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Mishnah Orlah

Mishnah

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Chapter 1

1 If someone plants a fruit tree as a fence or to provide wood beams, it is exempt from the law of orlah. Rabbi Yose says: Even if he said “The inward facing part of the tree is for food, and the outward facing part is for a fence,” the inward facing part is subject to orlah, and the outward facing part is exempt.

2 When our ancestors came into the land and found a tree already planted, it was exempt from the laws of orlah. If they planted a tree, even though they had not yet conquered the land, it was subject to orlah. If one planted a tree for the use of the public, it is subject. But Rabbi Judah makes it exempt. If one has planted a tree in the public domain, or if a non-Jew has planted, or if a robber has planted, or one who plants on a boat, or a tree that has grown by itself, it is subject to orlah.

3 If a tree was uprooted and the hard soil together with it, or if a stream swept it away and the hard soil together with it, then if it could have lived it is exempt. But if it could not, it is subject. If the hard soil has been detached from its side, or if a plowshare shook it, or if someone shook it, and one reset it with earth, then if it could have lived, it is exempt. But if not, it is subject.

4 If a tree was uprooted and one root was left in the ground, it is exempt. How thick must the root be? Rabban Shimon ben Gamaliel said in the name of Rabbi Eliezer ben Judah a man of Bartota: As thick as a pin used for stretching.

5 A tree which was uprooted and it has a bent-down and rooted shoot, and it the tree gets nourishment from it the shoot, the old tree has the same status as the shoot. If one bends and roots from it year after year, and it became detached, one counts from the time it became detached. A grafted shoot of vines, and a grafted shoot growing on another grafted shoot, even if he rooted them in the soil, they are permitted. Rabbi Meir said: in an instance where it is strongly grafted, it is permitted, but in an instance where it is poorly grafted, it is prohibited. A bent-down and rooted shoot that has become detached and is full of fruit, then if it increased one two-hundredth, it is prohibited.

6 If a shoot of orlah or a vineyard in which seeds had been planted kilayim, became mixed up with other shoots, one may not gather the fruit. But if one has gathered it, it is neutralized in two hundred-and-one, provided that he did not act deliberately. Rabbi Yose says: Even if he acted deliberately, it becomes neutralized in two hundred-and-one.

7 Leaves, sprouts, sap of vines, and vine-buds are permitted under the laws of orlah and the laws of the fourth year, and to a nazirite, but are prohibited if they come from an Asherah tree. Rabbi Yose says: Vine-buds are prohibited because they are fruit. Rabbi Eliezer said: If one curdles milk with the resinous substances of a tree liable to orlah, it is prohibited. Rabbi Joshua said: I have received an explicit tradition that if one curdles milk with the resinous substance of the leaves, or with the resinous substance of the roots, it is permitted, but with the resinous substance of the unripe berries, it is prohibited, because these are fruit.

8 Defective grapes, grape kernels, grape husks, and the temed drink made from them, the peel of a pomegranate and its sprout, nutshells, and fruit-seeds, are all subject to the laws of orlah, asherah and a nazirite, but permitted under the laws of a fourth year vineyard. Fallen unripe fruit is subject to all of them.

9 Rabbi Yose says: One may plant a shoot of orlah. But one may not plant a nut of orlah, because it is fruit. And one may not graft early date berries of orlah.

Chapter 2

1 Terumah, terumat maaser of demai, hallah and bikkurim, are neutralized in a hundred-and-one mixture. And they are combined to form the statutory minimum. And it is necessary to remove from the mixture an amount equal to that of the consecrated produce contained in it. Orlah and kilayim of the vineyard are neutralized in a two-hundred-and-one mixture. And they are combined to form the statutory minimum. But it is not necessary to remove from the mixture an amount equal to that of the consecrated produce contained in it. Rabbi Shimon says: they are not combined. Rabbi Eliezer says: they are combined when they impart flavor, but not to prohibit.

2 Terumah can void orlah, and orlah can void terumah. How so? For instance a seah of terumah fell into one hundred, and afterward three kavs of orlah or three kavs of mixed-seeds of the vineyard fell in. This is an instance where terumah goes toward neutralizing orlah, and orlah goes toward neutralizing terumah.

3 Orlah can void kilayim, and kilayim can void orlah, and orlah can void orlah. How so? A seah of orlah falls into two hundred seahs and afterward a seah and a little bit more of orlah falls in, or a seah and a little bit more of kilayim of the vineyard. This is a case where orlah can void kilayim, and kilayim can void orlah, and orlah can void orlah.

4 Whatever causes something to ferment, or seasons, or makes medumma with terumah, with orlah or with ‘mixed-seeds’ of the vineyard, is prohibited. Bet Shammai says: it also transmits impurity. But Bet Hillel says: it never transmits impurity unless it has the volume of an egg.

5 Dostai of Kefar Yitmah was one of the disciples of Bet Shammai, and he said: “I received a tradition from Shammai the elder who said, ‘It never transmits impurity unless it contains the volume of an egg.’”

6 Concerning what did they say: “Anything that causes fermentation or seasons or which renders medumma we rule stringently”? In the case of a species mixed with the same species. When did they say “we rule sometimes leniently and sometimes stringently”? In the case of a species mixed with a different species. How so? If leaven of wheat fell into dough of wheat and there is enough to cause fermentation, then whether there is enough to become neutralized in one-hundred-and-one, or there is not enough to become neutralized in one-hundred-and-one, it is prohibited. If there is not enough to become neutralized in one-hundred-and-one, then whether there is enough to cause fermentation, or there is not enough to cause fermentation, it is prohibited.

