If one plants a tree not for its fruit, but for its wood or as a fence, orla does not apply to the fruit that grows on it. Such a tree is not considered a “tree for food,” and the mitzva of orla applies only to a fruit tree, as it says: “When you plant any tree for food, you shall regard its fruit as orla” (Vayikra 19:23). However, the Sages limited this leniency to cases in which it is evident that the tree was planted not for its fruit. If the trees are planted very densely, for example, it is clear that they were meant for firewood. If one prunes the branches in a way that causes them to thicken, it is evident that the tree was planted for lumber. If the precise placement of the trees shows that they were planted as a fence around a yard, orla does not apply to them. If one intended one side of the tree to serve as a fence and the other side to produce fruit, orla does not apply to the fence side, but it does apply to the fruit side (Mishna, Orla 1:1; Yerushalmi, Orla 1:1; SA YD 294:23). If one wishes to eat fruit from the side to which orla does not apply, one must separate terumot and ma’aserot without a berakha (see Yerushalmi, Orla 1:1). If, however, the tree was planted both for fencing or lumber and for fruit, then orla applies to its fruit.
If trees, such as olive trees, are planted for ornamental purposes, orla does not apply to their fruit. However, there is some doubt about trees planted as ornamentals when their fruit also contributes to their appearance, such as pomegranates and date palms. Since orla applies by Torah law, one must be stringent in cases of doubt. Only when it is clear that the fruit itself was not intended to enhance the tree’s appearance does orla not apply to it.
