Responsa for Bava Kamma 137:9
והצנועין מניחין את המעות ואומרים כל הנלקט מזה מחולל על המעות הללו
Does not this contradict R. Johanan? Nor can you urge in reply that the Tanna who recorded the practice of the virtuous was R. Simeon b. Gamaliel,<span class="x" onmousemove="('comment',' Who made the immediately preceding statement. ');"><sup>15</sup></span> [and R. Johanan might therefore not have concurred with this anonymous view stated by a single Tanna] for did not Rabbah b. Bar Hanah say<span class="x" onmousemove="('comment',' B.M. 38b. ');"><sup>16</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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