Orlah 3:8 - 3:9

נתפצעו האגוזים – We have the reading, “crushed nuts” and we don’t have the reading, “How?” And our Mishnah comes to teach us that specifically whole are not nullified but not broken or crushed.

נתפרסו הככרות – this anonymous teaching is according to Rabbi Akiva, and the Halakha is according to him.

ספק ערלה – such as an idolater who has plants of Orlah in his garden, and in his hand are fruit and it is not known if they are of Orlah or something older (i.e., past the fourth year).

בארץ ישראל – that it is doubtfully from the Torah, for stringency.

בסוריא מותר – because it is the conquest of an individual (i.e., David – and not a national conquest – so as to give the land the sacred character of the land of Israel – see Talmud Gittin 8b), and they were stringent with it somewhat.

ובחוצה לארץ יורד ולוקט – in the midst of the garden and he purchases from the idolater from that which he harvested already, just as long as he doesn’t see him harvesting.

ובחו"ל יורד ולוקט – the idolater goes down and harvests in the presence of the Israelite, and the Israelite purchases it from him, as long is the Israelite does not harvest it by [his own] hand.

בכל מקום – and even in the Diaspora, as it is written (Leviticus 23:14 – though the text itself has a printing error in listing chapter 24): “You shall eat no bread or parched grain or fresh ears…in all your settlements.”

והערלה הלכה – a usage dating from Moses as delivered from Sinai/a traditional interpretation of a written law, that it is forbidden outside the Land [of Israel] and nevertheless if there is a doubt [regarding it], it is permitted, for such was stated that a usage dating from Moses as delivered from Sinai, that a doubt regarding it will be permitted outside the Land [of Israel].

והכלאים מדברי סופרים – especially mixed seeds from the vineyard, since in the Land [of Israel] they are strict and prohibit [deriving from it] benefit from the Torah; outside the Land [of Israel], the Rabbis decreed regarding this. But mixed seeds that are in the Land [of Israel] they permitted in deriving benefit; outside the Land [of Israel] the Rabbis did not decree regarding them. But the grafting of the tree is forbidden outside the Land [of Israel] from the Torah, as it is written (Leviticus 19:19): “[You shall observe My laws.] You shall not let your cattle mate with a different kind; you shall not sow your field with two kinds of seed.” Just as your cattle with mating, so your seed with grafting; just as your cattle whether in the Land [of Israel] or outside the Land [of Israel], even your field with regard to grafting, whether in the Land [of Israel] or outside the Land [of Israel].