The Laws and Customs of Tu Beshvat
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Introduction:
The day of Tu Beshvat is a Halachic date that affects the laws of Kashrus of fruits. Due to this, it has become known as Rosh Hashanah Leilanos.[1] Throughout the generations other customs have become attributed to this day, such as the omission of Tachanun, the prohibition to fast, and the eating of fruits. |
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Q&A on the essence of the day Is Tu Beshvat a day of judgment for the trees?Many Poskim[2] have written against the common conception that Tu Beshvat is a day of judgment for the trees. Although the Mishnah[3] refers to Tu Beshvat as Rosh Hashanah for trees, this is only with regards to the Halachic matters of tithes and not regarding the day of judgment. The Mishneh in Rosh Hashanah 16a explicitly lists four dates of judgment, and Tu Beshvat is not listed as one of them. Furthermore, Shavuos is the date listed as the day of judgment for fruits. Thus, the sources explicitly negate the notion of attributing a judgment day to trees on the 15th of Shevat. Nevertheless, despite the above, there are sources[4] that consider this day as a judgment day for the fruits of the trees, and so is the opinion of the Rebbe.[5] The explanation is as follows: Although everything is judged on Rosh Hashanah, nevertheless, a new judgment is given on the date that the tree begins to receive the sap and blossom fruit, which is Tu Beshvat. On Tu Beshvat the trees are judged while on Shavuos the fruits of the trees are judged. Is Tu Beshvat a Yom Tov?[6] Rabbeinu Gershom records that Tu Beshvat is a Holiday. It is for this reason that it is forbidden to fast on Tu Beshvat and we also omit Tachanun. Saying Chamisha Asar Beshvat versus Tu Beshvat 1. Question: [Monday 15th Shevat 5782] I have heard many times that one is to avoid using the term Tu Beshvat and is rather to use the term “Chamisha Asar Beshvat.” Is there any truth to this statement? Answer: Some are particular to call the holiday by its truly pronounced date of Chamisha Asar Beshvat, and not Tu Beshvat, as Tu does not represent a real number or date. Nonetheless, the widespread custom is not to be particular in this and to simply say Tu Beshvat, and there is no halachic relevance to this matter.The Rebbe’s custom: As far as I’m aware, in oral conversation [in Hebrew and Yiddish] the Rebbe always use the name “Chamisha Asar Beshvat” however, in written letters in English the Rebbe was seen to write the word Tu Beshvat. Explanation: There is no Halachic ramification whether one chooses to use the common term Tu Beshvat or the term Chamisha Asar Beshvat, as only in the laws of Sefiras Haomer do we find such a ramification and emphasis to say the actual number date as opposed to abbreviations, and practically since most people identify the holiday as Tu Beshvat, this is what is used in casual conversation as well as in common kindergarten songs. Nonetheless, some are particular to recite Chamisha Asar Beshvat, as did the Rebbe, both due to its intrinsic value of saying the actual date, as well as due to the dictum of the sages that “a student should always recite in the language of his Rebbe.” Nonetheless, the Rebbe was also seen to use the term “Tu Beshvat” in letters written in English. Regarding if the Rebbe ever gave a directive on this matter, I am unaware of any such directive or discussion from the Rebbe to avoid saying the word Tu Beshvat, and as stated above indeed this term was used in a letter of the Rebbe that he wrote to an individual in English. However, Reb Shneur Zalman Lefkivker of Tzefas relates that he once mentioned to the Rebbe that his birthday is on Tu Beav and the Rebbe corrected him to state Chamisha Asar Beav. However, it is unclear as to what can be learned from this especially regarding Tu Beshvat. To note, that those who are particular to say Chamisha Asar Beshvat should seemingly also be particular not to say Lag Baomer, as also lag is not a real date as brought in the Poskim that one does not fulfill his obligation of Sefiras Haomer with this term, and rather they should say Lamed Gimmel Baomer. Sources: See regarding saying things in the same language as one’s Rebbe: Mishneh Eidiyus 1:3; Brachos 47a; Likkutei Dibburim [Hebrew] 5:1103; Igros Kodesh 13:236; See regarding Lag Baomer and other abbreviations in relevance to Sefiras Haomer: Admur 489:25; Sheilas Yaavetz 139; Siddur Yaavetz Halacha 11; Birkeiy Yosef 489:9 “I lean towards this opinion, however it’s good to recount without a blessing”, brought in Shaareiy Teshuvah ibid |
The day of Tu Beshvat plays a Halachic ramification regarding the laws of Shemitah, Arla and Terumos Umaasros.
