Cutting back a fruit tree, Part II

Hi,

If one's fruit tree is harming his other plants, and the other plants are more significant to him, he may uproot or cut back the fruit tree.

(Taz Yoreh Deah 116:6)

Have a great day,
Mordechai

Cutting back a fruit tree

Hi,

One is not permitted to cut down a branch if that branch produces fruit. However, there are circumstances in which this is permitted; more in upcoming emails.

(Taz Toreh Deah 116:6)

Have a great day,
Mordechai

Cutting back a neighbor's nuisance

Hi,

If a neighbor's branch overhangs one's property, one may cut back any branch which impedes normal use of his property. One may not cut past the property line, though.

(Code of Jewish Law Choshen Mishpat 155:26)

Have a great day,
Mordechai

Don't be a nuisance

Hi,

If the noise and vibration of one's gardening work causes physical damage to one's neighbor's property, one must distance his work from that neighbor's property, and one is liable to pay for damages.

The same rule applies if one's work makes it physically impossible for his neighbor to do his own work, in his own property. One must even distance himself if his work is simply causing a headache for the neighbor.

(Code of Jewish Law Choshen Mishpat 155:15)

Have a great day,
Mordechai

The Tenth of Tevet

Hi,

The fast of Asarah b’Tevet, the 10th day of Tevet, marks the beginning of the Babylonian siege of Jerusalem. It led to the destruction of the First Beit haMikdash, and the exile of the Jews to Babylon.

Today [Sunday 12/27/09] is Asarah b'Tevet. As we are taught regarding every fast other than Yom Kippur, the main merit of the fast is in donating to charity the money we would have spent on food.

(Talmud, Berachot 6b; Code of Jewish Law Orach Chaim 549:1; Mishneh Berurah 549:2)

Have an easy and meaningful fast,
Mordechai

Planting near a wall

Hi,

One should distance his plants from his neighbor's wall, to prevent causing harm to that wall. The default assumption is that a distance of 11 inches is safe.


(Code of Jewish Law Choshen Mishpat 155:5; Me'irat Einayim 155:19)

Have a great day,
Mordechai

My neighbor's roots

Hi,

If I am digging a hole in my property and I encounter roots from my neighbor's tree, I am entitled to cut those roots. If the roots are within 16 cubits (about 29 feet) of my neighbor's tree, I must give him the pieces of the roots, for they are considered a part of his tree; otherwise, I may take the wood.

(Code of Jewish Law Choshen Mishpat 155:30; Me'irat Einayim 155:68)

Have a great day,
Mordechai

Tree Zoning

Hi,

One whose tree overhangs a public road must cut it back to such an extent that it will not interfere with standard traffic.

(Code of Jewish Law Choshen Mishpat 155:27)

Have a great day,
Mordechai

Splitting a shared garden

Hi,

Partners who decide to separate their shares in a garden, such that each will now plant within a separate property, are obligated to contribute toward the establishment of fences between the areas.

However: If the local practice is not to have fences, then one party - or even the majority of the parties - cannot force the others to participate in establishing fences.

(Code of Jewish Law Choshen Mishpat 158:1; Sefer Me'irat Einayim 158:2)

Have a great day,
Mordechai

Watering plants on Shabbat, Part II

Hi,

The prohibition against watering plants on Shabbat extends to potted plants.

However: One may water vegetables and edible plants which are separate from the ground, in order to keep them from drying out and becoming inedible. This is because those vegetables/plants could be used for the Shabbat meal.

(Code of Jewish Law Orach Chaim 321:11; Mishneh Berurah 321:37)

Have a great day,
Mordechai

Watering plants on Shabbat, Part I

Hi,

On Shabbat one may not water plants which are connected to the ground; this is a sub-category of the general prohibition against planting on Shabbat.

(Mishneh Berurah 321:37)

Have a great day,
Mordechai

Eating fruit from a grafted tree

Hi,

One may not graft a branch from a tree of one species to a tree of another species. However, one may eat the fruit which results from such a graft. This permission extends to the product of any interspecies grafting - fruits or vegetables.

(Code of Jewish Law Yoreh Deah 295:7; Beiur haGRA Yoreh Deah 295:22)

Have a great day,
Mordechai

Maintaining a grafted tree

Hi,

One may not maintain a tree if it is has been grafted inappropriately. However, one may take a branch from such a grafted tree and plant that branch elsewhere. (Of course, the fact that this latter use is permitted does not justify the original, prohibited act of grafting.)

(Code of Jewish Law Yoreh Deah 295:7)

Have a great day,
Mordechai

What is grafting?

Hi,

One may plant vegetables and vines around the base of a tree, even if the roots of the plants get into the roots of the tree; the only "grafting" prohibition is against mixing one tree with another.

(Code of Jewish Law Yoreh Deah 295:5)

Have a great day,
Mordechai

Having someone else do the grafting

Hi,

Just as one may not graft a branch from one species of tree on to a tree of another species, so one may not have a non-Jew do this on his behalf. This follows the view that both Jews and non-Jews are instructed against cross-species grafting.

(Code of Jewish Law Yoreh Deah 295:2; Beiur haGRA Yoreh Deah 295:4)

Have a great day,
Mordechai

Grafting branches of trees that do not bear edible fruit

Hi,

One may graft different species of non-fruit-bearing trees to each other; this is the dominant view, although there are those who disagree.

Note that "fruit-bearing" means that a tree bears edible fruit.

