Q. As we many of us daven these days on the backyard minyanim, if there is some flowerpots growing outside on the edge of the fence of the deck facing the grass, can someone stand bellow the pot while davening? Maybe it is asur since he is blocking and separating between the draining hole of the pot and the nurturing humidity of the grass, and the growth will diminish?
A. Kinyan Torah Behalacha (5: 25) deals with this issue and suggests that it may be permitted when the plants lean out from the pot, and even when someone is standing under the draining hole, he will not separate totally the "yenika," or nurturing from the ground, therefore it would be permitted. Bris Avrohom (1: 6) tends to be lenient, since he is likely to be only a "misassek" or one performing an inadvertent transgression and also doing prohibited work without intention, when it is not certain that it will occur. (Dovor sheino miskaven veino pesik reisho). See also Piskei Teshuvos (336: 16) that the people's practice is to be lenient.
In a case when none of the above reasons apply, Horav Aharon Miller Shlit'a suggested that a mat can brought out and placed underneath the feet of the one standing, so he can then walk away without changing anything for the plant above him.
Horav Shlomo Miller's Shlit'a opinion is also to be lenient.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a
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