Dear Rabbi Simon,
We recently bought a patio lemon tree. It is a not a full-size tree and will not be planted in the ground.
How many years do I have to wait before I can use the lemons? Is the halacha different because it is in a plant pot rather than a tree which is planted in the ground?
Many thanks,
Limor
Hi Limor
Thank you for your practical question about ‘orlah, the Torah prohibition of deriving benefit from the fruits of a tree during the first three years after planting (Lev. 19:23). This mitzvah is binding in the Diaspora as well (although there are some leniencies applicable in certain respects).
The law of ‘orlah applies to a potted tree as well, so you will have to wait for three years before enjoying your lemons. Note that, although the tree has undoubtedly been growing for some time before you bought it, it may have been re-planted (and/or grafted) a short while ago. So you will need to wait for the fruit which blossoms after 15 Shevat in 5789. (However, if your supplier assures you that your tree has been in the same soil since before 15 Av 5785, the 45 days until Rosh HaShanah count as a full year, in which case we are already on to Year 2 of the ‘orlah count.) Until then, you are not allowed to benefit from the fruit (if the tree yields any), as ‘orlah is asur be-hanaah. For this reason, you may not even give the lemons to your cleaning help, postman, gardener, etc. So, patience is the only way.
As they say, “When life gives you lemons, make lemonade!” But you may have to wait three years to start doing so.
Best wishes
Rabbi Rashi Simon