A. Shemitah:[8]If the fruits blossomed in the 6th year they are considered 6th year produce and do not contain Kedushas Shevi’is. If the fruit blossomed in the 7th year, prior to the 15th of Shevat it is disputed[9] as to whether the fruit is considered Kedushas Shevi’is or still retains a 6th year status. Practically, one is to be stringent like both opinions and remove from it Terumah and Maaser without a blessing, and the fruit is to be treated as Kedushas Shevi’is. If the fruits blossomed after the 15th of Shevat of the 7th year, then it is considered Shemitah produce according to all. If the fruit blossomed in the 8th year, prior to the 15th of Shevat, one should be stringent to treat it as Shemitah produce.[10]
Esrog/citrus fruits:[11] It is disputed regarding the Shemitah laws if we follow the blossom of the Esrog [as done with fruits] or the picking of the Esrog [as done with vegetables].[12] It is likewise disputed whether we follow the beginning of the 7th year or the 15th of Shevat of the 7th year. Practically, one is to be stringent like both opinions and remove from Esrogim that blossomed in the 6th year but were picked in the 7th year, Terumah and Maaser without a blessing and the fruit is to be treated as Kedushas Shevi’is.[13] Also, for the Sukkos of the Shemitah year one is to be stringent to purchase an Esrog that was picked prior to Shemitah, and hence satisfy all opinions. In the Sukkos of the eighth year however the Esrog is treated as Kedushas Shevi’is and hence may only be purchased through Otzer Beis Din.
B. Arlah:[14]
The years are not calculated from the actual day of planting, but rather in accordance to the years of the Jewish calendar which begins in Tishreiy. Thus, at times the prohibition will be for only two years and 44 days, and at times for even more than three years. For example: If one were to plant prior to the 16th of Av, which is 44 days before the new year, then when the new year arrives it is considered as if the tree is already a year old, and thus needs to wait only another two years. However, if one planted on the 16th of Av, or later, then he has to count three full years beginning from the coming new year, and thus ends up waiting for over three years to be able to eat fruit from the tree.[15] However, in the former case where a full three years was not kept, the fruits do not become immediately permitted after the fourth year enters. Rather, all the fruits which have blossomed prior to the 15th of Shevat of the 4th year are still prohibited because of Arlah, while those that blossom after the 15th of Shevat until the 15th of Shevat of the 5th year are no longer prohibited because of Arlah, and rather have the status of Neta Rivaiy. From the 15th of Shevat of the 5th year, all the fruits which blossom after that date are completely permitted.[16] There are opinions[17] which hold that this prohibition until the 15th of Shevat also applies to the latter case where a full three years was already kept.[18]
C. Terumos and Maasros:
Being Mafrish from one year to the next:[19] One cannot remove the tithes of fruits from a mixture of fruits of two different years. Hence fruits of the 1st year must have their tithes removed on their behalf from fruits of the 1st year and not from fruits of the second year. The same applies vice versa. The 15th of Shevat is the beginning of the new fruit year in this regard. Thus, from the 15th of Shevat 5779 until the 15th of Shevat 5780 is one full year of fruits that can have the tithes removed from each other. Fruits that blossomed before or after that date may not be tithed from, or on behalf of, those fruits.
The year of Maaser: In the 3rd and 6th year of Shemitah we remove Maaser Ani instead of Maaser Sheiyni. Regarding fruits, the year of Maaser Sheiyni and Maaser Ani begin from the 15th of Shevat.
| Year | Status |
| 5782 | Shemitah |
| 5783 | Maaser Sheiyni |
| 5784 | Maaser Sheiyni [for fruit continues until 15th Shevat 5785] |
| 5785 | Maaser Ani [for fruit continues until 15th Shevat 5786] |
| 5786 | Maaser Sheiyni |
| 5787 | Maaser Sheiyni [for fruit continues until 15th Shevat 5788] |
| 5788 | Maaser Ani [for fruit continues until 15th Shevat 5789] |
Tachanun is omitted from the prayer on Tu Beshvat.[20] Tachanun is omitted starting from Mincha of Erev Tu Beshvat.[21]
Fasting:[22] It is forbidden to fast on Tu Beshvat.
B. Eating fruits:[23]It is the custom of Ashkenazi Jewry to increase in eating fruits on Tu Beshvat. [This custom is today also followed by the Sephardim. The Chabad custom is to increase in fruits, especially in those fruits that Eretz Yisrael was praised for.[24]]
Public ceremony:[25] One is not required to eat the fruits in a public ceremony, but rather each person eats the fruits with his household.