(Code of Jewish Law Yoreh Deah 295:6; Pitchei Teshuvah Yoreh Deah 295:3)

Have a great day,
Mordechai

Hi,

Yesterday we mentioned that one may not graft trees of different species.

Within a single species, one may graft different trees to improve one's fruit. Thus one may take a branch from one apple tree and graft it on to another apple tree.

However, note that wild crabapples and edible are considered different species. More on this in the next few days.

(Code of Jewish Law Yoreh Deah 295:6; Pitchei Teshuvah Yoreh Deah 295:2)

Have a great day,
Mordechai

Grafting

Hi,

One may not graft a branch from one species of tree on to a tree of a different species. This applies whether in Israel or outside of Israel.

(Code of Jewish Law Yoreh Deah 295:1)

Of course, we still need to define "species" - stay tuned...

Have a great day,
Mordechai

Application of laws of Kilayim outside Israel

Hi,

Yesterday we began talking about the prohibition against planting two different types of seeds close together (Kilayim), and I mentioned that this is only applicable in Israel.

The Talmudic sages (Kiddushin 36b-37a) pointed out that land-dependent mitzvot - Tithes, the bringing of the first fruit to the Temple, leaving gleanings for the poor, etc - are Israel-linked. The Torah states for land-linked Mitzvot, "When you come into the land [Israel], you shall..."

There are two exceptions to this rule:

1. Arlah - The ban on the first three years of a tree's fruit is actually applicable outside Israel, too, by Sinaitic tradition.

2. Some of the laws against interbreeding plant species were expanded rabbinically to apply outside Israel, to protect them within Israel. Specifically, this refers to laws which are already more strict, with harsher punishments, within Israel. The case of planting seeds close together is not one of those cases.

Have a great day,
Mordechai

Laws of Planting

Hi,

In honor of our first Toronto snowstorm, we're begin reviewing a new topic: Laws of Planting.

The Torah prohibits planting seeds of two species close to each other (part of a prohibition called 'Kilayim'), but that applies only in Israel; it is permitted outside of Israel.

(Code of Jewish Law Yoreh Deah 297:2)

Have a great day,
Mordechai

Chanukah!

Hello,

With Chanukah beginning this Friday night, here are links to past posts on different laws of Chanukah:

Menorah Lighting

Menorah Lighting on Friday and on Motzaei Shabbat

Recitation of "Al haNisim"

Recitation of Hallel

The Torah Reading for Chanukah

Please note that any lighting-times mentioned in those emails were for Allentown and for a different year.

Have a great day,
Mordechai

Yaaleh v'Yavo in Birkat haMazon on Rosh Chodesh

Hi,

Although, as we have noted, we try to have a special meal on Rosh Chodesh, there is no technical obligation to do so.

Therefore: A meal I eat on Rosh Chodesh is not truly a "Rosh Chodesh meal," and one who forgets to insert "Yaaleh v'Yavo" in birkat hamazon on Rosh Chodesh does not repeat birkat hamazon.

(Shulchan Aruch Orach Chaim 424:1; Mishneh Berurah 424:1)

Have a great day,
Mordechai

Removing Tefillin on Rosh Chodesh

Hi,

We remove our tefillin before the Musaf amidah on Rosh Chodesh. That amidah focusses on the korbanot which make Rosh Chodesh a yom tov (holiday), and we don't wear tefillin on yom tov.

There is some debate as to when, precisely, to remove tefillin; some suggest during UVa l'Tzion, others suggest after the kaddish that precedes Musaf. The prevalent Ashkenazi practice is to remove tefillin after that kaddish, because of a view that one should answer a certain number of kaddish-recitations while wearing tefillin.

(Shulchan Aruch Orach Chaim 423:4; Magen Avraham 423:6; Mishneh Berurah 423:10)

Have a great day,
Mordechai

Barchi Nafshi for Rosh Chodesh

Hi,

As part of shacharit on Rosh Chodesh, we recite the 104th chapter of Tehillim, ברכי נפשי. This chapter is linked to Rosh Chodesh, the day of the new moon, through 104:19, which states, "Gd created the moon, by which the holidays are set."

(Tur Orach Chaim 423)

Have a great day,
Mordechai

Kaddish at Shacharit on Rosh Chodesh

Hi,

Yesterday we explained why there is a Kaddish after Hallel. In addition, we recite a half-Kaddish after Kriat haTorah to end that section, and then we recite another half-Kaddish after Ashrei/Uva l’Tzion to end that section.

(Mishneh Berurah 423:4)

Have a great day,
Mordechai

The role of Kaddish

Hi,

After Hallel on Rosh Chodesh, the chazan recites a full Kaddish.

This Kaddish, like certain others in davening, serves as a terminator - it indicates that Hallel is part of Shacharit, and that we have now concluded Shacharit.

Therefore, a shul which does not achieve a minyan until after Hallel does not recite this Kaddish.

(Shulchan Aruch Orach Chaim 423:1; Mishneh Berurah 423:1)

Have a great day,
Mordechai

Late to shul on Rosh Chodesh?

Hi,

We have said that Hallel is meant to be recited on Rosh Chodesh with a minyan, to the point that some question whether one who recites Hallel alone should recite a berachah upon Hallel or not.

Therefore, one who comes to shul on Rosh Chodesh just before Hallel should recite Hallel with the minyan before reciting the rest of davening. Further, one who is in the middle of psukei d’zimra when Hallel begins should recite Hallel, without a berachah, before continuing psukei d’zimra.

(Mishneh Berurah 422:16, Aruch haShulchan Orach Chaim 422:8)

Have a great day,
Mordechai