Tu Beshvat-Background & Customs relating to the 15th of Shevat

The Laws and Customs of Tu Beshvat

1. Halachic relevance of Tu Beshvat:[7]

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.

2. Customs of Tu Beshvat:

A. Tachanun:

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.

___________________________________________________

[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 7^th year while the Shelah Hakadosh holds we follow the 15^th of the 7^th year until the 15^th 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 15^th 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 15^th of Shevat is because a fruit grows off the water/sap of the previous year until the 15^th 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