Talmud sur Shevi'it 2:6

It was stated⁷⁴In Tosephta 5: “If a Gentile grafted a food tree on a futile tree, one counts from the moment it was planted.” In this version, it is clear that the count starts with the planting of the futile tree, not the grafting of the fruit tree. The Tosephta was not known to the editors of the Yerushalmi.: “If a Gentile grafted a food-tree on a futile⁷⁵A tree either without edible fruits or whose fruits are not generally objects of trade; cf. Mishnah Kilaim6:6. tree, even though a Jew is not permitted to do this, it is obligated for ‘orlah.” From when does one count ‘orlah? From the moment it⁷⁶The futile stem. is planted. Rebbi Simeon ben Laqish said, only those for which intent is important⁷⁷Trees whose fruits are usually considered animal feed and only the intent of the grower can give them the status of human food.; for example carob trees from Ẓalmon or Gidud⁷⁸These places and the kinds of carob referred to have not been identified.; but on a willow⁷⁹“Willow” is taken as example of a tree whose fruits are neither human food nor animal feed. it is as if planted in the earth. Rebbi Joḥanan said, even on a willow. But did we not state⁸⁰Mishnah Ševi‘it 2:6; Note 42. “Sinking” is bending a branch down to the soil to have it grow roots.: “One does not plant, sink, or graft in the year preceding a Sabbatical year later than thirty days before the New Year; if he planted, sank, or grafted it should be uprooted.” According to Rebbi Simeon ben Laqish who will explain it by grafting on a willow it is understandable⁸¹The forbidden graft is graft of a fruit tree on a willow.. According to Rebbi Joḥanan who said even on a willow, why should it be uprooted? There is a difference because they unite in the Sabbatical year⁸²אחה is usually used for “invisible mending”. The two trees unite; this is forbidden agricultural activity in the Sabbatical. It has nothing to do with the rules of ‘orlah.. And that is what has been said, ⁸³Tosephta Ševi‘it 2:3, Roš Haššanah 1:8; Ševi‘it 2:6 (Notes 50–52), Roš Haššanah 1:2 (fol. 57a); Babli Roš Haššanah 9b. The Tosephta adds: “If it is ‘orlah it remains ‘orlah, fourth year remains fourth year [until the 15th of Ševaṭ.]”“If somebody planted, sank, or grafted 30 days before the New Year, it counts for him as a full year and he is permitted to keep it in the Sabbatical year. Less than 30 days before the New Year, it does not count for him as a full year and he is not permitted to keep it in the Sabbatical year. Truly, they said, the fruits from this planting are forbidden until the fifteenth of Shevaṭ.” Rebbi Joshua from Ono⁸⁴An early Amora acting as “Tanna”, memorizing baraitot. stated: There is no “grafted” here⁸⁵According to R. Joḥanan, grafting never creates a problem of ‘orlah.. Rebbi Abba Mari said, even for Rebbi Simeon ben Laqish there is no “grafted” here; for the past, certainly not to start out with⁸⁶Since grafting a fruit tree on a fruitless tree is forbidden, the Tosephta cannot speak only about somebody coming to ask whether he might graft on a fruit tree before Roš Haššanah. But in that case, R. Simeon ben Laqish agrees that orlah is counted for the root tree. R. Simeon ben Laqish has not stated how he would rule if somebody grafted on a willow and only afterwards came to ask..