parashah Behar

 

Forbidden Activities during Shemittah

28. Which agricultural activities are forbidden during shemittah?

There are two categories, with differing laws.

1. Activities originally forbidden by the Torah. These are:
- Plowing (choreish).
- Planting seeds and plants (zorei'a and notei'a).
- Pruning (zomeir).
- Harvesting (botzeir and kotzeir).
2. Work forbidden rabbinically. This includes a large range of activities too numerous to list. Common examples are watering, fertilizing, weeding, spraying.

29. What is the practical difference between the two categories?

- Activities originally forbidden by the Torah may never be done, even if this will cause irreparable damage to plants.
- Activities forbidden rabbinically may not be done to improve the plants, but under certain circumstances are permitted to prevent damage.

30. Under which conditions are rabbinically forbidden activities permitted?

Two conditions must be fulfilled:
- The potential damage is a type that typically affects many people's plants, rather than an unusual occurrence affecting only the individual.
- Refraining from the work will cause irreparable damage to plants or fruits, or will cause only temporary damage, but repairing the damage after shemittah would involve a large expenditure.
In any event, the work must be kept to the minimum. 

31. May one ask a gentile to do forbidden activities?

No. Forbidden work may not be done even by a gentile. In contrast, work that is permitted may be done even by a Jew.

32. Must a landlord ensure that his tenant observes the laws of shemittah?

A person who rents out a house with a garden must ensure that forbidden work is not done during shemittah, whether by the tenant or by anyone else. Even if the tenant is not Torah observant, effort must be made to explain to him which activities should not be performed during shemittah. It is recommended that the landlord stipulate this in the contract at the time of rental.

33. What if the landlord sees that forbidden work is being done?

It is recommended that he call together three men, and declare to them that he relinquishes his ownership of the garden for the duration of the shemittah year. This applies even if only rabbinically forbidden work is being done.

34. Is the landlord's wife required to do the same?

If the house is also registered in her name, she should similarly relinquish her ownership.

35. Does the same apply to a jointly owned garden?

Basically, yes. If a person owns an apartment in a building that has a communal garden, effort must be made to ensure that only permitted work is done. If work forbidden originally by the Torah cannot be prevented, one should preferably relinquish his share in the garden. However, if only rabbinically forbidden work is done, he is not required to relinquish his share. Nevertheless, if any forbidden work is being done, he must not contribute money towards the upkeep of the garden. Therefore, when paying the monthly fee for maintenance, he should specify that his money is to be used for other expenses.

36. Must a renter be concerned about this?

A renter is not required to relinquish his share in the garden, since he is not the owner. However, if any forbidden work is being done, he must not contribute money towards the upkeep of the garden. Therefore, when paying the monthly fee for maintenance, he should specify that his money is to be used for other expenses.

37. Must one relinquish his share in municipal or national gardens?

No. Ideally, effort should be made to persuade the authorities to refrain from forbidden work during shemittah, since everyone has a share in municipal and national gardens. However, if one is helpless to do anything, he is not required to relinquish his share.

38. May one visit botanical gardens during shemittah?

If forbidden work is done there, one should not visit the gardens, since the money paid for admission will be used to promote the desecration of shemittah.

39. May one visit public parks during shemittah?

Even if prohibited work is done there, one may visit the park since admission is free and it is not forbidden to benefit from the surroundings. 

from:

Guidelines to Shemittah Questions and Answers about the Laws of Shemittah
Rabbi Elozor Barclay and Rabbi Yitzchok Jaeger