The
Mishna stipulates that Orlah fruit must be burnt to guarantee that no one benefits from them, and even a garment dyed by way of pigment derived from Orlah is to be destroyed. The ancient custom in the Land of Israel was to mark the ground surrounding Orlah-plantings with crushed potsherds (), so as to signify that the fruit grown on the trees are forbidden to be eaten until after the first three years. The
Sifra points out that the three year count begins on
Rosh HaShana (the Jewish new year) and not upon the tree's planting, or on
Tu Bishvat (the Jewish agricultural holiday). Thus, the fruit of a tree only two years and 30 days old may not be considered forbidden.
Outside of the land of Israel The
Jerusalem Talmud stipulates that "safek orlah" (uncertainty if the product is indeed orlah) is permitted outside of the land of Israel. However,
Rabbi Yochanan, in a letter sent to
Rav Yehudah and quoted in the
Babylonian Talmud, took a starkly stringent approach to the common practice of diasporic Jewry being overly lenient on "safek orlah"; Although
orlah is listed in the category of prohibitions pertaining to the
Land of Israel (), it is one of just two commandments of this category that applies outside of Israel as well. This law is considered a
law given to Moses at Sinai.
Questionable fruit Faced with an uncertainty as to whether an item is
orlah (or a result of orlah usage such as dye, etc.), the mishna prescribes that such product is permitted for consumption so long as the actual removal of orlah product is not "seen" being picked. The
papaya fruit is a subject of rabbinic dispute, as most of its fruit is harvested in the first three years after planting. Some rabbinic authorities maintain that the papaya is not a tree, thus making it orlah-exempt, whereas most rule that the laws of orlah do apply to the papaya.
Papain, (a "second crop" enzyme extracted from the papaya peel, used in beer, biscuits, and as a digestive aid) is likewise under rabbinic scrutiny as a dilution ratio of 200:1 (200 non-orlah fruit to 1 part orlah) is required to permit orlah, essentially prohibiting benefiting from this enzyme. == Practice in modern Israel==