Although vineyard kilayim can be viewed as a particular case of seed kilayim, in practice it has halakhot of its own. This shows most vividly in the produce. Seed kilayim prohibits the sowing, but the crops that grow may still be eaten and used; what grows from vineyard kilayim, by contrast, is forbidden to eat and even to derive benefit from.
One may not sow grain or vegetables alongside grapevines, nor may one plant a grapevine alongside grain or vegetables. If one did so, both crops become forbidden; one may neither eat them nor derive benefit from them, as it says: “You shall not sow your vineyard with kilayim, lest the full yield – the seed you sow and the produce of the vineyard – become consecrated” (Devarim 22:9). In this context, tikdash means that the produce is consecrated for destruction – forbidden for any benefit. “The full yield of the seed you sow” refers to the grain or vegetable, while “the produce of the vineyard” refers to the grapes. Even the grain’s straw and the vines’ wood become forbidden; they must be burned or otherwise destroyed so that no one mistakenly benefits from them (see above, chapter 2, note 3). Because one may not derive benefit from them even as they are being destroyed, one may not burn them to heat an oven or stove (MT, Laws of Kilayim 5:7). The prohibition of vineyard kilayim applies by Torah law in Eretz Yisrael and by rabbinic law in the Diaspora (see below, section 7).
By Torah law, the prohibition of vineyard kilayim applies when grapevines grow alongside the five grain species, legumes, or vegetables. It does not apply, however, to tree species, even small ones. As a rule, any plant whose berakha is ha-etz is not included in the prohibition of vineyard kilayim, while any plant whose berakha is ha-adama is included (see above, 2:8).
This includes spices over which ha-adama is not recited in practice, since they are not eaten on their own (Peninei Halakha: Berakhot 8:14). If they are plant species whose berakha would be ha-adama if they were eaten on their own, they are included in the prohibition of vineyard kilayim.
The Sages also extended the prohibition to grasses and vegetables commonly used as animal fodder. Plants that are not commonly fed even to animals are not included in the prohibition (Levush YD 296:2).
Authorities disagree about plants grown for fragrance. Some authorities prohibit them rabbinically, while others permit them. In practice, it is best to be stringent, but one who wishes to be lenient may do so. Ornamental plants, by contrast, are not prohibited. Therefore, one may plant grass and flowers beneath a grapevine, provided they are not commonly fed to animals, even if they also have medicinal uses.[6]
Rambam rules accordingly with regard to liability for lashes (MT, Laws of Kilayim 5:1–2). At the same time, he maintains that the Torah prohibition itself is broader: one may not sow even one species of grain or vegetables next to a grapevine, nor may one plant a grapevine next to grain or vegetables. For that act, one is not liable for lashes; nevertheless, the produce that grows from it is forbidden by Torah law, and one who eats an olive-bulk of it is liable for lashes (MT, Laws of Kilayim 5:7; MT, Laws of Forbidden Foods 10:6). This is also the view of Yere’im and Radvaz to MT, Laws of Kilayim 5:7.
According to Ramban and Ran, the Torah prohibition applies when one sows two species beside an already planted grapevine; sowing only one species there is permitted. According to Ramah and Sefer ha-Ḥinukh, sowing even one species beside a grapevine is rabbinically prohibited. Rabbeinu Tam and Ri are more lenient: once the grapevine has already been planted, one may sow even two or more species beside it. In their view, R. Yoshiya’s statement does not merely define when one is liable for lashes; it defines the prohibition itself. Thus, vineyard kilayim is prohibited only when two seed species are sown together with a grape seed. The halakha follows Rambam, as ruled in SA YD 296:3, Levush, and Arukh ha-Shulḥan YD 296:13.
All types of grain, legumes, and vegetables grown for human consumption are prohibited in a vineyard by Torah law. Plants grown as animal fodder are prohibited rabbinically. As the Mishna explains (Mishna, Kilayim 5:8), one who maintains in a vineyard thorns that are commonly fed to animals renders the vineyard forbidden. By contrast, iris, ivy, and king’s lily, which are not commonly fed to animals, do not constitute vineyard kilayim. This is how Levush summarizes the law (YD 296:2), and this is also a possible reading of Rambam (MT, Laws of Kilayim 5:3, 6, 19; Kesef Mishneh to MT, Laws of Kilayim 5:3).
A different view maintains that, by Torah law, only grain, hemp, and luf are prohibited in a vineyard, because only these species are mentioned in the Talmud: grain because of its importance, and hemp and luf because they resemble vines or grow alongside vines for three years. According to this view, other legumes and vegetables eaten by people or animals are prohibited rabbinically (Rabbeinu Tam; Tosafot, Yevamot 83a, s.v. R. Yosi; Smag; Rashba). Even within this approach, there are further distinctions. For example, some authorities maintain that since legumes resemble grain, they too have the status of grain and are prohibited by Torah law (Maharitatz, in his understanding of Rambam; similarly, the commentary attributed to Rashba, Menaḥot 15b). Since the prohibition applies to vegetables grown for food, it also includes vegetables used as spices.
Authorities disagree about plants whose berakha is borei isvei vesamim. Some authorities permit planting them near grapevines (Ḥazon Ish, Kilayim 1:14; Mishpetei Eretz 2:1). This permissive view may be supported further by Rabbeinu Tam and Ri, who maintain that there is no prohibition at all unless two species are sown together with a grape seed in a single act of sowing. Moreover, if only one species is planted near the vine, even Ramban and Ran agree that there is no prohibition. Still, many authorities imply that planting fragrant plants near grapevines is rabbinically prohibited, and SA YD 108:7 rules this way (see Kedushat ha-Aretz 5:7). As for ornamental plants, such as flowers and grass, some authorities are stringent and prohibit them rabbinically because they are fit for animals (R. Eliyahu). The overwhelming majority of authorities, however, permit them.
