Orlah, the prohibition of eating the fruit that grows in the first three years after a tree has been planted, occupies an interesting position among agricultural mitzvot. Unlike most of the other mitzvot hateluyot ba?aretz, the prohibition of orlah applies even outside of Eretz Yisrael. However, in a case of safek orlah, where the Halachic status of the fruit is in doubt, fruit that grew in Eretz Yisrael is forbidden, but that which grew in chutz la?aretz is permitted.



In Kiddushin 37a, we learn that in Eretz Yisrael, orlah is forbidden by Torah law; whereas, outside of Eretz Yisrael, the prohibition is a halachah leMoshe miSinai; i.e., a law that has no Scriptural basis, but according to tradition, was given to Moshe orally at the same time as the written Torah. This accounts for the difference regarding safek orlah.



Chazal propose two reasons for the different status of orlah inside and outside of Eretz Yisrael. They first suggest that the Scriptural law of orlah applies only in Eretz Yisrael because the relevant Torah section opens with the words, ?When you come to the land and plant?.? (Vayikra 19, 23) Chazal, however, reject that explanation, pointing out that the mitzvoth of tefillin and firstborn domestic animals are also introduced with those words, and yet they apply even in chutz la?aretz. They then propose that since orlah is a chovat karka, ?an obligation of the land,? the prohibition has particular significance in Eretz Yisrael.



The Or HaChaim sees the pasuk in Vayikra as bringing together three distinct mitzvot: (a) the duty of aliyah to Eretz Yisrael; (b) the duty to plant fruit trees in Eretz Yisrael; and (c) the duty to observe the mitzvah of orlah. He then suggests that we may understand the fruit trees as a metaphor for talmidei chachamim, the verse implying that Torah study is best in Eretz Yisrael.



Thus, the mitzvah of orlah, like many other mitzvot, has special import and meaning in Eretz Yisrael. Other mitzvot can be done only in Eretz Yisrael.



We have a choice. We can perform our mitzvot in a ?limited? way in chutz la?aretz or strive to observe them in the optimal manner in Eretz Yisrael.



Which option shall we choose?

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Chaya Passow writes from Jerusalem.



Aloh Naaleh is an organization dedicated to building Aliya motivation among North American Jewry. Torah Thoughts contributed by Aloh Naaleh members appear in the Orthodox Union's Torah Insights publication. Contact Aloh Naaleh at aloh-naaleh@aaci.org.il.