Halacha for Wednesday 12 Cheshvan 5775 November 5 2014

Working the Land During Shevi’it-Introduction to the Laws of Tending to Gardens and Flower Pots During Shevi’it

We have already explained that the Torah prohibits working the land during Shemitta, as the Torah states, “You shall not sow your field nor shall you prune your vines. That which grows on its own of your harvest you shall not reap and you shall not pick the grapes of your undressed vine, it shall be a year of solemn rest for the land.” Let us now discuss some details regarding these laws.

The laws of working the land during Shevi’it apply only in the Land of Israel. Since we have many members who live outside of Israel and these laws don not really apply to them on a practical level, we shall not delve into these laws at length and we will only discuss the primary points. Following this, we shall discuss the laws of Shevi’it which apply to those who reside outside of Israel as well.

Non-Fruit-Bearing Trees on Shabbat and the Shemitta Year
Just as it is forbidden to plant seeds or fruit trees during the Shemitta year, it is likewise forbidden to plant any trees or plants that do not bear fruit. The Mishnah (Terumot, Chapter 2) states: “One who plants during Shevi’it, whether intentionally or non-intentionally, must uproot.” This means that if one mistakenly plants any kind of plant in one’s yard during Shevi’it, one must uproot these plants and not allow them to remain. In this regard, planting during Shevi’it is more severe than planting on Shabbat, for according to the letter of the law, if one mistakenly plants a tree on Shabbat, one need not uproot it which is not the case regarding Shevi’it, as we have just explained. The Gemara (Gittin 54a) delineates the reason for this.

A Garden in the Yard of One’s Home
All laws of Shevi’it which apply to a field apply to the garden in one’s yard as well.

Just as it is forbidden to plant in a field or garden during Shevi’it, it is likewise forbidden to plant in a perforated flower pot (i.e. a flower pot which has holes on the bottom, as most flower pots do), for a perforated flower pot is considered attached to the ground (Gittin 37a). Our Sages decreed that it is likewise forbidden to plant in a non-perforated flower pot (such as a flower pot that has a bowl or plate under it) during Shevi’it.

Uprooting a Plant From a Non-Perforated Flower Pot
The great Rishon Le’Zion, Hagaon Harav Yitzchak Yosef Shlit”a, writes (in his Yalkut Yosef-Shevi’it, page 285) that although one is obligated to uproot plants or trees one planted during the Shemitta year, nevertheless, if the owner of a nursery planted things in non-perforated flower pots during Shevi’it, it is permissible to purchase these flowers from him after the conclusion of the Shemitta year, for the edict obligating one to uproot the plant does not apply to things planted in non-perforated flower pots.

Hoeing, Fertilizing, and the Like  
Just as it is forbidden to plant in a field during Shevi’it, it is likewise forbidden to work the land in any way and to benefit the growth of the crops. Included in this prohibition are the works of fertilizing, hoeing, ploughing, adding soil, covering roots, and the like besides for certain instances which we shall discuss. There is no difference regarding these laws between a field, a garden, or a flower pot.

When we said that it is forbidden to plant in flower pots, this applies only to flower pots found under the open sky. However, the law is different regarding household flower pots, as we shall discuss in the next Halacha.

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