Talmud Bavli
Talmud Bavli

Halakhah for Nedarim 114:8

אלא מן הדא דתניא רבי שמעון אומר

[ii] R. Samuel son of R. Nahmani said in R. Jonathan's name: If an onion is planted in a vineyard and the vineyard is [subsequently] removed, it [the onion] is forbidden.<span class="x" onmousemove="('comment',' For when growing there together, they were 'forbidden mixture', (Deut. XXII, 9) and hence the onion was forbidden. Though the vines were removed, and the further growth of the onion permitted, yet the original remains forbidden. (Ran.: yet it is all, including the increase, forbidden). Both these statements are opposed to the first in R. Jannai's name. ');"><sup>14</sup></span> Then he [Ishmael] again went before R. Ammi, who solved it from the following: For R. Isaac said in R. Johanan's name: If a <i>litra</i><span class="x" onmousemove="('comment',' [G], the Roman Libra, a pound. ');"><sup>15</sup></span> of onions was tithed<span class="x" onmousemove="('comment',' I.e., all the priestly dues were separated from it. ');"><sup>16</sup></span> and then planted, the whole of it must be re-tithed.<span class="x" onmousemove="('comment',' I.e., both the stock and the increase. ');"><sup>17</sup></span> This proves that the yield nullifies the stock.<span class="x" onmousemove="('comment',' Though the stock had been tithed once, the whole must he re-tithed, the original being assimilated to the increase. ');"><sup>18</sup></span> Perhaps, however, this is different, being in the direction of greater stringency!<span class="x" onmousemove="('comment',' I.e., whereby assimilating the original to the increase the law is more stringent, it is so assimilated. But the problem is whether the original is regarded as nullified though thereby a prohibition is raised. ');"><sup>19</sup></span> — But [it can be solved] from the following: For it was taught: R. Simeon said:

Sefer HaChinukh

From the laws of the commandment is that which they, may their memory be blessed, said (Mishnah Orlah 1:1) that one who plants for a hedge or for beams is exempted from orlah, as it is written, "food tree" - meaning to say that he did not plant it with the intention to eat its fruits, but rather that the tree will be a hedge around his garden, or with the intention that he will make beams for his house with it. [If] he planted it for a hedge or for a beam and went back and thought about it that it should be for food, he is obligated in orlah - once he mixed a thought of obligation into it, he is obligated. And what protects the fruit is [also] obligated in orlah; and like they expounded (Berakhot 36b), "'Its fruit (et piryo," the word et not being essential to the meaning), [to include] that which is secondary to the fruit" - meaning to say that which protects it. And it is with certain conditions known to our Rabbis, may their memory be blessed, that that which protects the fruit is forbidden, until the time that the fruit reaches the category of the prohibition of orlah. And also that the fruit needs it so much that if you took that which protects it, the fruit would die. And therefore, they, may their memory be blessed, said that only the berries of the caper tree are obligated in orlah, but the capers (themselves, which covers the berries) are permitted, from this reason that we said; as it is well-known that if you take the capers before the fruits reach the prohibition of orlah, the fruit does not die. And the law of what is planted for the many (Mishnah Orlah 1:2), one who plants for a commandment and one who plants in a holed pot that he is obligated in orlah; and the law of a young plant that is enmeshed in an old plant (Nedarim 57b). And the rest of its laws are elucidated in Tractate Orlah.
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