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Planting Arlah Fruit

Q. I have a cherry tree that that is within its first three years of growth. I know that I can't eat the (arlah) fruit. Can the pits from the current yield be utilized for planting another tree?

A. No.

When one plants a fruit tree, they need to count three years from the time of planting. It is forbidden to derive benefit from all fruits grown during those years, and the fruit is known as "arlah". [The fruit of those years remains forbidden forever, even if the tree subsequently "ages-out" of the arlah prohibition.] Arlah is unusual in that not only may one not eat it, but it is also assur b'hana'ah, which means that one may not derive any benefit or pleasure from the arlah. One example of the issur hana'ah is that it is forbidden to plant the seeds or nuts of arlah, and, therefore, the cherry pits cannot be planted. [However, one may replant a branch, tree, or sapling which is within the arlah years, as the tree itself is not forbidden.]

Although one should not plant the arlah cherries, if one mistakenly did, the tree that grows is not forbidden, and the fruit that grows on that tree is permitted (after its years of arlah are completed). The reason for this is that the tree that subsequently grew is not a product of arlah fruit alone; rather, other permitted factors (e.g., water, soil, minerals) contributed to the fruit's growth. This leniency is known as zeh v'zeh gorem and is permitted post-facto.

[Answer by Rabbi Mordechai Millunchick. For more on this topic, see his sefer, Midarkai Ha'ilanos, Hebrew section, Siman 5 (page 27)].