Permitted Activities in a Home's Yard During Shmita - Rabbi Saadia Metuf shlita

00:02 Speaker 1 You’re listening to “Lemaan Yishme’u,” a podcast from Machon Halacha Chabad.

00:09 Speaker 2 The year 5782 is approaching. We’re in 5781, on the eve of the Shemitah year, 5782. With Hashem’s help, we’ll talk about Shemitah. We’ll begin with an introduction, and later, with Hashem’s help, we’ll discuss various things we need to prepare for as the coming Shemitah year approaches. What do we need to prepare even before Shemitah begins, although the law of adding time to the seventh year does not apply nowadays? We’ll also discuss practical matters in every Jewish home: homes with gardens, how to care for those gardens, and later, what foods we may eat, what is permitted and forbidden, and how we should conduct ourselves during Shemitah. Among the reasons for the mitzvos, there are some fourteen or fifteen reasons given for the mitzvah of Shemitah. We’ll briefly mention the reason the Rebbe gives in a letter from 6 Tishrei 5733, where the Rebbe compares Shabbos to the Shemitah year. With Shabbos, we work for six days and rest on Shabbos. With Shemitah, we have: “For six years you shall sow your field, and in the seventh you shall let it rest and leave it untended.” The Rebbe says that on Shabbos, all work is forbidden. In the Shemitah year, not all work is forbidden: “You shall not sow your field, and you shall not prune your vineyard.” What is the reason for observing Shabbos? To know that Hakadosh Boruch Hu created the world. What is the reason for the mitzvah of Shemitah? To know that the world has a Master. When we leave the land alone and make it ownerless, we show that the world has a Master. In fact, the Rebbe says that the mitzvah of Shemitah is a central pillar of our entire lives, not just of the Shemitah year. On Shabbos we affirm that Hakadosh Boruch Hu created the world, but the Shemitah year comes to emphasize that throughout our lives we must know that the world has a Master. This is expressed in the tzedakah we give: it shows that everything belongs to Hakadosh Boruch Hu, and what we give comes from His hand. As the Rebbe explains at length, the mitzvah of

03:22 Speaker 2 tzedakah is not necessarily about giving money. It also applies in spiritual matters and in our dealings with other people. We must always know that what Hakadosh Boruch Hu has graciously given us does not belong to us alone; we must share it with others. That is the message the mitzvah of Shemitah conveys to us. Now I’ll speak about our obligation to study the laws of Shemitah. I’ll quote what the holy Shelah writes in Shaar Ha’osiyos: “I have come to caution you about the laws practiced in Eretz Yisroel. If you, like me, merit to come and live in the Holy Land, you should know what to do. I urge you to be very meticulous about them, so that you do not sin, G-d forbid.” The holy Shelah is saying that anyone who lives in Eretz Yisroel needs to know the mitzvos that apply specifically to the Land, so that, G-d forbid, they do not stumble. There’s a joke about someone who had to travel abroad to a place with no kosher restaurants, where kosher food was unavailable. They asked him, “What will you do?” He said, “I’ll eat only fruit and vegetables.” Then there’s the story of someone who traveled to Eretz Yisroel. They asked him, “What will you do about kashrus in Eretz Yisroel?” And he answered, “I’ll eat only fruit and vegetables.” But we know that in Eretz Yisroel there are mitzvos that apply specifically to the Land. There are issues involving the prohibition of orlah and the separation of terumos and maasros, and we need to know those laws well. Perhaps this was not always so obvious. Now, boruch Hashem, we have merited the ingathering of exiles, with many Jews gathering here in Eretz Yisroel. With Hashem’s help, may we merit everyone coming here with the true and complete Geulah. At that point, the mitzvah of Shemitah we’re discussing will be a Torah obligation. Today, according to most halachic authorities, the mitzvah of Shemitah is rabbinic. But when people moved to Eretz Yisroel, there were Jews—even Jews who were scrupulous in their observance of Hashem’s word—

