1)

A TREE MINIMALLY ATTACHED TO THE GROUND (Yerushalmi Orlah Perek 1 Halachah 3 Daf 4b)

îúðé' àéìï ùðò÷ø åäñìò òîå àí éëåì ìçéåú ôèåø åàí ìàå çééá.

(a)

(Mishnah): If a tree was uprooted and the Sela (the earth around its roots) with it - if it can live, it is exempt from Orlah. If not, it is obligated.

ðò÷ø äñìò îöéãå æéòæòúå äîçøéùä àå ùæéòæòúå åòùàå ëòôø àí éëåì ìçéåú ôèåø åàí ìàå çééá.

(b)

If the Sela was uprooted from a tree's side, or if the plow stirred it, or if he stirred it, and he made it with earth (put earth around its roots) - if it can live, it is exempt. If not, it is obligated.

àéìï ùðò÷ø åðùúééø áå ùåøù ôèåø.

(c)

If a tree was uprooted and a small root remained, it is exempt.

åëîä éäéä áùåøù øáï âîìéàì îùåí øáé ìòæø áï éäåãä àéù áéøúåúà ëîçè ùì îúåï.

(d)

How much must be in the root? R. Gamliel says in the name of R. Elazar ben Yehudah Ish Bartusa, it must be like a needle for stretching (a curtain being woven).

àéìï ùðò÷ø åáå áøéëä åäåà çéä îîðå çæøä æ÷éðä ìäéåú ëáøéëä.

(e)

If a tree was uprooted and it has a Breichah (a branch that he was Mavrich) from which it lives - the old tree returns to be like the Breichah (for both, the years of Orlah are counted from the time of Havrachah).

äáøéëä ùðä àçø ùðä åðôñ÷ä îåðä îùòä ùðôñ÷ä.

(f)

If he was Mavrich it year after year (reinserted what came out of the ground), and [the Breichah] was cut off from the tree, he counts from when it was cut off.

[ãó ç òîåã á (òåæ åäãø)] ñéôå÷ äâôðéí ñéôå÷ òì âáé ñéôå÷ àó òì ôé ùäáøéëï áàøõ îåúø.

(g)

Sipuk (grafting of) vines - Sipuk on Sipuk (he grafted onto a grafted branch), even if he was Mavrich (the grafted branch) in the ground, it is permitted (exempt from Orlah);

øáé îàéø àåîø î÷åí ùëåçä éôä îåúø åî÷åí ùëåçä øò àñåø.

(h)

R. Meir says, in a place where it is strong (nurtures from the old tree), it is permitted (exempt). Where it is weak (does not nurture from the old tree), it is forbidden.

áøéëä ùðôñ÷ä åäéà îìàä ôéøåú àí äåñéó áîàúéí àñåø:

(i)

If a Breichah was cut off [from the tree, and it is attached to the ground] and it is full of fruits, if they increased [one part] in 200 [of their volume when it was cut off], they are forbidden.

âî' ëéðé îúðé' àí äéä éëåì ìçéåú ôèåø åàí ìàå çééá.

(j)

(Gemara): Our Mishnah means, if it could live without fixing it it is exempt from Orlah. If not, it is obligated.

çæ÷éä ùàì ôçåú îëàï ëúìåù äåà. äùúçåä ìå àñøå. ëåúáéï òìéå âéèé ðùéí.

(k)

Question (Chizkiyah): [If the root is] less than this (a stretching needle), is it like detached, so if he bowed to it (to worship it), he forbade it, and one may write a Get Ishah on it?

àîøéï çæø áéä çæ÷éä.

(l)

They say that Chizkiyah retracted [and settled his question].

àîø øáé éåðä îï äãà çæø áéä

(m)

(R. Yonah): Chizkiyah retracted from (due to) the following.

[ãó è òîåã à (òåæ åäãø)] ãà"ø éåçðï [ãó ä òîåã à] áùí øáé éðàé îëéåï ùéù ëîçè ùì îéúåé ãáø áøéà ùéù ìå ùìù ùðéí.

1.

(R. Yochanan citing R. Yanai): Since there is [a root like] a needle of stretching, surely it has three years.

çæ÷éä ùàì ùìéù îçè ùðä ùðé ùìéùé' ùúé ùðéí.

2.

Question (Chizkiyah): [If a root is] a third of a needle [of stretching, does this mean that surely it has one year, and two thirds [means that it has] two years?

çáøéé' áòéé îçè åùìéù ãáø áøéà ùéù ìå àøáò ùðéí.

3.

Question (Rabanan): [If a root is] one and a third needles, does it surely have four years [and there is no concern for Revai]?

àéï úéîø ìà çæø áéä ìîä ùàì ëï.

4.

If you will say that [Chizkiyah] did not retract, why did he ask? (Surely we do not count years of Orlah until it is attached. If less than a needle is detached, it makes no difference how old it is!)

àîø øáé éåðä îï îéìúéä çæø áéä

(n)

(R. Yonah): [Chizkiyah] retracted from his teaching. (HA'MASHBI'ACH - a scribe inserted into the text this comment that the text above should say so (mi'Milsei, as opposed to our text above 'Min Hada'.)

ãàîø øáé éåçðï áùí øáé éðàé îëéåï ùéù áå ëîçè ùì îéúåé ãáø áøéà ùéù ìå ùìù ùðéí.

1.

(R. Yochanan citing R. Yanai): Since there is [a root like] a needle of stretching, surely it has three years.

àîø øáé éåñé àôéìå éù áå ùìù ùðéí àéï áå ëîçè ùì îéúåé.

(o)

(R. Yosi): Even if it has three years, [perhaps] it does not have like a stretching needle.