Planting Kilyaim

Kilayim (1:9) | Yisrael Bankier | 2 years ago

This week we continued our study of kilei zerayim. The Mishnah (1:9) records the debate regarding when the prohibition of planting different grains is violated. According to the Chachamim it is transgressed when a single wheat seed and a single barley seed are planted together. R' Yehuda however argues that two of one of the species and one of the other would be required to violate the prohibition. We however need to define the act of planting.

The Minchat Chinnuch (245:20) explains that the one would only violate the biblical prohibition, and therefore be liable to lashes, if the seeds took root. He explains, prior to that point, it is not considered as if they are planted, rather like "resting in a container". He notes that we find hashrasha (seeds taking root) as a critical point regularly in our study of kilayim.

The Minchat Chinnuch however notes that we do not define this prohibition as a negative prohibition without an action, for which one is not liable to lashes. Since the prohibition is only violated once the seeds take root, one might think that when one planted the seeds together, the act itself was permitted and the prohibition results without an action. Instead, the Minchat Chinnuch compares this prohibition to one that places dough in the oven on Shabbat. If it was removed prior to baking, one has not transgressed the prohibition of cooking on Shabbat. Only once the bread bakes would one be liable. Nevertheless, since the Torah prohibited baking on Shabbat, it is considered as if the prohibition begins at that initial act of placing the dough in the oven until it bakes. Similarly in the case of kilayim, the prohibition begins at the time of planting and extends until the seeds take root. Consequently, the act of planting is a prohibited one. Therefore, once the seeds take root, one has actively violated the prohibition.

The Minchat Chinnuch however notes that in his comments on a later Mitzvah (298:14) he provides a different understanding, which he suggest "is the truth". There when discussing prohibited melachot on Yom Tov, he explains that at the moment of planting, long before the seeds have taken root (hashrasha), one has violated the prohibition and would be liable to lashes. He explains that if that were not the case, then one would never violate the prohibition of planting on Shabbat or Yom Tov since it can take a number of days before seeds (or plants) take root -- which would occur after Shabbat. He continues by differentiating between baking and planting. Baking is defined by the result, whether bread is produced. Planting however is defined by the action, which is scattering the seeds.

The Minchat Chinnuch continues that the same is true for kilayim. As soon as one plants the seeds, he is liable to lashes. Quickly pulling them from the ground will not change that. The importance of hashrasha, specifically for kilei kerem, relates to something else; it is important for when the wheat and vines would become prohibited (and need to be burnt). ¹

Perhaps we can explain the distinction as follows. The prohibition of planting is related to the act of planting two seeds together. As the Minchat Chinnuch explained, we see from Shabbat that the act of planting is performed immediately and not dependent one whether the seeds take root. The question of whether the mixture is assur however is depending on the result -- is there a mixture present? -- and would therefore depend on hasharasha.

¹ See the Chazon Ish (Kilayim 2:4) who also explains that the prohibition is not dependent on hashrasha. He cites the Yerushalmi (1:9) that records the debate between R' Yochanan and Reish Lakish that seems to suggest that both agree that as soon as the seeds land, the prohibition has been transgressed.

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