Responsa for Bava Kamma 137:3
גופא אמר רבי יוחנן גזל ולא נתייאשו הבעלים שניהם אינן יכולים להקדיש זה לפי שאינו שלו וזה לפי שאינו ברשותו ומי אמר ר' יוחנן הכי והא"ר יוחנן הלכה כסתם משנה
because it is not his, the other<span class="x" onmousemove="('comment',' The owner. ');"><sup>4</sup></span> because it is not in his possession.' Could R. Johanan really have said this? Did not R. Johanan say<span class="x" onmousemove="('comment',' Shab. 46a. ');"><sup>5</sup></span>
Teshuvot Maharam
Q. A is the owner of a vineyard. Is he permitted to plant in it branches of a vine that has not yet borne fruit?
A. Whether the branches are taken from a vine that has already borne fruit, or from one that has not yet borne fruit makes no difference. For the life of the new vine begins with the time the branch is planted in the ground. Even if the branch bore fruit before it was replanted, nevertheless, its fruit after replanting will be Orlah for three years. The fruit of the fourth year may be eaten after redeeming it for a penny, grinding the penny and throwing it into the river. However, the fruit from a branch of an old vine, planted in the ground without severing it from the old vine, may be eaten even during the first year.
SOURCES: L. 196; Tashbetz 365.
A. Whether the branches are taken from a vine that has already borne fruit, or from one that has not yet borne fruit makes no difference. For the life of the new vine begins with the time the branch is planted in the ground. Even if the branch bore fruit before it was replanted, nevertheless, its fruit after replanting will be Orlah for three years. The fruit of the fourth year may be eaten after redeeming it for a penny, grinding the penny and throwing it into the river. However, the fruit from a branch of an old vine, planted in the ground without severing it from the old vine, may be eaten even during the first year.
SOURCES: L. 196; Tashbetz 365.
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Teshuvot Maharam
Q. A is the owner of a vineyard. Is he permitted to plant in it branches of a vine that has not yet borne fruit?
A. Whether the branches are taken from a vine that has already borne fruit, or from one that has not yet borne fruit makes no difference. For the life of the new vine begins with the time the branch is planted in the ground. Even if the branch bore fruit before it was replanted, nevertheless, its fruit after replanting will be Orlah for three years. The fruit of the fourth year may be eaten after redeeming it for a penny, grinding the penny and throwing it into the river. However, the fruit from a branch of an old vine, planted in the ground without severing it from the old vine, may be eaten even during the first year.
SOURCES: L. 196; Tashbetz 365.
A. Whether the branches are taken from a vine that has already borne fruit, or from one that has not yet borne fruit makes no difference. For the life of the new vine begins with the time the branch is planted in the ground. Even if the branch bore fruit before it was replanted, nevertheless, its fruit after replanting will be Orlah for three years. The fruit of the fourth year may be eaten after redeeming it for a penny, grinding the penny and throwing it into the river. However, the fruit from a branch of an old vine, planted in the ground without severing it from the old vine, may be eaten even during the first year.
SOURCES: L. 196; Tashbetz 365.
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