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8. Working the land prior to the Shemita year:[1]

During Temple and Biblical Shemita times: In times that the Temple is established [and Shemita is Biblically observed], it is Biblically[2] forbidden to perform any[3] Shemita forbidden work on the land beginning from thirty days before the 7^th year. This Mitzvah is known as Tosefes Shevi’is and represents the adding of the Holy to the mundane.[4] The Sages extended the restriction of performing certain agricultural field work starting from Pesach and Shavuos of the 6^th year, even though Biblically they are permitted until 30 days before Shemita.[5]

In today’s times: However, during times that the Temple is destroyed [and Shemita is only Rabbinically observed], there is no obligation at all, even Rabbinically, of resting the land thirty days prior to Rosh Hashanah of the Shemita year, and hence all agricultural work may be done to one’s field up until the start of the Shemita year.[6] Nevertheless, it remains forbidden to plant items prior to Shemita without enough time for the plant to root prior to Shemita and be considered to have started to grow in the 6^th year. The law is as follows:

Fruit bearing trees:[7] In the Halachic borders of Eretz Yisrael, fruit bearing trees which carry the laws of Arla, may not be planted past the 16^th of Menachem Av, from sunset of the 17^th and onwards, as if a tree is not planted prior to 44 days before Rosh Hashanah then the year that begins with Rosh Hashanah is considered the trees first year regarding Arla, which would cause the Shemita year to be considered the year of growth of the tree. If one transgressed and planted the above trees past the 16^th of the month, then they must be uprooted. Nonetheless, if one did not do so, the fruits remain permitted.

Non-fruit bearing trees and bushes:[8] In the Halachic borders of Eretz Yisrael, non-fruit bearing trees and bushes, may be planted up until the 16^th of Elul. From sunset of the 16^th and onwards they may no longer be planted. The reason for this is because it takes two weeks, 14 days, for the roots of a tree to root into the ground, and this is required to take place before Shemita to consider the tree to have been planted in the ground before the start of the Shemita year.

Flowers, and plants:[9] In the Halachic borders of Eretz Yisrael, flowers, and plants, may be planted up until the 27^th of Elul. From sunset of the 27^th and onwards they may no longer be planted. The reason for this is because it takes three days for the roots of a plant to root into the ground, and this is required to take place before Shemita to consider the plant to have been planted in the ground before the start of the Shemita year.

Lawn of grass:[10] A lawn of grass should be planted three months before the Shemita year [i.e. before the month of Tamuz] in order to allow the proper care for the lawn in order to stimulate its growth prior to the Shemita year.

Vegetables:[11] Vegetables should be planted enough time before Shemita so they begin to sprout above the ground before the Shemita year, and hence avoid entering the question of the Sefichin restriction that prohibits them from being eaten. See Chapter 3 Halacha 3 for the full details of this matter regarding Sefichin.

Grains and legumes:[12] Grains and legumes should be planted enough time before Shemita so they reach a 1/3 of their growth before the Shemita year, and hence avoid the Sefichin restriction that prohibits them from being eaten.

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[1] See Mishneh Shevi’is 1:1; 2:1; Rosh Hashanah 9b; Moed Katan 3a-4a; Rambam 3:1; Mitzvas Hashemita Kehilchasa [Goldberg] Chapter 1; Halichos Hashevi’is [Oz Vehadar] 1:1

[2] Based on Halacha Lemoshe Misinai. [Rambam ibid; Rebbe Yishmael in Rosh Hashanah ibid]

The source for this teaching: See Moed Katan ibid; Halichos Hashvi’is ibid

[3] Implication of Rambam. [Derech Emuna 3:1; Halichos Hashvi’is ibid]

[4] Rosh Hashanah 9b; Rambam 3:1; See Moed Katan 4a

[5] See Rambam ibid; Mishneh Shevi’is 1:1; 2:1; Moed Katan 3a

[6] Rambam 3:1; Moed Katan 4a that so enacted Raban Gamliel and his Beis Din, who followed the opinion of Rebbe Yishmael

Other opinions: Some Poskim rule that even today there is an obligation of Tosefes Shevi’is, although one fulfills the Mitzvah with any amount of time added prior to the Shemita year. [Rash Siriloa Shevi’is 1:1] Some write that at least one full day must be added, according to this opinion. [Minchas Shlomo Tinyana 116] See Halichos Hashevi’is [Oz Vehadar] 1:1

[7] Rambam 3:11; Mishneh Shevi’is 2:6; Yoreh Deah 294:4; Rosh Hashanah 9b

[8] Aruch Hashulchan Hasid Zeraim 18:3; Minchas Shlomo 1:48; Sheves Haretz 3:5; Hashemita Kehilchasa 1:9; Mitzvas Hashemita Kehilchasa [Goldberg] 1:9; See Rosh Hashanah 10b; Tosafus Rid Rosh Hashanah 10a; Minchas Chinuch 298:5; 326; Halichos Hashevi’is [Oz Vehadar] 1:1-2

Other opinions: Some Poskim rule that there is no restriction against planting non-fruit bearing trees before Rosh Hashanah of the Shemita year. [Chazon Ish Shevi’is 22:5]

[9] Mitzvas Hashemita Kehilchasa [Goldberg] 1:9

Other opinions: Some Poskim suggest that there is no restriction against planting plants before Rosh Hashanah of the Shemita year. [See Chazon Ish Shevi’is 22:5]

[10] Mitzvas Hashemita Kehilchasa [Goldberg] 1:10

[11] Mitzvas Hashemita Kehilchasa [Goldberg] 1:11 Halichos Hashevi’is [Oz Vehadar] 1:1-2 is no restriction against planting plants before Rosh Hashanah of the Shemita year. [See Chazon Ish Shevi’is 22:5]

[11] Mitzvas Hashemita Kehilchasa [Goldberg] 1:10

[11] Mitzvas Hashemita Kehilchasa [Goldberg] 1:11; Halichos Hashevi’is [Oz Vehadar] 1:1-2

[12] Mitzvas Hashemita Kehilchasa [Goldberg] 1:12; Halichos Hashevi’is [Oz Vehadar] 1:1-3