06:03 Speaker 2 who did not separate terumos and maasros. When asked why, they said, “We didn’t do that outside Eretz Yisroel.” That is why the holy Shelah emphasizes the importance of studying the mitzvos that apply specifically to the Land, so that, G-d forbid, we do not come to transgress. There is an interesting response from the Rebbe, brought in Likkutei Sichos, volume 36, page 298. A family suffering from a health problem wrote to the Rebbe, and the Rebbe replied: “They surely erred in eating with regard to matters of Shemitah.” We see how important this is, and that it affects a person’s health. The Rebbe also addressed the executive committee of Agudas Chassidei Chabad in the Holy Land. Among other things, the Rebbe wrote to them about arranging for products free of Shemitah concerns and disseminating the laws of Shemitah. We see how important it is for a person to study and prepare for the seventh year and all its laws, so that we can truly observe Shemitah properly. Now let’s discuss what the Torah commands us regarding Shemitah. The Torah commands us: “When you come into the land that I am giving you, the land shall rest—a Shabbos for Hashem. For six years you shall sow your field, and for six years you shall prune your vineyard and gather in its produce. But in the seventh year, the land shall have a complete rest, a Shabbos for Hashem. You shall not sow your field, and you shall not prune your vineyard. You shall not reap what grows of its own accord from your harvest, and you shall not gather the grapes of your untended vines. It shall be a year of rest for the land.” “You shall rest from plowing and harvesting.” These are the foundations of the mitzvah of Shemitah. In fact, we have here Torah commandments: two positive commandments and four prohibitions. The two positive Torah commandments are that the land shall rest—rest for the land and rest for the trees. And there are four prohibitions: gathering grapes, harvesting, sowing, and pruning. As for plowing, there is a discussion about whether its prohibition is from the Torah or rabbinic. We also have activities

09:22 Speaker 2 that are prohibited rabbinically, such as clearing stones from a field or garden to prepare it for sowing, applying manure or fertilizer to plants, watering, and the like—things we want to provide for a plant. So that, briefly, is what the Torah tells us. What is permitted during Shemitah, and what is forbidden? We spoke about what we need to prepare before Rosh Hashanah of the Shemitah year. Now let’s talk about what we may do in the garden during the Shemitah year itself. Grass grows during Shemitah, so let’s discuss mowing the lawn. If we’re talking about a full lawn, there is a range of opinions about when and how it may be mowed during Shemitah. Do I have to wait until it grows beyond the usual height at which we mow it during the year? I’ll tell you what seems to me to be the practical halacha: it is important to keep roughly to our normal mowing schedule. Why? Because when the grass starts growing and I mow it, I shorten its blades. On the one hand, that suppresses its growth, and on the other, it keeps the lawn looking nice. So it is actually preferable to mow the lawn at approximately the usual times. That is if we’re talking about a full lawn. But if the lawn is not yet full and has bare patches, mowing it encourages it to grow and spread into those patches. Since I would be promoting growth, it would be forbidden to mow such a lawn during Shemitah. That’s why we spoke earlier about preparing in advance and making sure the lawn is full, so that we can care for it during Shemitah. Now let’s talk about trimming a hedge. What is permitted during Shemitah? If we’re talking about a hedge that is still

12:56 Speaker 2 It isn’t full; it has bare patches. If we prune it to improve the plant, help it develop, and fill in all those bare patches, that is prohibited pruning, because I’m causing the plant to develop and improve by making new branches grow. But if we’re talking about a hedge that is already full, neatly shaped, and well maintained, and all I’m going to do now is preserve its beauty and appearance, then I may trim that hedge. Even so, some say that when the Torah says, “You shall not prune your vineyard,” the question is whether the prohibition applies specifically to a vineyard or to all other trees as well. Some say the Torah prohibited pruning only in a vineyard, but others write that the prohibition applies to all trees. Since there is an opinion that pruning trees is a Torah prohibition, they hold that we should be stringent and have a non-Jew do this trimming, rather than a Jew. There is also an opinion that always prohibits trimming a hedge. At the same time, we need to know that when branches grow toward the sidewalk or the path we use and get in our way, and I remove those branches—and only those branches that obstruct the way—then it is clear that I’m not acting to improve the plant; I’m removing something that bothers me. In that case, it is permitted. Similarly, at the entrances to some courtyards, there are hedges on either side of the gate that grow over it, forming an archway, and people shape them. So when that hedge is already full and begins to grow, and I

16:07 Speaker 2 trim it for appearance and also so it won’t get in the way, that too is permitted. That concludes our discussion of pruning. Now let’s talk about watering trees and plants during the Shemitah year. Watering is prohibited by rabbinic law. If we’re talking about the rainy winter season, there is certainly no need to water: the soil is saturated, and the plants don’t need water right now. Since this is an activity prohibited by rabbinic law, the Sages said that if it is done to maintain the plant so it won’t die, it is permitted. But if it is done to strengthen, improve, or develop the plant, it is prohibited by rabbinic law. When an activity is prohibited by the Torah, it remains prohibited even if the plant will die. So, as for watering plants: since watering is prohibited by rabbinic law, we may not water to improve a plant during the Shemitah year. But if it is to keep the plant alive, so it won’t wilt or dry out, we may water it. Here we have to consider each plant and each tree individually. Some trees are many years old, and nothing will happen to them even if we don’t water them, so we may not water them during the Shemitah year. But if a plant could be harmed, wilt, or dry out, we water it as needed to keep it alive. The same applies to a lawn. May we water it? Certainly, on summer days, particularly hot days, when it could dry out if we don’t water it, we may

