From the Rav’s Desk: Removing damaging weeds from a potted plant during Shemita

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  1. Question: [Monday 4th Adar 2, 5782]

I live in Eretz Yisrael and have a potted plant on my windowsill which is growing a type of wild flower that is very damaging to the plant. May I remove it?

 

Answer:

Yes, you may. It is best to kill the weed through using a weed killing spray, although if this is difficult to achieve you may pluck it out with your hands.

Explanation: The removal of weeds is included within the Melacha of Nekush which is Rabbinically forbidden to be done during Shemita due to it being a Tolda of planting which is forbidden during Shemita. Nonetheless, since it is only rabbinically forbidden, it may be done if it is damaging current plants. This allowance is known as Lekiyumei. This especially applies by a potted plant which is itself under debate as to its status.

Sources: See regarding the prohibition of Nikush: Rambam Shemita Veyoval 1:5; Hagahos Maimanis Hilchos Yom Tov 8 Tes; Shut Hamabit 1:250; Toras HaShemita 4:15; Halichos Hashevi’is 7:9;  See regarding doing Rabbinical Melachas for the sake of removing damage from the plant: Rambam 1:8 regarding watering the land; Chazon Ish 21:17; Halichos Hashevi’is 2:8-9

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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