Negative Commandment #105
Sefer Ha’mitzvos Ha’Katzar (The concise book of mitzvos)
By the Chofetz Chaim
This book lists the Torah mitzvos that can be observed today
Second Section – the Negative Commandments
105. It is a negative commandment “do not eat fruit from a tree during the first three years after it is planted”
As it states in Vayikra (Leviticus) 19:23, “three years it shall be forbidden to you. Do not eat it.” Even if there is a doubt regarding if the fruit is within the first three years, it should not be eaten. Outside the Land of Israel, there is a law handed down from Moses that if the fruit is definitely within the first three years, it is forbidden, but if it is in doubt, it is permitted. In the Land of Israel, regarding eating fruit that is definitely within the first three years, a person is punished with lashes. Outside the Land of Israel, a person receives Rabbinic lashes.
This applies to men and to women.