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1. I bought many fruit trees online, 3 are planted in the ground, and 2 are kept in a pot with holes (on the side of the pot, not the bottom), I have heard that when shipped, trees must restart orlah. Is the reason for this because, although shipped in a pot or bag with holes, the truck has no holes Yalkut Yosef 294). Therefore the tree is considered atzeetz she’eno nakoov. Therefore it is biblically patur from orlah, and when one plants it in the ground, it now becomes biblically obligated, so it resets the count? 2. When is a pot with holes considered like karka? Is it only when it directly touches the soil? If so anytime anyone moves a pot, for example, one picks it up for one second, and then puts it back| bam, orlah restarts? This makes it impossible to ever grow a tree in a pot, for one is always repotting, and moving the pot. 3. Mishna Orlah: 1:3 states when one uproots a tree, and its soil clump can sustain it (for 14 days), orlah resumes. However based on the logic in 1 and 2, when one takes it out of the ground, it is no longer biblically obligated, and when replanted, becomes once again biblically obligated; therefore orlah should reset. Based on this Mishna, can we not learn that when one moves a pot from place to place, or a tree that is moved from place to place| (shipped), and its clump can sustain it, orlah should resume??!! 4. When is atzeetz nakoov considered like karka? 5. Depending on (4), how do these laws pertain to a pot with holes on the bottom? Do these laws differ with a pot that has holes strictly on the side of a pot? If so, why and how? 6. It is said, when one buys a tree and plants it, given the circumstances, orlah may resume, but with the logic from (1), it would seem like orlah may never resume, unless the tree is in some form always directly touching or over the soil of the karka, so how does that work? 7. With all of this put into consideration and more, can orlah resume, if trees are bought online, or shipped? If not, for the reason in (1), if one plans on planting the plant in a pot with holes, how can one avoid the repetition of orlah restarting? Thanks in advance.
Answer
ב"ה Shalom Sorry for the delay, I wanted to consult with Rabbis who are experts in the field of Orlah. In regard to holes in the pot: In order for the holes in the pot be considered that the tree nurtured from the ground to start the Orla count: The pot must be on the ground. In addition, the hole must be a diameter of at least 2.5 centimeters. Earth in the pot must reach where the holes are. In regard to holes on the side, there is a dispute among the Rabbis, if it is considered a "nekev" in regard to the laws of Orlah. According to the Chazon Ish,(ערלה סי' א:טז:ב) it is considered a "nekev" . It seems, that we can be lenient in regard to the that, especially outside of Eretz Yisrael, since we have a general rule, that when in doubt in regard to Orlah in Chutz La'aretz, we are lenient. (שולחן ערוך יורה דעה הלכות ערלה סימן רצד סעיף ט) As I've said in a previous answer, a temporary short removal does not require to recount the years of Orla. (הרב שאול ישראלי זצ"ל,חוות בנימין א:א.). Although, Rav Yisraeli zt", did not indicate a specific time range, I was told by the Torah and Land Institute, that it should be under a day's time. The main intention is, that the tree is not left in a place where it it supposed to continue to grow. However, if the tree had been in a pot with no "nekev" and then it was planted or place on the ground in a pot with a "nekev", in this instance, the Orla is to be recounted from the beginning, As Rav Shlomo Zalman Oirbach ruled. . (מנחת שלמה א סי' ע) Also, as written in previous answer, If there is enough soil in the bags, from which the trees can sustain themselves at least two weeks, the tree remains in the same status as far as Orla is concerned. In addition, according to Rav Yitzchak Yoseph in Yalkut Yosef, if the new tree was created by "Havracha or Harkava" , outside of Eretz Yisrael, the laws of Orla do not apply. (ילקוט יוסף עמ' רפד) All the best
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