Shemittah Laws Explained: When Land in Israel Is Obligated and What Work Is Forbidden

Only land that meets three conditions is obligated in the laws of Shemittah (the Sabbatical year):

1. Land in the Land of Israel

2. Land owned by a Jew

3. Land that is under the open sky 
   (The laws regarding soil inside a house or in greenhouses will be explained later.)

The laws of Shemittah apply only to soil. Produce grown hydroponically (in water) is not subject to Shemittah laws (this will be explained later).

Shemittah applies both to a private field and to a jointly owned field. It also applies to land belonging to the public or public authorities, such as governmental bodies. However, regarding land owned by a municipality, there are opinions of halachic authorities who are lenient and hold that Shemittah does not apply there. Therefore, some activities — such as trimming wild growth, may be permitted.
In every case, a halachic authority must be consulted.

Shemittah applies to:

• Ownerless land (hefker) in the Land of Israel

• Wilderness areas in the Land of Israel

• The courtyard of a synagogue

Shemitah laws also apply to potted plants kept under the open sky, whether the pot is perforated (has holes at the bottom) or non-perforated (no holes at all).

Forbidden Agricultural Activities During Shemittah

As stated earlier, various agricultural activities are prohibited on land and trees during the Shemittah year. Some activities are biblically prohibited, and some are rabbinically prohibited.

Today, all these activities are prohibited only rabbinically. Anyone who performs one of these actions is not considered to have violated a biblical positive commandment, but rather a rabbinic prohibition.

The forbidden activities include:

• Clearing stones

• Plowing

• Hoeing

• Fertilizing

• Sowing

• Layering and grafting

• Planting trees

• Watering

• Harvesting

• Pruning

• Picking grapes

• Cutting back branches

• And any action intended to improve the soil or benefit the tree

Clearing Stones and Removing Weeds

Any action performed for agricultural purposes — that prepares the soil for sowing or plowing, is prohibited during Shemittah.

Therefore, it is forbidden to clear stones from a field, whether large or small. It is also forbidden to pull weeds if one intends to prepare the soil.

However, actions that are clearly not agricultural — done for cleanliness, aesthetics, or another purpose, are permitted.

Permitted

• Someone who needs stones for building a wall may collect stones from a field, but only those lying on the surface, not embedded in the ground, so it is clear he is not preparing soil.

• Clearing stones from parking lots, playgrounds, or walkways when they interfere with pedestrian movement.

• Removing weeds from a yard or area for:

  • safety from snakes or scorpions

  • fire prevention

  • aesthetics
    In such cases, weeds should not be uprooted from the root but cut above ground. If uprooting is absolutely necessary, it must be done by hand, not with a tool.

• Collecting dry branches or twigs for a bonfire is permitted, since it is clearly not for soil improvement.

Excavating and Developing Land; Fencing Fields

It is forbidden to open a new quarry or excavation if one intends to create agricultural land, because people may suspect he is preparing the land for planting.

However:

• If a person began quarrying before the Shemittah year, he may continue — provided he does not intend to create usable field space.

It is known that protecting Shemittah produce is generally prohibited (this will be discussed later). Therefore, it is forbidden to erect a fence or repair a breach between one’s field and a neighbor’s field or between one’s field and the public domain — even if one plans to leave an opening in the fence and not close the field completely.

Even in cases where protecting the field is permitted (e.g., from thieves, non-Jews, animals), it is still forbidden to build a fence around the field, because:

• Building a fence requires digging foundations, and there is concern that after digging, the owner might change his mind and use the dug trench for planting instead of fencing.

This prohibition applies specifically between one’s field and another person’s field. But between one’s field and the public domain, this concern does not apply, because people do not plant next to the public street.

Therefore, it is permitted to:

• Build a fence between one’s field and the public domain, when protection is halachically allowed (e.g., to prevent theft).

• Dig holes to install fence posts in such areas.

• Build a fence around one’s house to separate it from the public domain — even digging is permitted.

• Build a fence between one’s field and a non-Jew’s field.

• Build a fence around one’s own field to prevent damage, such as from flooding or similar hazards.