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Part II: Yoreh De'ah


Grain (of any of the five species) that took root on or after the 16th of Nisan is forbidden until after the 16th of Nisan (outside the land of Israel: the 17th) of the following year (293:1-5).

It is forbidden to derive benefit from any part of a fruit that grows on a tree during the first three years after it was planted, but other parts of the tree are permitted (see 294:1-3,8,25-26), and if the fruit is planted, fruits that grow from it (after three years) are permitted (294:12). On sales or exchanges involving the fruit see 294:13-15. In this connection the year begins in Tishrei; the 44 days preceding Tishrei (i.e., the days beginning on the 16th of Av) count as a full year and the third year then extends until the 15th of Shevat; see 294:4-5. In the land of Israel "planting" includes grafting, propagating, and (complete) replanting (see 294:16-20,22); outside the land of Israel these are not included and doubtful new fruit is permitted (294:9-11, and see 28). The fruit of a miniature tree is treated like new fruit for appearance's sake, but if there are many such trees in one place their fruit is permitted after three years (294:21). The fruit that grows during the fourth year is treated like the second tithe (see Ch.28); when the Temple exists it must be eaten in Jerusalem or redeemed and the proceeds used to buy food in Jerusalem, but nowadays it is redeemed for a token amount (first reciting the blessing "...Who commanded us about redemption of fourth-year fruit") and the proceeds are destroyed (294:6-7). These laws apply to fruit planted anywhere and by anyone (294:25-26), but they do not apply to trees that were planted for purposes other than using their fruit (see 294:23-24,27).

Shulchan Aruch, Copyright (c) 2000 ProjectGenesis, Inc.



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