Flowers

The Torah states: shmitah produce "should be for you to 'eat'". We have learned that "to eat" includes uses that are similar to eating. Produce that is neither edible nor usable for uses that are similar to eating, does not have kedushas shviyis. Do flowers provide us with benefits which are similar to eating? Are flowers considered 'fruits' of shmitah? Do the halachos of shviyis apply to flowers available in Israel, USA, or other countries? May one order flowers by telephone to be delivered to someone in Israel?

A number of responsa have been written on the issue of flowers. This would seem unnecessary as the Mishna [Shviyis 7:6, 7] clearly states that roses have kedushas shviyis. However, this is not an applicable source that any flowers -- even roses -- have kedusha nowadays. It was common in the times of the Mishnah to use the rose as a food. This is apparent in the Yerushalmi [7:1]. Therefore roses unquestionably had kedushas shviyis. [See also Chazon Ish 14:9; see also Tur O.C. 216 quoting a view that considers roses a food because they are sometimes eaten. According to this view the beracha recited when smelling them is "hanosen reiach tov b'peiros". Le'halacha "borei atzei visamim" is recited, because primarily roses are not eaten.]

Nowadays, most poskim agree that some flowers have kedushas shviyis however, there are differences of opinion as to which flowers qualify.

Flowers fall into three categories: decorative flowers that have no fragrance, decorative flowers that have a fragrance, and fragrant flowers.

1. Decorative flowers that have no fragrance have no kedushas shviyis, according to most poskim. [Chazon Ish 14:9, Sefer Hashmitah 7:4:5, Quoting Rav Chaim Berlin, Toras Hashmitah page 27 Mishmeres HaShviyis 15:10; Todas Hashmitah 81]

   There is, however, a minority view that considers decorative flowers kadosh because they beautify their surroundings. Since this 'use' or benefit is derived before they wilt, they qualify as hanahso ubeuro shavin (usage simultaneous with consumption). This opinion compares the benefits of flowers to dyes, which unquestionably have kedushas shviyis. [Rav Binyomin Mendelson, Rav of Kommemius, in letter to author of Mishnas Yosef, volume 1 responsa 34:9; see also Minchas Shlomo volume 3, and Ohr Letzion, mishna 7:6.]

   Most poskim do not agree to this view for the following reasons:

   A "use similar to eating" must, like eating, cause the produce to be consumed, whereas cut flowers are not consumed by the people that view them; rather, the flowers wilt by themselves. This differs from dying where the dye is used and consumed by the user. [see R. Akiva Eiger chidushei Bava Kama end of 101b; Keheles Yakov Zraim 19]

   Dye is mainly used for a person's clothing or personal accessories, which is similar to eating, which directly benefits his person. Decorative flowers however, merely decorate the surroundings, but do not provide direct benefit to the person. [Sefer Hashmitah 7:4:4; Toras Hashmitah page 27; Mishnas Yosef responsa 34 Toadas Hashmitah 78; Deinei Shviyis Hashalem ibid.; Mishpitei Eretz 14:2; Mishmeres HaShviyis 15:10; Minchas Yerushalim ibid.]

   Whereas using dyes to dye clothing is a significant usage or benefit, akin to eating, beautifying a room in this manner is not considered a significant usage. [Rav Elyashiv]

2. Decorative flowers that are sold primarily for beauty, but also have fragrance are, according to some poskim kadosh, because of their fragrance. [see Mishpitei Eretz quoting Rav Elyashiv]

   Many poskim do not consider them kadosh because their primary function is beauty rather than fragrance [Rav Shlomo Zalman Auerbach cited in M.E. ibid. also see Deinei Shviyis Hashalem 19:1 (citing both views) Mishmeres HaShviyis 15:10; Minchas Yerushalim 2:14]

   One may rely on the lenient views regarding decorative flowers that have a fragrance. This is the view of most poskim. [Also see Halichos Sadeh Journal 124 Nissan 5761 Hashimush Bprachim Bishna'as HaSheva by Rabbi Y. Ephrati quoting Rav Elyashiv's recent ruling that today one may rely on the lenient view even where there is a fragrance. The following reasons are cited: A. The issue of fragrance is a lenient one as it is an unresolved question in the Yerushalmi. B. Today, fragrance is usually not developed by the flower growers and is not significant (compared to its primary use as a decoration).]

