Question:Is it permitted to straighten a plant pot inside of a house that falls over 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). 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. |
Shemittah
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