Commentary for Yoma 162:8

א"ל רבינא למרימר והאמר רב נחמן האי הימלתא דאתי מבי הנדואי שריא ומברכינן עליה בורא פרי האדמה לא קשיא הא ברטיבתא והא ביבישתא

It means a tree the taste of whose wood and fruit are alike. Say: This is pepper. That teaches you that the plant of pepper is subject to the law of 'orlah,<span class="x" onmousemove="('comment',' Which forbids for the first three years the fruit of trees, v. ibid.');">⁵</span> and that the land of Israel lacks nothing, as it is said: Thou shalt not lack anything in it.<span class="x" onmousemove="('comment',' Deut. VIII, 9. Hence pepper is considered fruit, and as such should involve the eater thereof on the Day of Atonement in the penalty of extirpation, whereas Raba had taught that one who ate thereof is not culpable. R. Meir speaks of green pepper which can be eaten, hence subject to the law of 'orlah, whereas Raba speaks of dry pepper, which cannot be considered a food, hence one who has eaten thereof, in the best case has not partaken of eatables, in the worst case has harmed himself, in either case is not culpable.');">⁶</span>

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