Guide: How to Observe Land Work Prohibition
A comprehensive guide to understanding which land requires Shemitah observance, prohibited field work, and regulations regarding excavation and land development
- יוסף גולדפרנדי
- פורסם ט"ו אלול התשע"ד

#VALUE!
Only land that meets these 3 conditions is obligated in Shemitah:
Land in Israel
Land owned by a Jew
Land under the open sky (the status of land in houses or greenhouses will be explained below)
Shemitah laws apply only to land cultivation; they don't apply to water-based growing methods (as will be explained below).
Shemitah applies to both privately owned fields and fields owned by partners.
Shemitah applies to land belonging to the public or public authorities. However, for municipal lands, some authorities rule leniently that Shemitah doesn't apply, allowing certain activities like pruning live hedges. Consult a rabbi in each case.
Shemitah applies to ownerless land or desert areas within Israel.
Shemitah applies in synagogue courtyards.
Shemitah laws also apply to potted plants placed under the open sky, whether the pot has drainage holes (a perforated pot) or doesn't have any holes at all (an unperforated pot).
Which activities are forbidden in the land and with trees during Shemitah
As explained above, various agricultural works are prohibited on land and trees during the Shemitah year. Some activities are forbidden by Torah law and others by rabbinic decree.
In our times, all these agricultural works are prohibited by rabbinic decree. Anyone who performs one of these activities hasn't transgressed a positive Torah commandment but has violated a rabbinic prohibition.
The prohibited activities include: removing stones, plowing, hoeing, fertilizing, sowing, grafting, planting trees, watering, harvesting, pruning vines, picking grapes, trimming branches, and any work that improves the land or trees.
Clearing a field of stones and weeds
Any action with agricultural intent, meaning any action that prepares the land for sowing or plowing, is forbidden during Shemitah. Therefore, it's forbidden to clear (remove) stones from a field, whether large or small stones.
Similarly, it's forbidden to weed a field if the intention is to prepare the land.
However, activities clearly not for agricultural purposes but for cleanliness, aesthetics, or other needs are permitted. Therefore, a person or contractor who needs stones for building a wall may collect stones from a field. However, they should only take stones lying on the ground, not those embedded in the soil, making it clear they aren't doing this for agricultural purposes.
It's permitted to remove stones from parking lots, playgrounds, and walkways if they interfere with movement.
It's permitted to clear weeds from a yard or specific area if done to clean the area to prevent snakes or scorpions from hiding there, to prevent fires, or even for aesthetic purposes. However, one shouldn't uproot them but rather cut them above ground level. If they must be uprooted, do it by hand rather than with tools.
It's permitted to collect dry wood or twigs from the ground for a fire, and there's no suspicion that one is collecting wood to improve the land, as it's clear they're collecting for another purpose.
Quarrying and land development + fencing a field
It's forbidden to open a new quarry in the land if intending to create a field, as people might say they intend to improve their field. But if quarrying without intending to make a field, it's permitted.
If someone began quarrying before the Shemitah year, they may continue, provided they don't intend to create a field.
It's known that preserving Shemitah produce is forbidden (this will be explained later), and therefore it's forbidden to build a fence or repair a breach between one's field and a neighbor's field, or between one's field and public property (this prohibition applies even if one intends to leave an opening in the fence for passersby and isn't completely sealing off the field).
Even in cases where it's permitted to protect one's field (such as from thieves, non-Jews, animals, etc.), it's forbidden to fence the field. This is because building a fence requires digging foundations first, and there's concern that after digging, a person might change their mind and use this excavation for planting or sowing rather than for building the fence. This prohibition applies specifically between one's field and a neighbor's field. However, between one's field and public property, there's no such concern, as people don't typically plant near public roads.
It's permitted to build a fence between one's field and public property (in cases where guarding one's field is permitted, such as from thieves, etc.) and to dig holes for posts, since there's no custom to plant near public roads.
Similarly, it's permitted to build a fence for a house to separate it from public property, and it's even permitted to dig in the ground for the fence.
It's also permitted to build a fence between one's field and a non-Jew's field.
And it's permitted to fence one's field if there's risk of damage, such as flooding or similar hazards.