Non-Fruit Trees in Shemitah

Q. In the weeks or days preceding Rosh Hashana of a Shemitah year, are there any limitations on planting vegetables or non-fruit trees?

A. A previous Halacha Yomis mentioned that the Rambam (Hilchos Shemitah 3:11) writes that one may not plant a fruit tree in Eretz Yisroel after the fifteenth of Av (within 44 days of the Shemitah year). Since the age of the tree will be counted as though it were planted during Shemitah, it may give the impression that it was planted during Shemitah in violation of halacha. This reason would only make sense for fruit trees which have Orla restrictions, but not for non-fruit trees or to vegetables. Therefore, some poskim, including the Chazon Ish (Sheviis 22:5), rule that it is permissible to plant these types of trees or vegetables right up until Rosh Hashana. The Chazon Ish points out that there is no mention in the Gemara or early poskim of any prohibition except regarding fruit trees. However, other poskim, including Iglei Tal (Zoreiya 8:2) and Rav Shlomo Zalman Auerbach zt”l (Minchas Shlomo 1:51:6), write that one should not plant within 3 days of Rosh Hashana, since it takes at least 3 days for plants to take root. If one plants within 3 days, he is causing the plant to take root during Shemitah and it is considered as if you are preventing the land from resting.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.