3,567. Splitting a Tree's Use

Hilchos Maaser Sheini and Neta Revai 10:3

Let’s say that someone planted a tree with the intention that the inward-facing side will provide fruit and the outward-facing side will serve as a barrier, or that the lower part of the tree will provide fruit and the upper part will serve as a barrier. In such a case, the part that’s intended for food is liable in orlah and the part intended as a barrier or for its wood is exempt. This is because the obligation of orlah depends on the intention of the one who planted the tree. When it comes to the caper tree, the berries are obligated in orlah but the leaves (which are edible but not food per se) are exempt.

Hilchos Maaser Sheini and Neta Revai 10:4

If someone plants trees for public use in his own field, they are obligated in orlah. This is because the phrase “you shall plant...” (Leviticus 19:23) includes those planted for public use. This is only the case in Israel, however; elsewhere, they are exempt.