How much to eat:[26] One is to eat enough fruits to recite an after blessing.
Carobs:[27] Our custom is to eat carobs [Bukser] on Tu Beshvat.
Yehi Ratzon prayer:[28] It is not our custom to recite any prayers upon eating the fruit.
The order: According to Chabad custom, they are not eaten in any specific order, other than the order ordained by Halacha.
Esrog jelly:[29] Some have the custom to eat Esrog jelly, of the Esrog used for Sukkos, on Tu Beshvat.
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Should one eat a Shehechiyanu fruit on Tu Beshvat?[30] It is a Jewish custom to try to eat a Shehechiyanu fruit on Tu Beshvat.
Miscellaneous Q&A relating to Tu Beshvat Fruits What blessing is one to say on Esrog jelly?[31] Borei Peri Haeitz.[32] Is the blessing of Shehechiyanu to be recited upon eating Esrog jelly?[33] No.[34]
Is the blessing of Shehechiyanu to be recited upon eating Carob? Some Poskim[35] rule that the blessing of Shehechiyanu is not to be recited over carob.[36] However, the Rebbe is reported to have answered Rabbi Chadakov that in Russia the blessing of Shehechiyanu was customarily recited over carob.[37]
Davening for one’s Esrog:[38] It is proper for one to pray on behalf of his Esrog on Tu Beshvat. The following prayer is recorded: תחילה יקרא שני פסוקים מסדר הבריאה בפרשת בראשית: וַיֹּאמֶר אֱלֹהִים תַּדְשֵׁא הָאָרֶץ דֶּשֶׁא עֵשֶׂב מַזְרִיעַ זֶרַע עֵץ פְּרִי עֹשֶׂה פְּרִי לְמִינוֹ אֲשֶׁר זַרְעוֹ בוֹ עַל הָאָרֶץ וַיְהִי כֵן: וַתּוֹצֵא הָאָרֶץ דֶּשֶׁא עֵשֶׂב מַזְרִיעַ זֶרַע לְמִינֵהוּ וְעֵץ עֹשֶׂה פְּרִי אֲשֶׁר זַרְעוֹ בוֹ לְמִינֵהוּ וַיַּרְא אֱלֹהִים כִּי טוֹב. ואחר כך יאמר נסח זה: יְהִי רָצוֹן מִלְּפָנֶיךָ ה’ אֱלֹקֵינוּ וֵאלֹקֵי אֲבוֹתֵינוּ, שֶׁתְּבָרֵךְ כָּל אִילָנוֹת הָאֶתְרוֹג לְהוֹצִיא פֵּרוֹתֵיהֶם בְּעִתָּם, וְיוֹצִיאוּ אֶתְרוֹגִים טוֹבִים יָפִים וּמְהֻדָּרִים וּנְקִיִּים מִכָּל מוּם. וְלֹא יַעֲלֶה בָּהֶם כָּל חֲזָזִית וְיִהְיוּ שְׁלֵמִים, וְלֹא יְהִי בָהֶם שׁוּם חִסָּרוֹן, וַאֲפִילוּ עֲקִיצַת קוֹץ. וְיִהְיוּ מְצוּיִים לָנוּ וּלְכָל יִשְׂרָאֵל אַחֵינוּ בְּכָל מָקוֹם שֶׁהֵם, לְקַיֵּם בָּהֶם מִצְוַת נְטִילָה עִם מִצְוַת נְטִילָה עִם הַלּוּלָב בְּחַג הַסֻּכּוֹת שֶׁיָּבֹא עָלֵינוּ לְחַיִּים טוֹבִים וּלְשָׁלוֹם, כַּאֲשֶׁר צִוִּיתָנוּ בְּתוֹרָתֶךָ עַל יְדֵי מֹשֶׁה עַבְדֶּךָ: ” וּלְקַחְתֶּם לָכֶם בַּיּוֹם הָרִאשׁוֹן פְּרִי עֵץ הָדָר כַּפֹּת תְּמָרִים וַעֲנַף עֵץ עָבֹת וְעַרְבֵי נָחַל”. וִיהִי רָצוֹן מִלְּפָנֶיךָ ה’ אֱלֹקֵינוּ וֵאלֹקֵי אֲבוֹתֵינוּ, שֶׁתַּעַזְרֵנוּ וּתְסַיְעֵנוּ לְקַיֵּם מִצְוָה זוֹ שֶׁל נְטִילַת לוּלָב וַהֲדַס וַעֲרָבָה וְאֶתְרוֹג כְּתִקְנָהּ בִּזְמַנָּהּ בְּחַג הַסֻּכּוֹת שֶׁיָּבֹא עָלֵינוּ לְחַיִּים טוֹבִים וּלְשָׁלוֹם, וְתַזְמִין לָנוּ אֶתְרוֹג יָפֶה וּמְהֻדָּר וְנָקִי וְשָׁלֵם וְכָשֵׁר כְּהִלְכָתוֹ. וִיהִי רָצוֹן מִלְּפָנֶיךָ ה’ אֱלֹקֵינוּ וֵאלֹקֵי אֲבוֹתֵינוּ שֶׁתְּבָרֵךְ כָּל מִינֵי הָאִילָנוֹת וְיוֹצִיאוּ פֵּרוֹתֵיהֶם בְּרִבּוּי, שְׁמֵנִים וְטוֹבִים, וּתְבָרֵךְ אֶת הַגְּפָנִים שֶׁיּוֹצִיאוּ עֲנָבִים הַרְבֵּה, שְׁמֵנִים וְטוֹבִים, כְּדֵי שֶׁיִּהְיֶה הַיַּיִן הַיּוֹצֵא מֵהֶם מָצוּי לָרֹב לְכָל עַמְּךָ יִשְׂרָאֵל לְקַיֵּם בּוֹ מִצְוַת קִדּוּשׁ וּמִצְוַת הַבְדָּלָה בְּשַׁבָּתוֹת וְיָמִים טוֹבִים וְיִתְקַיֵּם בָּנוּ וּבְכָל אַחֵינוּ מִקְרָא שֶׁכָּתוּב: “לֵךְ אֱכֹל בְּשִׂמְחָה לַחְמֶךָ וּשֲׁתֵה בְלֶב טוֹב יֵינֶךָ כִּי כְבָר רָצָה הָאֱלֹהִים אֶת מַעֲשֶׂיךָ”. “בָּאתִי לְגַנִּי אֲחֹתִי כַלָּה אָרִיתִי מוֹרִי עִם בְּשָׂמִי אָכַלְתִּי יַעְרִי עִם דִּבְשִׁי שָׁתִיתִי יֵינִי עִם חֲלָבִי אִכְלוּ רֵעִים שְׁתוּ וְשִׁכְרוּ דּוֹדִים”. יִהְיוּ לְרָצוֹן אִמְרֵי פִי וְהֶגְיוֹן לִבִּי לְפָנֶיךָ ה’ צוּרִי וְגֹאֲלִי |
[1] Rosh Hashanah 2a
[2] Shnos Chaim 31:1; Nitei Gavriel in name of various sources
[3] Rosh Hashanah ibid
[4] Adnei Paz 131:5
[5] Likkutei Sichos 2:518
[6] Rabbeinu Gershom 14; Maharam Merothenberg 5; Tashbatz 100
[7] See Gemara Rosh Hashanah 2a
[8] Grach Naah p. 11; Minchas Yerushalayim p. 94; See Minchas Yitzchak 7:97 and 6:130; See encyclopedia Talmudit Erech Tu Beshvat
[9] The Rambam rules we follow Rosh Hashanah of the 7th year while the Shelah Hakadosh holds we follow the 15th of the 7th year until the 15th of the eighth year.
[10] Based on Shelah ibid
[11] See R”H 14; Rambam 4:12
[12] Perhaps it is treated like a vegetable being that it grows daily from its water, similar to a vegetable and we should hence follow the day of its picking, being that on that day it also grew from the water. [Grach Naah p. 11; Rashi R”H 12b] Other Poskim however rule that we follow the blossom of the Esrog just like any fruit tree. [Raavad]
[13] Rambam ibid; Grach Naah
[14] Yoreh Deah 294
[15] The reason for why the tree must be planted 44 days prior to the new year, is because it takes 14 days for the tree to root into the ground, and one needs at least thirty days of the previous year while the tree is rooted in order to consider it a full year by the time the new year begins. [Taz 294:5; Shach 294:9]
[16] Michaber 294:4-5
The reason: The reason for this stringency in the former case is because a full three years was not kept, therefore there is a stringency towards its end to delay its permitted state until after the 15th of Shevat. [Michaber 294:5] However, see the next note that the Shach and Taz explain differently.
