What is the status of my plants on the balconies regarding Shvi’is? I have plants on one balcony which is on the 3rd floor, a balcony which is totally covered, we have some herbs and other plants that are mainly in the shade.
On another balcony, an open succah balcony (3rd floor as well), we have other herbs and plants, some of the pots are perforated, others are not. Can the herbs can be eaten during the shmitta year, and can I take care of the plants in the way I always do?

Answer:

You can eat the herbs. You can also take care of the plants as you usually do.

The reason for this is that you are on the third floor, and the floors beneath you ensure that the plants are “einu nakuv” (detached from the ground).

Best wishes.

Sources:

See Minchas Shlomo 41:2 (some authorities are stringent, but this is the principle ruling, in particular today that Shmittah is rabbinic).

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