וְכִי־תָבֹ֣אוּ אֶל־הָאָ֗רֶץ וּנְטַעְתֶּם֙ כָּל־עֵ֣ץ מַאֲכָ֔ל וַעֲרַלְתֶּ֥ם עָרְלָת֖וֹ אֶת־פִּרְי֑וֹ שָׁלֹ֣שׁ שָׁנִ֗ים יִהְיֶ֥ה לָכֶ֛ם עֲרֵלִ֖ים לֹ֥א יֵאָכֵֽל׃
At kapag pumasok kayo sa lupain at nagtanim kayo ng anumang punong namumunga ng makakain, ituturing ninyong nakasara at ipinagbabawal ang bunga nito. Sa loob ng tatlong taon ay ituturing ninyo itong ipinagbabawal; hindi ito kakainin.
Tosefta Orlah (Lieberman)
If someone plants a fruit tree for purposes other than fruit production, such as to form a fence, for lumber, or for firewood, it's exempt from the laws of 'orlah. This rule dates back to the initial three years of a tree's growth when its fruit can't be consumed or used. R. Simeon b. Gamaliel clarifies that this exemption applies when the tree planted is suitable for fencing, lumber, or firewood. However, if the tree isn't suitable for these specific uses and is planted for firewood, then it falls under the laws of 'orlah. If intentions change and a tree initially planted for firewood is later intended for food purposes, it becomes liable under these laws. This rule holds ground based on a verse from Lev. 19:23, which mentions planting 'every kind of fruit tree'. But when should one start counting the three years of ‘orlah? The clock starts from the time of the tree's planting.
Tosefta Orlah
One who plants [a fruit tree] to make a fence, for beams, or for firewood*compare Orlah 1:1 (lacking "or for firewood"), it is exempt from orlah. Said Rabban Shimon ben Gamaliel, to what case do these words apply? To a situation where he planted [a fruit tree] to make a fence, for beams, or for firewood, which are things that are fitting for [such trees]. But if he planted to make a fence, for beams, or for firewood, which are things that are not fitting for [such trees], he is liable in orlah. [If] he planted it for firewood, and then he reconsidered and [decided that the tree would be] for eating, from what time does he [begin to] count it[s years]? From the moment that he planted it.