Commentary for Kiddushin 73:1
חוץ מן הערלה וכלאים ר"א אומר אף החדש
EXCEPT 'ORLAH<span class="x" onmousemove="('comment',' V. Glos.');"><sup>1</sup></span> AND KILAYIM.<span class="x" onmousemove="('comment',' V. Glos. Though dependent on the land, these are binding in the diaspora too.');"><sup>2</sup></span>
Daf Shevui to Kiddushin
In general, all commandments which are connected to the land are practiced only in the land of Israel. There are some commandments such as tefillin concerning which the Torah uses language such as “When God brings you into the land…” (Exodus 13:5). One might have thought that these commandments would be obligatory only for a Jew living in the land of Israel. The mishnah, however, says that the distinction between commandments observed in and outside of Israel is not the language used in the Torah but rather whether or not the observance of the commandment itself is tied to land.
The only exceptions to this rule are “orlah” and “kilayim.” “Orlah” is the prohibition of using the fruit of a tree for its first three years. “Kilayim” refers to the prohibition of planting wheat in a vineyard.
Rabbi Elazar adds to the list of exceptions the prohibition of new produce. This refers to the prohibition from eating from the new grain harvest until the omer sacrifice is brought on the sixteenth of Nisan (see Leviticus 23:14).
The only exceptions to this rule are “orlah” and “kilayim.” “Orlah” is the prohibition of using the fruit of a tree for its first three years. “Kilayim” refers to the prohibition of planting wheat in a vineyard.
Rabbi Elazar adds to the list of exceptions the prohibition of new produce. This refers to the prohibition from eating from the new grain harvest until the omer sacrifice is brought on the sixteenth of Nisan (see Leviticus 23:14).
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