bi'Shevat.

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(j)

(R. Yehoshua Uniya): The Beraisa does not mention grafting. (There is no source that years of Orlah are counted from when he grafted, so there was no question against R. Yochanan.)

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(k)

(R. Aba Mari): Even according to Reish Lakish, it does not mention grafting. B'Di'eved (if he grafted onto a willow, he counts from the grafting), but [a Yisrael may] not [do so] l'Chatchilah!

2)

A TREE IN A FLOWERPOT (Yerushalmi Orlah Perek 1 Halachah 2 Daf 4a)

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(a)

(R. Yitzchak bar Chakulah citing Chizkiyah): One who plants in a flowerpot without a hole, it is obligated in Orlah.

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(b)

(R. Yosi): This is because the roots penetrate it (and nurture from the ground).

() [" - ] .

(c)

R. Yitzchak bar Chakulah citing Chizkiyah said so in different words (R. SHLOMO SIRILIYO.) Does Cheres (earthenware) stand in front of (prevent penetration of) roots?! (SHA'AREI TORAS ERETZ YISRAEL)

[ ] .

(d)

Question (R. Yirmeyah): If one planted a pumpkin [in a flowerpot without a hole in which a tree grows], since [the flowerpot] is as if it is Nakuv (has a hole) regarding the tree, is it like Nakuv for Zera'im (does other vegetation in it also nurture from the ground? - GRA)

[ ( )] [ ] .

(e)

(R. Yochanan citing R. Yanai): A tree that one planted it in the house is obligated in Orlah and exempt from Ma'aseros, for it says "Aser Ta'aser Es Kol Tevu'as Zar'echa ha'Yotzei ha'Sadeh" (only what is planted in the field must be tithed).

' [ ] ' [ ] :

(f)

Shemitah is a question (whether or not it applies to it), for it says "v'Shavsah ha'Aretz Shabbos la'Shem" (this connotes everything growing from the ground), and it says "Sadcha Lo Sizra v'Karmecha Lo Sizmor" (only fields and vineyards).