וְכִי־תָבֹ֣אוּ אֶל־הָאָ֗רֶץ וּנְטַעְתֶּם֙ כָּל־עֵ֣ץ מַאֲכָ֔ל וַעֲרַלְתֶּ֥ם עָרְלָת֖וֹ אֶת־פִּרְי֑וֹ שָׁלֹ֣שׁ שָׁנִ֗ים יִהְיֶ֥ה לָכֶ֛ם עֲרֵלִ֖ים לֹ֥א יֵאָכֵֽל׃
Apabila kamu masuk ke negeri itu dan menanam segala jenis pohon yang buahnya dapat dimakan, kamu harus memperlakukan buahnya sebagai sesuatu yang tertutup dan terlarang. Selama tiga tahun buah itu harus tertutup dan terlarang bagimu; buah itu tidak boleh dimakan.
Jerusalem Talmud Orlah
So far following Rebbi Aqiba, following Rebbi Ismael67The previous informal derivation is attributed to R. Aqiba; R. Ismael allows only formal derivations based on one of the principles enumerated in the Introduction to Sifra.? Rebbi Joḥanan in the name of Rebbi Ismael, an argument a minore ad majus. If heave which is forbidden to outsiders can be lifted, ‘orlah which is permitted to outsiders, not so much more68This is incomprehensible since the next sentence implies that R. Ismael also admits that any use of 'orlah is forbidden.? No, if you said that about heave whose use is permitted, what can you say about ‘orlah whose use is prohibited! Rebbi Ḥinena: “Fruit, fruit” as equal decision69This is a formal argument: If there is a tradition that a certain word can have only one meaning (“decision”), then the rules must be the same any time that word is used. Heave and tithes are from “fruit” (Lev. 27:30), ‘orlah refers to “fruit” (Lev. 19:23–24). Lev. 27:30 is written for reference; in the laws of ‘orlah the reference to “fruit” is necessary in Lev. 19:23 to define the subject but in Lev. 19:24 it might refer to the rules spelled out for heave. If that is true then R. Ismael must hold that ‘orlah and vineyard kilaim can be lifted by one in 100 since an “equal decision” cannot be only partially valid..
Jerusalem Talmud Orlah
HALAKHAH: (Lev. 19:21) “When you plant,” this excludes what Gentiles planted before Israel came to the Land54Sifra Qedošim Parašah 3(2).. Rebbi Huna in the name of Rebbi Abba, this implies that an exempt root exempts55Since a tree planted a day before Israel crossed the Jordan is permanently exempt..
Jerusalem Talmud Orlah
“If he planted for the public benefit, it is obligated; Rebbi Jehudah exempts”. The rabbis seem inconsistent. There62Mishnah Nega‘im 12:4; cf. Babli Yoma 12a., they say: “Jerusalem and outside the Land cannot become impure by skin disease,” but here, they say so63As explained in the next Note, Jerusalem is public property and any tree planted there should be exempt as planted for public use.! There (Lev. 14:35) “the owner of the house comes”64The actual verse referred to is Lev. 14:34: “I shall put skin disease on a house on the Land of your inheritance.” This excludes all houses in territory not distributed to the tribes; Jerusalem was conquered by David as capital not belonging to any particular tribe. Sifra Meẓora‘ Parašah 5 proves from the verse that (a) the rules did not apply before the distribution of the Land, (b) a house built on poles, not being a “house on the Land” is also not subject to the rules, (c) houses in Jerusalem (and certainly outside the Land) are excluded., excluding Jerusalem which was not distributed among the tribes. But here, (Lev. 19:21) “when you plant,” in any way.