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Kilei hakerem: Grapevine hanging onto a fruit tree

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Question

My grapevine has “reached out” and tied some of its tendrils (if that’s the right word) around the branch of a pomegranate tree. Any problem?

 

Answer

Rabbi Moshe Bloom
It's perfectly permissible to train a grape vine onto a tree; kilei hakerem applies to interplanting annuals near grapevines only. Trees and plants halachically classified as trees (such as rosemary) do not pose a problem. The only possible issue is if there are annuals planted underneath that part of the pomegranate tree. Is this the situation? 
Here is an excerpt from Hilchot Kilei Hakerem (not-yet published) with the rationale and related halachot; see esp. 3 and note 4:

A.     Distance from a trellis (afifirot)

  1.  If the grapevine is trained onto a trellis made of rods, ropes or other materials, and the vine is trained onto part of the trellis—it is forbidden to sow crops underneath the rods or ropes even though the vine has not yet reached that section of the trellis.[1]
  2.  If the branches of a non-fruit bearing tree are used as a trellis for a grapevine, it is forbidden to sow crops beneath its branches even though the vine has not yet reached them.[2] Nevertheless, if crops are planted under branches where the vine has not yet reached, the crops are not forbidden to benefit from.[3]
  3.  If the vine of a fruit tree is used as a trellis for a grapevine, it is forbidden to sow crops beneath the vine, but it is permissible to do so where the grapevine has not yet reached. [4]

 

[1] Rambam, Hilchot Kilayim 6:12.

[2] Rambam, ibid., and gloss of Radbaz, since the owner has nullified the non-fruit-bearing tree by transforming it into a grapevine trellis (afiforit).

[3] Rambam, ibid. 

[4] Rambam, ibid.; a fruit tree is different than a non-fruit-bearing tree inasmuch as people generally do not nullify fruit trees to use them as a trellis for a grapevine. If later on the vine continues to grow and hangs over crops, it is possible to redirect the vine to another area. See Radbaz on Rambam, ibid.

 

Follow-up question:

Hmmm. You raise a good point. Right now, the grapevines have begun wrapping themselves around a branch of our rimon. Unter the other side of the rimon, is a basil plant. It is not under the vine now, but should I retrain the vine to go in a different direction?

Answer:

Definitely. As stated above, it is currently not a problem, but it will be once the grapevine hangs over the basil. 

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