3. Fragrant flowers whose prime importance is their fragrance have kedusha shviyis. [Chazon Ish 14:9, Sefer Hashmitah 7:4:5, Quoting Rav Chaim Berlin, Toras Hashmitah page 27 Mishmeres HaShviyis 15:10; Todas Hashmitah 81].

As with other shmitah produce, they may not be used to commerce with. They may not be exported. They may not be discarded- until they are no longer fragrant. They may however, be placed in a vase with water (even together with preservatives). [ibid. Todas Hashmitah and Deinei Shviyis Hashalem quoting Rav Elyashiv].

Even plants that have no kedushas shviyis may not be cultivated during shviyis. One may neither plant flowers (or any other plants) nor may one fertilize, prune, water, cultivate or enhance their growth in any way. [Rambam 1:5] Watering and a number of other procedures, are permitted to sustain existing plants. [ibid. 7-10] These halachos and their applications, affect all Jews, even those who have no growing plants, or do not even live, or own land in Israel, as will be described below.

One may not buy any flowers - even those that have no fragrance - if they were grown in a manner that violated shmitah. One may not support violators of shmitah, even though their produce is not kadosh. [Bechoros 29b; Rambam 8:14; Chazon Ish 10:12; 14:9; Rav Shlomo Zalman Aurerbach in Madanei Eretz 3:9, 8:12 in Kovetz He'oros (end of Madanei Eretz) Minchas Yitzchok 3:79; Mishptei Eretz 19:16; Deinei Shviyis Hashalem 19:3; Rav Elyashiv's ruling]

This prohibition applies regardless of how the money is transferred. It includes orders paid for in cash, as well as those paid for by check, credit card, and the like. It makes no difference if the money is given over in person, or if the purchases are made by a person outside of Israel via mail, telephone or email; since this order is supporting a shmitah violator, it is prohibited

One may buy flowers that are certified by a reliable kashrus authority.

Israel exports over one billion flowers to Europe, the USA and other countries. Roses, Carnations, Gypsophila, (Baby's Breath) Wax Flowers, and Solidago, are some of the dozens of varieties Israel exports. [The Financial Express '99, Floriculture]

These flowers are sold at florists without it being apparent to the average consumer that they are from Israel [Heard from Mr. Herman Silverman o.b.m., a reputable florist for decades in the New York area].

One may not buy flowers imported from Israel during shmitah unless they are certified by a reputable kashrus organization that the laws of shmitah have not been violated. [Bechoros 29b; Rambam 8:14; Chazon Ish 10:12; 14:9; Rav Shlomo Zalman Aurerbach in Madanei Eretz 3:9, 8:12 in Kovetz He'oros (end of Madanei Eretz) Minchas Yitzchok 3:79; Mishptei Eretz 19:16; Deinei Shviyis Hashalem 19:3; Rav Elyashiv's ruling]

When in doubt, one should inquire to determine if the flowers are from Israel. [see Sh. A. O.C. 8:9 and commentaries there; Pesachim 4a 'lishaylay'; Rav Elyashiv]

If it is not feasible to inquire (such as where the person selling the flowers does not know, and cannot easily verify this information) one may assume they are from the majority that are not produce of Eretz Yisroel.[Rav Elyashiv]

One may not purchase Israeli flowers without certification during the first few months after shviyis, because they were probably cultivated during shviyis. The prohibition of supporting violators of shmitah remains, even though it is no longer the year of shviyis. [ibid.]

In the future we will discuss receiving flowers grown during shmitah as a gift, and potted plants.

The articles on this website are not not intended as halachic rulings.
Where necessary, one should consult a competent halachic authority.