Question:
Can I prune plants inside a house during shemittah?
Introduction:
We first need to differentiate between two different categories of plant pots that are located inside a building, and the relevant shemittah halochos that apply to each of them:
• Otzitz Nokuv (perforated plant pot) is considered from a Halachic perspective attached to the ground, even if there is no actual contact between the contents of the plant pot and the ground. Therefore, during shemittah one may only tend to the plants contained within this plant pot in the same restricted way that one may tend to plants that are actually planted in the ground.
• Otzitz sh’eino Nokuv (unperforated plant pot) is a plant pot that from a Halachic perspective is detached from the ground, therefore regarding shemittah it is subject to a far more lenient status than an otzitz nokuv: One is allowed to tend to plants in an otzitz sh’eino nokuv that inside of a building, either to maintain or even to improve that which is already planted in these plant pots (Pe’as Hashulchan Siman 20, Aruch Hashulchan Ha’asid Siman 16, based on the Yerushalmi).
Various factors contribute to whether a plant pot is considered nokuv or eino nokuv:
1) If the plant pot is located on a level higher than ground floor, according to some Poskim this factor by itself renders the plant pots located on this floor eino nokuv, even if the plant pot in question is perforated.
2) Holes in the plant pot base – if the plant pot contains holes in the base (even small holes), this is the classic definition of otzitz nokuv.
3) Holes in the plant pot sides – if the plant pot contains holes in the sides, under the level of the earth within the plant pot, this too is considered nokuv – even if the base is solid and unperforated.
4) Material from which the plant pot is made – when the plant pot is solid and contains no holes, if the material from which the plant pot is made is metal, wood, glass, wood or hard (and preferably thick) plastic then these materials are considered a barrier (between the ground and the earth/plant within the plant pot) and the plant pot is considered eino nokuv.
If the plant pot is earthenware or a mere plastic bag is used to hold the plants, then these materials are not considered a barrier and the plant pot will be classified nokuv.
5) Protruding leaves – even if it has been ascertained that the plant pot in question is classified eino nokuv, if some of the leaves extend out of the plant pot (i.e. over the sides), these will “circumvent” the barrier of the plant pot and cause the entire plant pot to be considered as if it is nokuv.
6) One can artificially cause an otzitz nokuv to be considered eino nokuv by placing it on top of a “barrier” consisting of one of the materials listed in (4) above. The same applies to protruding leaves in (5) – i.e. if a barrier consisting of one of the materials listed in (4) above is placed between the leaves and the ground, the plant is now considered as if it is located in an otzitz sh’eino nokuv.
It should be stressed that all the above applies specifically to a plant pot located inside a building.
However, if a plant pot is located on the ground, on a window ledge outside of a building or on a roof then even if it is eino sh’eino nokuv it has a far more severe status and it is only permitted to tend to these plants during shemittah in the same restricted way that one can tend to plants that are planted in the ground.
Discussion
A plant pot that is classified otzitz sh’eino nokuv and is located inside a building has a far more lenient status than other plants during shemittah, and one may tend to plants contained within these plant pots normally, either to maintain or to improve the plants contained within.
For a plant pot to be considered an otzitz sh’eino nokuv it should consist of hard (and preferably thick) plastic and additionally the leaves of the plants within should be contained within the perimeter of the plant pot (i.e. they should not protrude horizontally from the perimeter of the plant pot).
If plant leaves protrude horizontally from within the plant pot, one must ensure that a material that is considered a “Halachic barrier” (i.e. metal, wood, glass, wood or hard plastic) is placed between all the protruding leaves and the floor. The reason for this is because according to many Rishonim it is possible for a plant to draw in nutrients (“yenika”) via the leaves as well as via the roots.
Once every plant pot is classified otzitz sh’eino nokuv (by virtue of the fact that the plant pot is made from a material that is considered a “Halachic barrier” and the leaves are either contained within the plant pot or a “Halachic barrier” is placed between them and the floor) and is located inside of a building the plants can be watered normally and without limitation during shemittah (Sefer Mishpetei Eretz Perokim 7, 8; Sefer Shemittas Karka’os Perek 14).
Conclusion: To enable pruning plants inside a building during shemittah one must ensure that each plant pot is classified an otzitz sh’eino nokuv (non-perforated plant pot). An otzitz sh’eino nokuv is a plant pot that does not contain any holes in the base or the walls (under the level of the earth within) and consists of hard (and preferably thick) plastic. Additionally, the leaves of the plants within should not protrude horizontally outside the perimeter of the plant pot.
Alternatively, if plant leaves do protrude horizontally from within the plant pot, one must ensure that a material that is considered a “Halachic barrier” (i.e. metal, wood, glass, wood or hard plastic) is placed between all the protruding (or overhanging) leaves and the floor.
Once every plant pot is classified otzitz sh’eino nokuv and is located inside of a building the plants can be pruned without limitation during shemittah. |
