What are the implications of "ve'Chi Savo'u el ha'Aretz" - particularly bearing in mind that Orlah applies in Chutz la'Aretz Halachah le'Moshe mi'Sinai (Kidushin, 39a)?
Sifra: It implies that the La'av of Orlah will not come into effect until they cross the Yarden and arrive in Eretz Yisrael - and not from the time that they arrive in Eiver ha'Yarden.
Yerushalmi Orlah, 1:2 #1: It implies that what Nochrim planted in Eretz Cana'an before Yisrael entered the land is not subject to the Dinim of Orlah. 1
Yerushalmi Orlah, 1:2 #1: It implies that, once they enter Eretz Yisrael, the trees that they plant will be subject to Orlah - even before they have conquered the land and distributed it. 2
Oznayim la'Torah: Yisrael planted figs, grapes and pomegranates in the desert, which grew the same day that they were planted. 3 - For that to have any Halachic significance 4 it is obvious that the Din of Orlah did not apply to them. Therefore the Torah found it necessary to write "ve'Chi Savo'u el ha'Aretz - even though until then they were Patur.
Refer to 19:23:151:1.
Why does the Torah not add "Asher Ani Nosein lachem" or a similar Lashon, like it does in connection with the Omer (Emor, 23:10), with the Nesachim (Sh'lach-L'cha, Bamidbar, 15:2) and with Chalah (Sh'lach-L'cha, Bamidbar,15:18)?
Oznayim la'Torah: Because in those cases, Hashem is demanding something in his capacity as Master of the land, as opposed to here, where He is issuing a prohibition, and where consequenly, the statement "Ani Hashem Elokeichem" (in Pasuk 25) is more appropriate.
What is the meaning of "Va'araltem Orlaso es Piryo"?
Targum Onkelos and Targum Yonasan - It means that one should distance oneself from Orlah-fruit.
Ramban and Rashbam: and that is also what the word means when the Pasuk writes "Areil Leiv" - in Yechezkel, 44:9 and "Areilah Oznam" - in Yirmiyah, 6:10 (and "Aral Sefasayim" - in Vaeira Sh'mos, 6:12 - Ramban). See also Ramban (DH 've'Hizkir ha'Kasuv') as to why the Torah uses this expression here and not in connection with any other Isurei Hana'ah.
Rashi: In effect, it is Asur be'Hana'ah. See Rashbam.
Why does Hashem teach the Din of Orlah in Eretz Yisrael in the Torah, and in Chutz la'Aretz, via Halachah le'Moshe mi'Sinai?
Oznayim la'Torah (citing the Taz in Yoreh De'ah, 234:19): To draw a distinction between the two Dinim, inasmuch as Safek Orlah is Asur by the former but Mutar by the latter. 1
See Oznayim la'Torah, DH 've'Chi Savo'u ... ' #3, who elaborates..
From when does one begin counting the three years of Orlah?
Rashi: From the time of planting 1 - as is evident from the Pasuk itself.
See Sifsei Chachamim.
What are the implications of "Yih'yeh lachem Areilim"?
Rashi: It implies that the fruit that is detached during the first three years remains forbidden even after three years have elapsed. 1
What is the underlying reason behind the Mitzvah of Orlah?
Ramban #1 and Moshav Zekenim: In order to honor Hashem by bringing the first-fruit 1 - of the fourth 2 year to Hashem (to eat it in Yerushalayim) before eating of it oneself, as the Pasuk goes on to explain.
Ramban #2 (citing the Rambam in Moreh Nevuchim): Because the sorcerers of that time would pick the fruit prematurely and bring it as a sacrifice to their gods. Therefore to counter that practice, we pick the fruit when it is plentiful, and sacrifice it to Hashem.
Oznayim la'Torah: It is a sort of Kaparah on the sin of Adam ha'Rishon, who could not even wait until nightfall to make Kidush over a cup of wine from the Eitz ha'Da'as 3 - but drank the cup of wine that Chavah gave him during the day. 4
Ramban: In fact, it is similar to the Mitzvah of Bikurim.
Ramban and Moshav Zekenim: Since the fruit in the first three years is not fit to offer to Him, since it is sparse and is lacking in both taste and smell, and is even harmful to the body.
Oznayim la'Torah: According to the opinion that the Eitz ha'Da'as was a vine, Chavah squeezed grapes into a cup and gave it to Adam to drink.
Midrash Rabah: 'Who will remove the dust from your eyes, Adam ha'Rishon, who could not even keep your Mitzvah for one hour? And here are your children who wait for three years until the period of Orlah is over!' The Oznayim la'Torah writes this whilst explaining that the Torah uses the term 'Orlah' (which is normally confined to animals, plants or limbs of a person), because elsewhere man is compared to a tree. See Oznayim la'Torah, DH 'Va'araltem Orlaso' who elaborates on this idea.
