Halakhah к Орла́ 1:14

From the laws of the commandment is that which they, may their memory be blessed, said (Mishnah Orlah 1:1) that one who plants for a hedge or for beams is exempted from orlah, as it is written, "food tree" - meaning to say that he did not plant it with the intention to eat its fruits, but rather that the tree will be a hedge around his garden, or with the intention that he will make beams for his house with it. [If] he planted it for a hedge or for a beam and went back and thought about it that it should be for food, he is obligated in orlah - once he mixed a thought of obligation into it, he is obligated. And what protects the fruit is [also] obligated in orlah; and like they expounded (Berakhot 36b), "'Its fruit (et piryo," the word et not being essential to the meaning), [to include] that which is secondary to the fruit" - meaning to say that which protects it. And it is with certain conditions known to our Rabbis, may their memory be blessed, that that which protects the fruit is forbidden, until the time that the fruit reaches the category of the prohibition of orlah. And also that the fruit needs it so much that if you took that which protects it, the fruit would die. And therefore, they, may their memory be blessed, said that only the berries of the caper tree are obligated in orlah, but the capers (themselves, which covers the berries) are permitted, from this reason that we said; as it is well-known that if you take the capers before the fruits reach the prohibition of orlah, the fruit does not die. And the law of what is planted for the many (Mishnah Orlah 1:2), one who plants for a commandment and one who plants in a holed pot that he is obligated in orlah; and the law of a young plant that is enmeshed in an old plant (Nedarim 57b). And the rest of its laws are elucidated in Tractate Orlah.

From the laws of the commandment is that which they, may their memory be blessed, said (Mishnah Orlah 1:1) that one who plants for a hedge or for beams is exempted from orlah, as it is written, "food tree" - meaning to say that he did not plant it with the intention to eat its fruits, but rather that the tree will be a hedge around his garden, or with the intention that he will make beams for his house with it. [If] he planted it for a hedge or for a beam and went back and thought about it that it should be for food, he is obligated in orlah - once he mixed a thought of obligation into it, he is obligated. And what protects the fruit is [also] obligated in orlah; and like they expounded (Berakhot 36b), "'Its fruit (et piryo," the word et not being essential to the meaning), [to include] that which is secondary to the fruit" - meaning to say that which protects it. And it is with certain conditions known to our Rabbis, may their memory be blessed, that that which protects the fruit is forbidden, until the time that the fruit reaches the category of the prohibition of orlah. And also that the fruit needs it so much that if you took that which protects it, the fruit would die. And therefore, they, may their memory be blessed, said that only the berries of the caper tree are obligated in orlah, but the capers (themselves, which covers the berries) are permitted, from this reason that we said; as it is well-known that if you take the capers before the fruits reach the prohibition of orlah, the fruit does not die. And the law of what is planted for the many (Mishnah Orlah 1:2), one who plants for a commandment and one who plants in a holed pot that he is obligated in orlah; and the law of a young plant that is enmeshed in an old plant (Nedarim 57b). And the rest of its laws are elucidated in Tractate Orlah.

And one who redeems a fourth year vineyard - [if] he wants he redeems it [as] grapes, [and if] he wants, he redeems it [as] wine; and so [too,] olives. But with other fruits, he redeems them before they change from their natural state. And the redemption is that he say, "These fruits are desanctified upon this money" - and behold, they are desanctified with this. And he [then] brings up the money and consumes [that which is purchased with it] in Jerusalem. And Shmuel said in the Gemara (Kiddushin 11b) that consecrated things worth a maneh (a hundred large coins) that is desanctified upon the value of a perutah (the smallest coin) is desanctified (is effective) - but not less than the value of a small coin, as it does not have the legal status of money, for any [purpose]. And the same is the law for the fruits of the fourth year. And a fourth year vineyard does not have [the law of] forgotten [grapes] and the corner (Mishnah Maasrot 5:3), nor fallen grapes and bunchless grapes. And we do not separate the priestly tithe and the [other] tithes from it, but rather it all goes up to Jerusalem, or he redeems it and brings up the money and consumes it in Jerusalem. And the law of that which they, may their memory be blessed, said from when do we count the new year for fourth year plant, and so [too,] (Talmud Yerushalmi Orlah 1:1) that everything that is obligated in orlah is obligated in the fourth year. And in the commandment of orlah (Sefer HaChinukh 246), we will write about this at length, with God's help - and we will write which tree is obligated in it, and what [part] of the tree. And from it, we will learn to the fourth year. And the rest of all of its details are elucidated in the last chapter of Maaser Sheni (see Mishneh Torah, Laws of Second Tithes and Fourth Year's Fruit 9).