Responsa for Bava Kamma 137:4
ותנן כרם רבעי היו מציינין אותו בקזוזות אדמה סימנא כי אדמה מה אדמה איכא הנאה מינה אף האי נמי כי מפרקא שרי לאיתהנויי מינה
that the <i>halachah</i> is in accordance with an anonymous Mishnah; and we have learnt:<span class="x" onmousemove="('comment',' M.Sh. V, I. ');"><sup>6</sup></span> 'In the case of a vineyard in its fourth year, the owners used to mark it with clods of earth', the sign implying an analogy to earth: just as in the case of earth a benefit may ensue from it,<span class="x" onmousemove="('comment',' In time, as after tilling, sowing and reaping. ');"><sup>7</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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