Potted Plants During Shemitah
The Laws of the Seventh Year Regarding Plants Growing Indoors
The Jerusalem Talmud (Orlah 1:2) raises a doubt as to whether a plant growing inside a house is subject to the laws of the Seventh Year. The Pe’at HaShulchan (siman 20) writes that since Shemitah nowadays is rabbinic, we apply the rule that a doubt concerning a rabbinic law is treated leniently. However, in practice we rule that this is not treated as a case of “a rabbinic doubt to be treated leniently”; rather, the laws of the Seventh Year apply to it (at least rabbinically). [See Chazon Ish, Shevi’it, simanim 22 and 26].
The definition of a “house” for this purpose is a roofed area with partitions ten tefachim high, not exposed to sun, wind, and rain.
The Laws of Shemitah Regarding Potted Plants
It is explained in the Gemara (Shabbat 95) that a perforated pot has the status of land according to Torah law, since it draws nourishment from the ground; consequently, it is clear that the same applies regarding Shemitah.
A perforated pot means that it has a hole underneath. If it has a hole on the side, opposite the soil, the Rishonim disagree about this, and in practice its status is that of a perforated pot.
It is further explained there that the Sages decreed regarding a non-perforated pot because of a perforated pot, and we do not find explicitly what its law is regarding Shemitah. The simple understanding is that the same applies regarding Shemitah. [See Chazon Ish, Shevi’it, siman 26].
Most pots nowadays are considered perforated pots, because the size of a hole that renders a pot “perforated” is the size of a small root (Uktzin 2:10). Since the exact measure is not clearly known, one must be concerned and stringent even with a small hole; therefore, most pots nowadays have the status of a perforated pot.
A perforated pot, even if it is suspended in the air and is not resting on the ground, has the status of a perforated pot.
Separation by Means of the House Floor
Regarding vegetables, there is room to discuss whether the house floor interrupts the nourishment from the ground, so that a pot resting on it, even though it is perforated, is considered non-perforated. Regarding a tree, porcelain flooring and tiles do not interrupt the nourishment from the ground, whereas marble flooring does interrupt the nourishment. Regarding a concrete floor, there is room to discuss that even for vegetables it may not interrupt the nourishment.
Heavy planters or planters attached to the ground, as well as a pot that contains forty se’ah, are treated as though the plant in them grows directly in the ground (Agli Tal, the labor of Reaping; Chazon Ish, Shevi’it, siman 26; and see Yoreh De’ah 294:26).
For a pot to be considered non-perforated, in the case of trees the pot must be made of metal, glass, or rigid plastic, with no holes at all. But if the plant is annual, or if it is perennial but soft like a vegetable, even if the pot is made of clay or wood, its status is that of a non-perforated pot.
If the branches extend outside the pot, it is considered a perforated pot, as will be explained below.
Caring for Potted Plants During the Shemitah Year
A pot, whether perforated or non-perforated, that is located on an uncovered balcony has the status of standing on the ground, and it is forbidden to perform work on it during the Seventh Year. However, in several respects a non-perforated pot differs from a perforated one: it appears that the prohibition of sefichin does not apply to it; the prohibition of produce that was sown, guarded, and worked does not apply to it; it does not become prohibited at the time of bi’ur if bi’ur was not performed; and there is room for doubt whether it possesses the sanctity of the Seventh Year.
A perforated pot in a roofed house has the status of a perforated pot in the ground.
A non-perforated pot in a roofed house: ideally one should not perform work on it, but one who is lenient has authorities on whom to rely.
A perforated pot under which a true separation has been placed, such as a surface of metal, glass, or PVC, has the status of a non-perforated pot.
If the separation is made of clay or wood, its status is that of a perforated pot. These laws of separation apply to a tree, but for seeds and vegetables, any separation is effective to render it a non-perforated pot. (A perennial plant has the status of a tree; an annual plant has the status of a vegetable; and even a soft perennial plant has the status of a vegetable).
A non-perforated pot from which a branch extends outside the pot: if the pot is standing on the ground, it is considered a perforated pot; if the pot is placed in a house, this requires discussion [see above under the heading “Separation by the House Floor”].
If one moved a pot that had been standing on soil to a paved area [and it is permitted to do so during the Seventh Year, since this reduces its nourishment from the ground], it is forbidden afterward to return it to its place [because this again increases the nourishment from the ground].
A perforated pot located inside the house may not be lowered from the table to the floor, because this increases its nourishment from the ground; likewise, it may not be lowered from the windowsill to the floor [but it is permitted to raise it from the floor to the table, since this reduces the force of its nourishment].
The solution for moving a perforated pot during the Shemitah year is to place it on a rigid plastic surface; then it may be moved and lifted during the Seventh Year and transferred from place to place inside the house, while holding the surface underneath it the entire time — including while transferring it. However, this should not be done outside the house.
Regarding a perforated pot located inside the house, some are lenient to drag it from place to place without lifting it from the floor.
A pot located inside the house may not be taken out to the yard during Shemitah; but if one wraps the pot in nylon, it may even be taken outside.
As stated, a pot located inside the house may not be taken out to the yard. Likewise, some are stringent not to move it from one house to another, and also not to bring it from the nursery/store to the house; this requires discussion. If one wraps the pot in nylon, it may be moved from place to place.
It is permitted to turn a perforated pot into a non-perforated one by placing a plastic surface underneath it as above, since this reduces the force of its nourishment. But it is forbidden to turn a non-perforated pot into a perforated one, since this increases the force of growth; therefore, if there is a metal or glass surface under a perforated pot, or PVC, one may not remove that surface from there.
Buying Flowers During Shemitah
- One must buy from a store or nursery that has supervision — because of the prohibition of sefichin, and also in order to ensure that no forbidden work was performed on the flowers during the Seventh Year, due to the prohibition of assisting transgressors. If the flowers have a fragrance, there is also a prohibition of commerce.
