Laws of Shemitah That Apply on the Eve of the Shemitah Year | Ask the Rabbi - SHEILOT.COM

Laws of Shemitah That Apply on the Eve of the Shemitah Year

The Law of Adding to Shemitah in Our Times

When the Beit HaMikdash stood, the law of adding to Shemitah applied as a halacha le-Moshe mi-Sinai — thirty days before the seventh year. The Sages also added a prohibition against plowing on the eve of Shemitah: in an orchard of fruit trees from the festival of Shavuot, and in a grain field from the festival of Pesach. However, in our times the law of adding to Shemitah does not apply.

The Law of Planting Trees Nowadays on the Eve of the Shemitah Year

It is forbidden to plant a fruit tree from the 17th of Av of this year [because a tree planted from the 17th of Av, with regard to orlah, is treated as if it were planted in the following year, and people may think it was planted during Shemitah]. However, it is permitted to plant until Sunday, the 16th of Av, at sunset. Some permit only until the 15th of Av at sunset; and this year, according to that opinion, one may plant only until Friday.

Non-fruit-bearing trees, ornamental shrubs, and fragrant trees, since they do not produce fruit, are not subject to the law of orlah; therefore it is permitted to plant and transplant them until Rosh Hashanah of the Shemitah year. Some maintain that since their rooting period is 14 days, they may be planted only until the 15th of Elul and not afterward.

Transferring Saplings of Fruit Trees from Place to Place on the Eve of the Shemitah Year

If the pot or bag in which a fruit tree is planted has a hole two centimeters in diameter, and there is a firm clod of earth around the roots that will not crumble when the tree is moved, it is permitted to transfer it until the eve of Rosh Hashanah of the seventh year [since the reason it is forbidden to plant after the 15th of Av is that the years of orlah would be counted as if it had been planted in the following year, and people may think it was planted during Shemitah. But here, since the pot has a hole as above and the root is surrounded by soil, even when moving the tree from place to place, according to the basic law this is not considered a new planting, and one need not count the years of orlah for it anew, since its nourishment from the ground and from the soil in which it was planted was not severed. And since according to the basic law the years of orlah continue to be counted from the time it was planted in the nursery, it is therefore permitted to transfer it even on the eve of Rosh Hashanah of the seventh year. Although with regard to eating the fruit we are stringent and are concerned for orlah because of the interruption of nourishment when the sapling is transported from the nursery to the home in a vehicle, nevertheless, regarding the prohibition of planting on the eve of Shemitah, one may be lenient]. However, in practice it is difficult to check and ascertain that all the conditions for transferring the tree in the above manner are indeed met; therefore, in practice, fruit trees should be planted in a garden or orchard only until the 16th [15th] of Av.

Sowing Grain and Legumes on the Eve of the Shemitah Year

Grain and legumes may be sown only if they will reach one-third of their growth before Rosh Hashanah.

Rice, millet, poppy, and sesame may be sown only if they will reach full maturity before Rosh Hashanah.

Sowing Vegetables on the Eve of the Shemitah Year

Vegetables may be sown only if they will sprout [the beginning of growth] before Rosh Hashanah.

Vegetable seedlings and soft flowers [which do not have the status of a tree] may be planted until the 27th of Elul at sunset, since the rooting period of a vegetable is three days.

Work on the Soil on the Eve of the Shemitah Year

It is permitted to plow, prune, and mow grass until Rosh Hashanah, and likewise to perform the other forms of work on the soil.

Therefore one should hoe, fertilize, and prune the branches before the Shemitah year.

The Time for Planting Trees, Vegetables, and Soft Flowers in a Non-Perforated Pot on the Eve of the Shemitah Year

If the pot in which one plants or transplants is on an uncovered balcony, its law is as stated above.

If the pot is on a covered balcony or inside the house, in a place not exposed to wind and rain, ideally its law is as stated above; however, some are lenient even to sow and plant during the Shemitah year itself, as will be explained below in Chapter 8.