The prohibition on ''orlah'' fruit (lit. "uncircumcised" fruit) is a command found in the Bible not to eat fruit produced by a tree during the first three years after planting.
In rabbinical writings, the ''orlah'' prohibition () is counted as one of the negative commandments among the
613 commandments
According to Jewish tradition, the Torah contains 613 commandments ().
Although the number 613 is mentioned in the Talmud, its real significance increased in later medieval rabbinic literature, including many works listing or arranged by the . Th ...
. Outside of the land of Israel the prohibition also applies to a certain degree.
Etymology
The Hebrew word literally means "uncircumcised". The use of this term is explained by
Shlomo Ephraim Luntschitz
Shlomo Ephraim ben Aaron Luntschitz (1550 – 21 February 1619) was a rabbi and Torah commentator, best known for his Torah commentary .Although most write this as ''Keli Yakar'', "the second word should be ''Yekar''" (יְקָר), as the voweliza ...
as meaning "hidden and sealed" and it alludes to the creation itself.
Context
Commentators generally assume that the law was
good agricultural practice, and that early harvesting would conflict with careful cultivation and pruning during the first three years in order to insure later good harvests and allow maturing of the trees. Grape vines produce fruit in three to six years, almond trees produce some flower buds in the fourth year and some fruit in the fifth, and sources from the
Ancient Near East
The ancient Near East was home to many cradles of civilization, spanning Mesopotamia, Egypt, Iran (or Persia), Anatolia and the Armenian highlands, the Levant, and the Arabian Peninsula. As such, the fields of ancient Near East studies and Nea ...
suggest that a good crop of dates was expected in the fourth year. In discussing the commandment that the fruit could not actually be eaten until the fifth year, Rooker (2000) notes that in the
Code of Hammurabi
The Code of Hammurabi is a Babylonian legal text composed during 1755–1750 BC. It is the longest, best-organized, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian language, Akkadi ...
a tenant-gardener could not eat of the fruit of an orchard until the fifth year, when he shared the produce with the owner.
Rabbinical writings
The
Mishna
The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...
stipulates that Orlah fruit must be burnt to guarantee that no one benefits from them, and even a garment dyed by way of pigment derived from Orlah is to be destroyed. The ancient custom in the Land of Israel was to mark the ground surrounding Orlah-plantings with crushed potsherds (), so as to signify that the fruit grown on the trees are forbidden to be eaten until after the first three years.
The
Sifra
Sifra () is the Midrash halakha to the Book of Leviticus. It is frequently quoted in the Talmud and the study of it followed that of the Mishnah. Like Leviticus itself, the midrash is occasionally called Torat Kohanim, and in two passages ''Sifr ...
points out that the three year count begins on
Rosh HaShana
Rosh Hashanah (, , ) is the New Year in Judaism. The biblical name for this holiday is Yom Teruah (, , ). It is the first of the High Holy Days (, , 'Days of Awe"), as specified by Leviticus 23:23–25, that occur in the late summer/early autu ...
(the Jewish new year) and not "tree years" (the Jewish agricultural holiday of
Tu Bishvat
Tu BiShvat () is a Jewish holiday occurring on the 15th day of the Hebrew month of Shevat. It is also called ''Rosh HaShanah La'Ilanot'' (), literally " New Year to the Trees". In contemporary Israel, the day is celebrated as an ecological awa ...
). Thus, the fruit of a tree only two years and 30 days old may not be considered forbidden.
Outside of the land of Israel
The
Jerusalem Talmud
The Jerusalem Talmud (, often for short) or Palestinian Talmud, also known as the Talmud of the Land of Israel, is a collection of rabbinic notes on the second-century Jewish oral tradition known as the Mishnah. Naming this version of the Talm ...
stipulates that "safek orlah" (uncertainty if the product is indeed orlah) is permitted outside of the land of Israel. However,
Rabbi Yochanan
:''See Johanan (name) for more rabbis by this name''.
