Question
have a variety of fruit trees grown in flowerpots on my unroofed porch located on the third floor. I have recently transferred some of the fruit trees to larger flowerpots. The first one was with a hole and the new flowerpot is without a hole. The trees were transferred together with all the earth of the first flowerpot. Do I have to recount the years of Orlah in this case?
Answer
There is no need to recount the years of Orlah (fruits from the first three years of a tree's life) in this particular case, because the trees were transferred along with the surrounding soil mass and can continue growing even without the addition of earth of the new pot, and for other reasons.
It is important to know that one should ask and consult in every case of transferring a tree because there are many laws and details to take into consideration such as what is considered a flowerpot with a hole or without a hole and to where the tree is transferred.
(See at length in Shulchan Aruch Yore De’ah 294, 19-20. Kerem Tzion Orlah 7. Mishpetei Eretz Orlah 3).
