Zoreiah 2 (Klal 11 Siman 1) Hilchos Shabbos - S0333

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Zoreiah 2 (Klal 11 Siman 1) Hilchos Shabbos - S0333

Sponsorships for the upcoming Klalim, which discuss the 39 melachos of Shabbos, are available. Please contact Rabbi Reingold for more information at [e-mail] or 301.996.5910

We are learning the melacha of zoreiah. The Chayei Adam writes that the purpose of planting is for the plant to grow. Therefore, while the av is putting a seed into the ground, the toldos include anything which helps the plant grow. Even if a person performs an action without intent, if they end up helping something grow, it is assur as a davar she’eino miskavein.
For example, one who pours water onto a place where seeds are planted with the intention to wash their hands. Even though it is a davar she’eino miskavein, it is a psik reisha that the plants will gain benefit from the water, so it will be a problem. If the person is washing their hands in their own garden, the person will be chayav.

We have learned that, according to Rav Shimon, davar she’eino miskavein is muttar. However, Rav Shimon agrees to psik reisha that it is assur. The question is whether Rav Shimon’s agreement is that psik reisha is chayav or just that it is assur. The Gemara states that Rav Shimon holds psik reisha is chayav. However, regarding Shabbos (and according to some, in all issurim), we differentiate between psik reisha d’nicha lei (where a person actively wants the benefit) and psik reisha d’lo nicha lei (where a person does not care). Thus, in a person’s own property, where a person wants the growth, it is a psik reisha d’nicha lei and the person is chayav. In someone else’s property, it is considered a psik reisha d’lo nicha lei, because the person committing the melacha does not particularly care about it.

Nevertheless, it is assur. Thus, one cannot wash their hands in a place where they may cause vegetation to grow, whether it is on their own property or on someone else’s property.

One should not eat over vegetation if one has liquids with them, because one will inevitably spill something. Assuming one has an eruv or fence, one can bring a snack outside, but it is preferable not to eat a meal. Alternatively, if the area is covered in stone, it is not an issue. Even if the liquid ends up rolling off of the stones onto the grass, that is not where the person poured it, so it is not an issue.

Summary
Zoreiah is the av melacha of planting a seed, and includes any action which helps the plant grow.
One cannot pour liquids onto vegetation, whether it is their own property or someone else’s property.