Johanan bar Nappaha ( Yoḥanan bar Nafḥa or Napaḥa), also known simply as Rabbi Yochanan or Johanan bar Nafcha (180–279 CE), was a leading rabbi and second-generation '' Amora'' duri ...
, in a letter sent to
Rav Yehudah and quoted in the
Babylonian Talmud
The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the centerpiece of Jewi ...
, took a starkly stringent approach to the common practice of diasporic Jewry being overly lenient on "safek orlah";
Although ''orlah'' is listed in the category of prohibitions pertaining to the
Land of Israel
The Land of Israel () is the traditional Jewish name for an area of the Southern Levant. Related biblical, religious and historical English terms include the Land of Canaan, the Promised Land, the Holy Land, and Palestine. The definition ...
(), it is one of just two commandments of this category that applies outside of Israel as well. This law is considered a
law given to Moses at Sinai
A law given to Moses at Sinai () refers to a halakhic law for which there is no biblical reference or source, but rather was passed down orally as a teaching originating from Moses at Sinai. Such teachings have not been derived from any Talmu ...
.
[ Rabbi ]Eliezer ben Hurcanus
Eliezer ben Hurcanus (or Hyrcanus) () was one of the most prominent Judean ''tannaitic'' Sages of 1st- and 2nd-century Judaism, a disciple of Rabban Yohanan ben Zakkai, Avot of Rabbi Natan 14:5 and a colleague of Gamaliel II (whose sister, ...
held the opinion that the prohibition of orlah does not apply outside the land of Israel.
Questionable fruit
Faced with an uncertainty as to whether an item is ''orlah'' (or a result of orlah usage such as dye, etc.), the mishna prescribes that such product is permitted for consumption so long as the actual removal of orlah product is not "seen" being picked.
The papaya
The papaya (, ), papaw, () or pawpaw () is the plant species ''Carica papaya'', one of the 21 accepted species in the genus '' Carica'' of the family Caricaceae, and also the name of its fruit. It was first domesticated in Mesoamerica, within ...
fruit is a subject of rabbinic dispute, as most of its fruit is harvested in the first three years after planting. Some rabbinic authorities maintain that the papaya is not a tree, thus making it orlah-exempt, whereas most rule that the laws of orlah do apply to the papaya. Papain
Papain, also known as papaya proteinase I, is a cysteine protease () enzyme present in papaya (''Carica papaya'') and mountain papaya (''Vasconcellea cundinamarcensis''). It is the namesake member of the papain-like protease family.
It has wi ...
, (a "second crop" enzyme extracted from the papaya peel, used in beer, biscuits, and as a digestive aid) is likewise under rabbinic scrutiny as a dilution ratio of 200:1 (200 non-orlah fruit to 1 part orlah) is required to permit orlah, essentially prohibiting benefiting from this enzyme.
Practice in modern Israel
The ''orlah'' laws are observed to this day by modern Jews. The Chief Rabbinate of Israel
The Chief Rabbinate of Israel (, ''Ha-Rabbanut Ha-Rashit Li-Yisra'el'') is recognized by law as the supreme rabbinic authority for Judaism in Israel. It was established in 1921 under the British Mandate, and today operates on the basis of the ...
has allowed the sale of such fruit to non-Jews, but the usual policy is to destroy it.[Judaism and modernization on the religious kibbutz p127 Aryei Fishman - 1992 For example, the laws of "uncircumcised fruit" (Leviticus 19:23- 24) have always been observed literally. And although the Rabbinate has allowed the sale of such fruit to Gentiles, accepted policy is to destroy it, to ensure that the ...]
See also
* Tu B'Shvat
References
External links
Rules of Orlah in Maimonides’ Code of Jewish Law
Orthodox Union: 1155. When Does Orlah Apply?
{{Authority control
Ancient Israel and Judah
Ancient Near East law
Agriculture in Israel
Book of Leviticus
Horticultural techniques
Horticulture
Jewish law and rituals
Kashrut
Law of Moses
Negative Mitzvoth
Jewish agrarian laws
Land of Israel laws in Judaism
Hebrew words and phrases in the Hebrew Bible
Hebrew words and phrases in Jewish law