The Mitzvah of Shemitah of the Land
Declaring the Field Ownerless
A person who has fruits or vegetables in his field that are not sefichin is commanded to declare them ownerless, and the gates of the field and the doors must be open at all hours of the day and night. However, if there is a need for this [for example, if there is a concern that items may be stolen from the field], it is permitted to lock them. One should hang a sign stating that the produce is ownerless and indicate where the keys can be obtained in order to enter the field.
The declaration of ownerlessness applies only to the produce and not to the trees or the land [therefore, one must be very careful when picking fruit not to damage the trees or the field]. It is permitted to enter the field only in order to gather fruit and not for other purposes; even when entering in order to gather the fruit, one must leave immediately upon completing the gathering. The owner of the field may do in his field whatever he wishes.
It appears that only in a field designated for growing fruit, vegetables, and grain must the owner leave it open. But in the courtyard of a home, whose primary use is not for cultivation, and likewise an apartment balcony on which vegetables grow — there is no need to leave the courtyard and the home open. Rather, if someone comes and asks to take from the fruits or vegetables, he should allow him to enter and gather, or he should pick them for him.
The amount that may be gathered from the field, whether by the owner of the field or by others, is an amount sufficient for a person and the members of his household for one to two weeks; see above, chapter 8, section 33.
The Definition of Ownerlessness
The later authorities disagree as to whether the shemitah of the field is “afka’ata de-malka,” meaning that the produce becomes ownerless against the will of the owners, or whether the ownerlessness takes effect only if the owners actually declare the field ownerless [see Responsa Maharit, vol. 1, siman 43; Responsa Avkat Rochel, siman 24; and Minchat Chinuch, mitzvah 84].
In practice, every person is permitted to take the produce of the field even if the owners did not declare it ownerless.
The owners are not obligated to publicize where their fields are located.
With regard to produce of Otzar Beit Din as well, the produce itself is ownerless, but one must pay the Beit Din for the associated expenses.
The Mitzvah of Shemitah in the Courtyard of a Private Home
A person who has a courtyard at his residence fulfills in it the mitzvah of shemitah of the land only if the land is designated for plowing and sowing.
The Mitzvah of Shemitah in a Shared Apartment Building
One who lives in a shared apartment building and some of the neighbors do not observe Torah and mitzvot must ask the neighbors not to perform the prohibited labors in the courtyard during the shemitah year: not to plant new trees and not to cut branches in order for the trees to grow better.
Regarding watering, there is no need to protest against them.
If his words are not heeded, since the matter does not depend on him, he is considered under duress, and he may declare his share ownerless before three people; then he does not transgress any prohibition at all.
Regarding payments to the building committee, he should tell the building committee that the money he pays is only for building needs that are permitted according to Halacha.
