Q&A: Testimony of a Secular Person Regarding Prohibitions
Testimony of a Secular Person Regarding Prohibitions
Question
Hello
I moved into a new building, and in the garden there are fruit trees. I asked in the building’s group chat whether anyone knows how long the trees have been here, and several residents (secular) answered that it was about 5 years ago. The tree also looks fairly large to me, but I don’t understand trees or the laws of orlah. Is it permitted to eat the fruit?
Answer
Yes. If there is testimony that it is five years old, one may eat. The witness does not need to be halakhically valid, as long as he is speaking casually and innocently. In short, you yourself need to be convinced that the orlah years have passed; this is not a matter of formal halakhic rules of evidence. That is the meaning of “one witness is believed regarding prohibitions.” If it is not certain that the fourth year has passed, then the law of fourth-year produce applies, at least out of doubt (do not recite a blessing over the redemption):
https://www.toraland.org.il/29337