3,571. What Counts as Planting

Hilchos Maaser Sheini and Neta Revai 10:11

When it comes to orlah, “planting” means planting a seed, a branch, or an entire tree that was moved from another location. We count three years from this planting. Let’s say that a tree was dragged to a different place without uprooting it, and then the area around it was filled with soil. If it could live without the surrounding area being filled with soil, it is exempt from orlah. Otherwise, it’s the same as if it was uprooted and replanted, so the rules of orlah apply.

Hilchos Maaser Sheini and Neta Revai 10:12

Similar to the case in the previous halacha, let’s say that a tree was uprooted and a root remains in place – even one as thin as the peg around which embroiderers wrap their thread. If the tree is returned and replanted in its original location, it is exempt from orlah because it could have survived. Let’s say that a tree was completely uprooted along with the chunk of soil that encompasses its roots, then it was replanted along with that soil. If it could survive on that soul without replanting, it’s the same as if it weren’t uprooted. If it couldn’t have survived without replanting, orlah applies.