7 We rule sometimes leniently and sometimes stringently, in the case of a species mixed with a different species. How so? If crushed beans were boiled together with lentils, and there is enough of them the crushed beans to impart flavor, then whether there is enough to become neutralized in one-hundred-and-one, or there is not enough to become neutralized in one-hundred-and-one, it is prohibited. But if there is not enough to impart flavor, then whether there is enough to become neutralized in one-hundred-and-one, or there is not enough to become neutralized in one-hundred-and-one, the mixture is permitted.

8 If leaven of hullin fell into dough, and there was enough of it to cause fermentation, and after that leaven of terumah fell in or leaven of kilayim of the vineyard, and there is enough to cause fermentation, the dough is prohibited.

9 If leaven of hullin fell into dough and caused it to ferment, and after that leaven of terumah or of kilayim of the vineyard fell in, and there was enough to cause fermentation, the dough is prohibited. But Rabbi Shimon permits it.

10 Seasonings consisting of two or three categories of one species, or consisting of three species of one category, are forbidden and combine. Rabbi Shimon said: Two or three categories of one species, or two species of one category, do not combine.

11 Leaven of hullin and of terumah fell into dough, and neither this was enough to cause fermentation nor was that enough to cause fermentation, but together they caused the dough to ferment. Rabbi Eliezer says: I follow the last. But the sages say: Whether the prohibited fell in first or last, it never causes the dough to become prohibited unless there is enough to cause fermentation.

12 Yoezer, master of the temple Ish Habirah, was one of the disciples of Bet Shammai and he said: I asked Rabban Gamaliel the elder as he was standing at the eastern gate of the Temple, and he said: It never causes the dough to become prohibited unless there is enough to cause fermentation.

13 Vessels which were oiled with impure oil, and later oiled them again with pure oil. Or he first oiled them with pure oil, and later returned to them and oiled them again with impure oil: Rabbi Eliezer says: “I follow the first.” And the sages say: After the last.

14 Leaven of terumah and of kilayim of the vineyard which fell into dough, this one is not enough to cause fermentation, nor is that one enough to cause fermentation, but together they cause fermentation. The dough is prohibited to non-priests and permitted to priests. Rabbi Shimon permits it to both non-priests and to priests.

15 Seasonings of terumah and of kilayim of the vineyard that fell into a dish, and there is not enough of one to season, nor is there of the other to season, but together they seasoned it. The dish is prohibited to non-priests but permitted to priests. Rabbi Shimon declares it permitted to non-priests and to priests.

16 A piece of meat from one of the most holy sacrifices and a piece of meat which is piggul, or remnant, which were cooked with other pieces, the nonsacred meat is prohibited to non-priests but permitted to priests. Rabbi Shimon declares it permitted to non-priests and to priests.

17 Meat of most holy sacrifices and meat of less holy sacrifices were cooked together with ordinary meat: the dish is prohibited to the impure, but permitted to the pure.

Chapter 3

1 A garment dyed with peels of orlah fruit must be burned. If it became mixed up with other garments, all of them must be burned, the words of Rabbi Meir. But the sages say: It becomes neutralized in two-hundred-and-one.

2 If one dyed a thread the whole length of a sit with orlah peels, and wove it into a garment, and it is not known which thread it is, Rabbi Meir says: The garment must be burned. But the sages say: It becomes neutralized in two-hundred-and-one.

3 If one wove thread the whole length of a sit from the wool of a firstborn animal into a garment, the garment must be burned. If one weaves the hair of a nazirite or of the firstborn of a donkey into sackcloth, the sackcloth must be burned. And even the smallest amount from wool or hair of consecrated animals makes what it is woven into consecrated.

4 A dish which one cooked with shells of orlah must be burned. If the dish became mixed up with other dishes, it becomes neutralized in two-hundred-and-one.

5 An oven that was lit with shells of orlah, and then one baked bread in it, the bread must be burned. If it became mixed up with other loaves it becomes neutralized in two-hundred-and-one.

6 If one has bundles of fenugreek of kilayim of the vineyard, they must be burned. If they became mixed up with others, all of them must be burned, the words of Rabbi Meir. But the sages say they become neutralized in two-hundred-and-one.

7 For Rabbi Meir used to say: anything that is normally sold by counting causes a mixture to become consecrated in even the smallest amount. But the sages say only six things consecrate a mixture in even the smallest amount, and Rabbi Akiva says seven things. These are:
Nuts with soft shells,
badan pomegranates,
sealed casks,
beet shoots,
cabbage heads,
and Greek pumpkins. Rabbi Akiva says: Also loaves baked by a householder. For those to which orlah applies they prohibit the mixture as orlah, for those to which kilayim of the vineyard apply they prohibit the mixture as kilayim of the vineyard.

8 How so? If the nuts cracked, or if the pomegranates burst open, or the casks became unsealed, or the pumpkins were cut, or the loaves were broken up, they become neutralized in two-hundred-and-one.

9 Doubtful orlah: in the land of Israel is prohibited, in Syria is permitted, and outside the land one may go down and purchase from a non-Israelite as long as he has not seen him gathering it. A vineyard planted with vegetables which are kilayim, and they the vegetables are sold outside of it: in the land of Israel these are prohibited, and in Syria they are permitted. Outside the land one may go down and purchase them as long as he does not gather them with one’s own hand. New produce is prohibited by the Torah in all places. And orlah is a halachah. And kilayim are an enactment of the scribes.

About this book

Mishnah Orlah

Tradition
Rabbinic
Written
190–230 CE
Text
Based on the Mishnah Yomit translation by Joshua Kulp · CC BY 3.0

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