Judy’s fig tree TB Kidushin 37

As everybody knows there are 613 mitzvot in the Torah. Even if we wanted to, we could not observe all 613 commandments. Some just don’t apply to everybody. Because they served in the Temple by offering of sacrifices, kohanim, priests, are obligated to observe more mitzvot than regular Israelites. Today’s daf TB Kidushin 37 delineates those mitzvot which can only be observed in the land of Israel. Consequently, we Jews living in the diaspora have less mitzvot to observe.

“MISHNA: Any mitzva that is dependent on the land [aretz] applies only in Eretz Yisrael, and any mitzva that is not dependent on the land applies both in Eretz Yisrael and outside of Eretz Yisrael. This is apart from the mitzvot of orla and diverse kinds, which apply even outside of Eretz Yisrael. Rabbi Eliezer says: This is the halakha even with regard to the prohibition to eat from the new crop before the omer offering has been brought on the sixteenth of Nisan.” (Kidushin 36b-37, Sefaria.org translation)

The Gemara clarifies what does “depended on the land” and “not dependent on the land” meaning. “Rav Yehuda said that this is what the mishna is saying: Any mitzva that is an obligation of the body, i.e., an obligation upon the person, applies both in Eretz Yisrael and outside of Eretz Yisrael. Conversely, an obligation of the land, that is, a mitzva that applies specifically to the earth and its growths, applies only in Eretz Yisrael.” (Sefaria.org translation)

An example of an obligation applies only in the land of Israel even today would be trumah and ma’aserot, all the different tithes. These gifts to priests and levites are removed to allow the rest of the produce to be consumed; however, they are destroyed since the priests and levites cannot eat them in ritual readiness because the Temple is destroyed. An example of an obligation upon the person would be the observance of Shabbat. No matter where we live, we should observe the Sabbath.

Today’s daf has particular significance in my life. The Torah commands us to wait for three years before partaking of any fruit from fruit bearing trees. The forbidden fruit of this period is known as orla. Included in the prohibition of orla is the fruit and all its parts. This would include the seeds, peel, skin and outer protective shell of the fruit. Judy loves figs so two years ago she bought and planted a fig tree. Until today I thought that the laws of orla only apply in the land of Israel, but I was wrong. Rambam rules we should not eat the figs from our fig tree until the fourth year. “With regard to the prohibition against orlah in the Diaspora, it is a halachah transmitted to Moses at Sinai that fruit that is definitely orlah is forbidden. If there is a doubt regarding the matter, it is permitted.” Mishneh Torah, The book of Holiness, The laws of forbidden Food, chapter 10; halakha 10, Sefaria.org translation)