19:06 Speaker 2 water it. How much? Everyone should consult their gardener or draw on their own experience. Generally, the approach should be to use less water and water at longer intervals—enough to keep the grass from wilting. Some require us to wait until we see the grass blades beginning to yellow slightly, and then water. The same applies to other trees: each tree must be considered on its own. It is preferable to water with drip irrigation or sprinklers rather than hold a hose in our hands and water the plants, because when we hold the hose, we are actively watering at every moment. That is why drip irrigation or sprinklers are preferable. There is another question concerning watering with a computerized system. We have controllers that operate automatically according to settings programmed in advance and water the garden. What is the ruling if, before Shemitah, we set the controller to water at scheduled intervals and also to fertilize through the system? If I do this before the Shemitah year, may I set the controller to water and fertilize as usual, or not? There is a disagreement about this. Some say that since I’m doing the programming before Shemitah, there is no problem setting it to the usual watering and fertilizing schedule, as in any other year. Others disagree. They say that there is also a commandment for the land to rest, and when I water and fertilize as usual, the land is working; I’m not giving it its rest. Therefore, the controller should not be programmed as usual, but rather to provide the minimum needed to keep the plant alive, not to improve it. Even those who permit programming the controller in advance to water on its usual schedule

22:21 Speaker 2 permit it only on condition that there is no concern about how it will appear to others. If there is such a concern, they too prohibit programming it as usual. So far, we’ve spoken in general about watering that we initiate. Now let’s talk about cases where I don’t intend to water, but in practice I do water. I’ll add a few more points about watering: things we do without intending to water. For example, when we wash the floors in the house, we pour the water outside, and it runs into the garden and waters it. Or an air-conditioner’s drainpipe is in the yard and waters the plants. Or we hang laundry that hasn’t been wrung out, and it drips onto the plants. Since we don’t intend to water the plants in these cases, it is permitted. Nevertheless, some have written that we should be careful about these things too, and not pour floor-washing water outside where it will water the garden. If the floor-washing water contains cleaning products that do not benefit the plant and may, on the contrary, harm it, then doing so is permitted during the Shemitah year. One thing we do need to be careful about is Sukkos during the Shemitah year: when we eat in the sukkah and wash our hands outside over the plants, it is explicitly stated that we must be careful not to wash our hands over them, because they benefit from that water. So we should not wash our hands directly over the plants. Now let’s discuss fertilizing and manuring plants. As we said earlier, this is prohibited by rabbinic law. We spoke about preparing before Shemitah by applying slow-release fertilizer that works throughout the year. But if someone did not do that and sees that a plant is going to wilt if he doesn’t fertilize it, not

25:11 Speaker 2 Fertilize it—then, if it is necessary to keep the plant alive, fertilizing is permitted to the extent needed for that purpose. But if we want the plant to grow, develop, and produce flowers—in other words, to improve it—that action is forbidden during the Shemitah year. I’ll finish here with one last halachah about caring for the plants in our gardens. When we have roses, what may we do and what may we not do during Shemitah? As we said, we need to prepare in advance and prune them properly before the Shemitah year. During Shemitah, we may not prune roses, because pruning encourages vigorous growth and new blooms. And it isn’t only pruning: even if a flower has wilted, we may not remove it, because removing the wilted flower encourages new flowers to grow, so that too is forbidden. Only if rose branches are growing into the path or onto the sidewalk and getting in the way may I prune what is obstructing the way. Then it is clear that the pruning is not for the plant’s benefit, but to keep the passage clear for people walking along the path. When we pick flowers from the garden to put in a vase at home, that is permitted. But we need to do it differently from the usual way: pick them either lower or higher on the branch. Among Yemenites who chew gat, you need to know how to pick it—not too high and not too low. Why? Because they want two new branches to sprout on the sides, so they pick at a particular height. The gat leaves have to be picked carefully, in a way that encourages new growth. Therefore, when we cut flowers in our garden, we need to do it

