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The Mishnah (2a) states that the Rosh Hashanah for trees is the first of Shevat according to Beis Shamai, and the fifteenth of Shevat according to Beis Hillel. The Gemara seeks a source for Shevat as the new year for trees, and it answers that since most of the rain of the year has already fallen by this time it is considered the end of the year for trees. Even though the winter season is not yet over and more rain may still fall, since a majority of the winter season has passed this date is considered the end of the year for trees.
The Gemara's intention is unclear. It is true that once most of the year's rain has fallen the trees begin to blossom. Why, though, does that render Shevat the Rosh Hashanah for trees? Why does the time of blossoming determine the date of the new year for trees?
The Gemora cites an incident with Rabbi Akiva that he picked esrogim from a tree on the first of Shevat. He separated ma’aser sheini as if it was the second year of the Shemitah cycle and he also separated ma’aser oni as if it was the third year of the Shemitah cycle. Rabbi Akiva was being strict regarding the halachos of separating ma’aser from the fruits of the tree. The commentators ask that separating ma’aser from fruits is only Rabbinic and the principle is that when there is a doubt on a Rabbinic law, one has a right to be lenient. Why did Rabbi Akiva choose to be strict?
We continue our exploration into the ecological implications of tree preservation.