[17] Ran
[18] Michaber 294:5
The reason: As the reason why we wait until the 15th of Shevat is because a fruit grows off the water/sap of the previous year until the 15th of Shevat of the that year. Thus, it makes no difference whether one has counted a complete three years or not, as either way the fruits are growing from the sap of the previous year which was Orlah [Taz 294:8; Shach 294:10]
[19] Y.D. 331:57
[20] Michaber 131:6; Siddur Admur; Hashlama Divrei Nechemia 131:8
[21] Siddur Admur
[22] M”A 573:1; M”B 572:7
[23] M”A 131:5 in name of Tikkun Yissachar [Sefad 1600] p. 62; Peri Chadash 131:6; Elya Raba 131:14; Aruch Hashulchan 225:5; Hashlama Divrei Nechemia 131:8
[24] Sichas 1979:38; Sichas Beshalach 1980 56; Sefer Hasichos 1989 1:209 and in Hisvadyus 1989 2:225
[25] Sefer Hasichos 1989 1:209 and in Hisvadyus 1989 2:225
[26] Hisvadyus 1984 2:914
[27] Sefer Hasichos 1991 1:300
[28] Likkutei Sichos 31:235
[29] Alef Hamagen 660:7
[30] Rebbe in Sicha; Toras Menachem 5747 vol. 2 pg. 425; Piskeiy Teshuvos 225:17
[31] Orchos Chaim 202:9 in name of Minchas Pitim; Piskeiy Teshuvos 202:13 footnote 67; Luach of Rav Prus; Luach of Seder Birchas Hanehnin in English; Luach of Rav Elyashvili in Seder Birchas Hanehnin
[32] The raw peel of an Esrog which is edible receives the blessing of Shehakol prior to consumption. [See Admur 202:9; Seder 6:4 and 15; Ketzos Hashulchan 51:7 footnote 7] If the peel was turned into marmalade or a chocolate covered treat then its blessing is Haeitz. [Orchos Chaim 202:9 in name of Minchas Pitim Piskeiy Teshuvos 202:13 footnote 67; Luach of Rav Prus; Luach of Seder Birchas Hanehnin in English; Luach of Rav Elyashvili in Seder Birchas Hanehnin]
The reason: Esrog peels that are in jam or candy or chocolate are Haeitz as a) they are cultivated for their peel, and b) the peel is the main part of the fruit. [Poskim ibid based on Ran Shabbos 108; See Admur 202:9; Seder 6:4 and 15 that the only reason a peel is degraded from its blessing is because it is not the main part of the fruit, and hence by an Esrog, since it is the main part of the fruit its blessing is Haeitz.]
[33] Siddur Yaavetz Seder Birchas Hanehnin 25; Ashel Avraham Butchach 225; Leket Yosher p. 149; Halef Lecha Shlomo 92; Kesav Sofer 23; Mahariy Ashkenazi 9; Halachos Ketanos 2:257; Shaar Efraim 35; Beir Heiytiv 225:11; M”B 225:16; See Kaf Hachaim 225:43; Devar Yehoshua 2:33; Poskim in Piskeiy Teshuvos 225:17 footnote 124
[34] The reason: As the fruit is not fit to be eaten in its raw state and must be first cooked. [Siddur Yaavetz and Ashel Avraham ibid] Alternatively, the reason is because one already said Shehechiyanu over it on Sukkos. [Mahariy Ashkenazi ibid and Poskim ibid] Alternatively, the reason is because it does not have any season and is on the tree throughout the year. [Shaar Efraim ibid; Poskim ibid]
[35] Piskeiy Teshuvos 225:17 footnote 123 based on Kitzur SHU”A 59:17
[36] The reason: As we do not bless Shehechiyanu on foods that do not contain Simcha. [Kitzur SHU”A 59:17]
[37] From the diary of Rabbi C.M.I. Hodakov, dated the eve of the 15th of Shevat, 5718, Brooklyn, NY: “I asked the Rebbe if Shehecheyanu should be made on Bokser (carob), and the Rebbe answered that in Russia they would make the Brocho Shehecheyanu on carob. Also, when I commented that it is available year-round, the Rebbe responded that on Rosh Hashanah we also say Shehecheyanu on fruits that are commonly available, and there’s no reason to suspect that they are last year’s produce.”; Vetzaruch Iyun, as the Alter Rebbe writes in Seder Birchas Hanehnin 6:1 that since carobs do not commonly grow in Russia, therefore he avoided going into their laws.
[38] Lashon Chachamim 1:36
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