28:02 Speaker 2 differently from the usual way, lower or higher, so that it does not improve the plant or encourage it to grow. We are now approaching the Shemitah year of 5782. So let’s discuss what we need to prepare for already this year, so that we will not have to transgress any prohibitions during Shemitah. We know that sometimes questions come to us: “Rabbi, we forgot and left the water heater on over Shabbos. What do we do?” Or, “We left the oven on.” Then we have to look for a non-Jew who can do what is needed in a permitted way. So who is wise? One who foresees what is coming. Likewise, as Shemitah approaches, anyone with a yard or garden should prepare now, rather than enter Shemitah and then come with questions. The same applies to caring for potted plants in the home: arrange and prepare everything in advance. A person with a garden or yard needs to know that even leveling the soil in the yard is forbidden work, because it prepares the ground for sowing. So we need to make sure to level the ground before Shemitah. Whatever needs weeding and clearing should be done before Shemitah. The areas around the trees should also be put in order and prepared beforehand. As for anything we want to plant, let’s discuss fruit trees, non-fruit trees, and other plants, and how long before Rosh Hashanah of the Shemitah year we need to plant them. Although nowadays the law of adding time to the seventh year—thirty days and so on before Shemitah, as mentioned in the Mishnah—does not apply, when it comes to planting fruit trees, we need to plant them forty-four days before Rosh Hashanah. There are differing opinions as to whether that is 15 Menachem Av or 16 Menachem Av. We

31:04 Speaker 2 need two weeks for the tree to take root in the soil, and another thirty days so that this year, 5781, counts as the first of the orlah years. In an ordinary year, even if we planted after that date, there would be no problem; we would just count the orlah years differently. But now, before Shemitah, if we plant after 16 Menachem Av, when will we begin counting the orlah years? We will begin counting them from the Shemitah year. That creates a problem of appearances: people may think, G-d forbid, that we planted the tree during Shemitah, when planting is forbidden by Torah law. Therefore, we must make sure to plant before 15 or 16 Menachem Av. If someone planted after that date, the Rambam writes that he must uproot the fruit tree he planted. That applies to fruit trees. A non-fruit tree must be planted two weeks before Rosh Hashanah of the Shemitah year, on 15 Elul, to allow two weeks for the tree to take root. If the tree comes with its root ball in a bag or pot, it can be planted even on the eve of Rosh Hashanah, since it has already taken root in the clump of soil that we plant along with it. The same law applies to perennial shrubs. Perennial shrubs have the status of non-fruit trees, and we need to plant them two weeks before Rosh Hashanah of the Shemitah year. If they come with a root ball, they can be planted in the ground even on the eve of Rosh Hashanah. Now let’s talk about sowing. When I sow seeds in the ground before Shemitah, I must sow them three days before Rosh Hashanah so that they take root before Rosh Hashanah. Because although there is not yet a prohibition

34:15 Speaker 2 against sowing, there are things, such as vegetables, that will be subject to the prohibition of sefichin. We won’t go into that now; perhaps we’ll address it later, with Hashem’s help. So, in principle, I can sow flowers and the like three days before Rosh Hashanah, so that they take root before Rosh Hashanah. That means I can sow seeds up to 27 Elul, before the Shemitah year. As for grass, there are different details depending on the kind of grass we are talking about, and we need to prepare for that before Rosh Hashanah too. If we are talking about planting grass—taking grass shoots from somewhere and planting them—or sowing grass seed, we need to do that several months before Shemitah. The grass needs time to take root, and we will need to water it a lot so that it fills in, and mow it to help it spread. By the eve of Rosh Hashanah, the lawn needs to be full. If it has not filled in, we will not be able to tend to it during Shemitah, because mowing it encourages it to grow and fill in. That is similar to pruning: it improves the grass, and that action is forbidden. So we need to do this in the spring or summer, at least three months before Rosh Hashanah, water it generously, and apply a high level of nitrogen fertilizer so that it develops and fills in before Rosh Hashanah. We’ll discuss mowing the lawn during Shemitah later, with Hashem’s help. That is regarding planting or sowing grass. As for rolls of turf—ready-made sections that are bought and laid on the ground, square by square—we can lay that kind of grass until 27 Elul, three days before Rosh Hashanah, giving it three days to take root in the ground. Fertilizing: since fertilizing plants during Shemitah is one of the rabbinic prohibitions,

37:16 Speaker 2 we need to prepare for that in advance too and fertilize the soil beforehand. We can use slow-release fertilizer, which comes as small pellets mixed into the soil. This fertilizes the soil as the pellets gradually break down, and it can last six months or even throughout the Shemitah year, so that we will not need to fertilize the soil during Shemitah. The same goes for pruning trees and hedges. A wise person thinks ahead. Before Rosh Hashanah, up to the eve of Rosh Hashanah, I need to prune them as much as possible, so that during Shemitah I will need to do as little pruning of the trees and other plants as possible.