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Raizy from Mattersdorf asks::

Since all greens that grow from the earth are "hefker" is it permitted to pick flowers and greens from the gardens that face the sidewalks?

Firstly, not all that grows from the earth is "hefker" (ownerless). Only those items which have kedushas shvi'is fall into this category. Thus, only flowers which are grown for their scent have kedushas shvi'is according to all opinions. Those which have no scent may certainly not be picked. It is questionable whether those which do have a scent but are not grown for this purpose have kedushas shvi'is and they should therefore not be picked. Greens usually do not have kedushas shvi'is, unless they are edible, in which case they may be forbidden because of s'fichin. Additionally, there is a difference of opinion as to whether sh'mittah produce is automatically hefker (Mabit/Maharit) or needs to be declared ownerless (Beis Yosef). Even though the former opinion is generally accepted, it is worthwhile checking that the produce has been declared hefker before picking.

  Contact Rabbi Yoel Moore via Emaill

MDShmita is written by Rabbi Yoel Moore
Layout & Design: Lev Seltzer
Rabbi Yona Vogel, Rosh Yeshiva, Machon Daniel

 

 

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  Last modified: October 17, 2009