Seeing as the Pasuk concludes "Lo Ye'achel", why does the Torah add the word "Kol Eitz Ma'achal"?
B'rachos, 36b: "Eitz Ma'achal" implies tree whose bark and fruit have the same taste in the Din of Orlah, with reference to a pepper-tree 1 - to teach us that Eretz Yisrael lacks nothing, 2 not even pepper-trees. 3
Yerushalmi, Orlah, 1:1: To confine Orlah to trees that are planted for food, but not if they are planted for building or for firewood. 4
See Ba'al ha'Turim, note 173.
As the Torah writes in Eikev Devarim, 8:9 "Lo Sechsar Kol bah".
See also Torah Temimah, note 177.
See Torah Temimah, note 178, who elaborates.
What is the word "Es Piryo" coming to include?
Brachos, 36b: It incorporates in the Din of Orlah the pits, the peel and the flowerry substance that are found on various species of fruit and that are secondary to it - because they protect the fruit.
B'rachos, 36b: It incorporates in the Din of Orlah grapes that the wind detached prematurely and half-ripe grapes.
What does "Piryo" preclude?
Chulin, 121a: It confines Malkos for Orlah to the juice of grapes and olives 1 - to preclude the juice of all other fruit. 2
Sifra: It comes to exempt from the Din of Orlah the leaves, the branches (or sprouts), juice from the vine and the sap of budding berries.
How does one reckon the years of Orlah?
Why does the Torah insert the (otherwise superfluous) word "Yih'yeh Lachem Areilim"?
Sifra: To teach us that the fruit of Orlah does not become permitted after the three years have terminated. 1
See Torah Temimah, note 185.
Why does the Torah insert the (otherwise superfluous) word "Yih'yeh Lachem Areilim"?
Pesachim, 22b: To include a communal tree in the Din of Orlah. 1 T
See Torah Temimah, note 186.
Why does the Torah insert the (otherwise superfluous) words "Orlaso" and "Areilim"?
Pesachim, 22b: To teach us that Orlah is Asur be'Hana'ah. 1
Pesachim (Ibid.): Such as for dyeing one's clothes or to use as fuel for lighting. See also Torah Temimah, note 187 .
Why does the Torah insert the phrase "ve'Chi Savo'u el ha'Aretz"?
Moshav Zekenim #1: It follows "ve'Nislach Lo" - in Pasuk 22, to hint that 'Someone who dwells in Eretz Yisrael dwells without sin'. 1
Kidushin 38b: Refer to 19:23:2:1.
Refer to 19:23:0.1:1-3.
See Kesuvos 111a.
What are the implications of the word "u'Netatem Kol Eitz Ma'achal"?
Rosh and Moshav Zekenim #1: It implies that it is a Mitzvah to plant fruit trees, 1 even if one is old and might not live to eat from the fruit. 2
Moshav Zekenim #2 (citing the Yerushalmi Orlah 1:1) and Seifer ha'Mitzvos: It implies that what a Nochri planted 3 is not subject to Orlah. 4
Rosh Hashanah, 9b: It includes Mavrich (grafting) and Markiv (transplanting a branch that is still atached to the tree into the ground) in the La'av of Orlah. 5
Sifra and Sotah, 43b: It precludes Mavrich (grafting) and Markiv (transplanting a branch that is still atached to the tree into the ground) from the La'av of Orlah.
Yerushalmi Orlah, 1:2: It incorporates in the Din of Orlah wherever the tree is planted - even inside the house. 6
Tosefta Orlah, Perek 1: It precludes a tree that grew by itself, from the Din of Orlah. 7
Rosh and Moshav Zekenim: We should learn from Hashem, who planted a garden in Eden (Bereishis 2:8).
Rosh and Moshav Zekenim cite a Midrash in which an old man received great reward for doing so.
Refer to 19:23:0.1:2.
Moshav Zekenim: Mar Yehudai Gaon maintains tht it is. Kidushin 38b exempts Safek Orlah in Chutz la'Aretz, but Vadai is forbidden, even though a Nochri planted it.
The Gemara is discussing where the owner cut off the branch from the parent-tree, whereas the Sifri and the Gemara in Sotah (in the following answer) are speaking where it is still attatched. See Torah Temimah, note 174.
See Torah Temimah, note 175
See Torah Temimah, who, citing the Mishnah there, includes them in the La'av - and resolves the discrepancy and elaborates.
