From the Ravs Desk: Shaalos Veteshuvos on Sukkah and other subjects

Repeating blessing over food when going back to Sukkah after entering saferoom due to a siren:[1]

In the event that one needed to leave the Sukkah and enter a safe room [i.e. bomb shelter] due to a siren, then regarding repeating the blessings over food upon returning to the sukkah this matter is dependent on whether one had to go from the Sukkah to outside the house in the process of going to the saferoom, or one simply went from his Sukkah which is “in” his home to a saferoom which is also in his home. The following are the applicable laws:

Case 1: “In home” Sukkah & Saferoom: If the Sukkah is located in your porch, or your backyard which is completely closed from all sides and does not have an entrance to the outside, and your saferoom is likewise in your house or backyard, then upon returning to your Sukkah the blessings over food are not to be repeated, although you should initially have in mind whenever you say a blessing over food in the Sukkah to also intend to eat in the home if you so choose [even though in actuality you will only be eating in the sukkah, if you are a male]. Certainly, if your sukkah is built directly adjacent to an entrance to your home [such as a sliding door of a porch] and the safe room is inside your house, then the blessing over food is not to be repeated.

Case 2: Sukkah or saferoom is located in front yard or outside property: If the sukkah or saferoom is located in one’s front yard from which one leaves his property, and certainly if it is not located in his property at all, such as if it is built in the courtyard of his building, or on the lawn near the street, then after returning from the saferoom to the Sukkah a before blessing of Shehakol, Hadama, and Haeitz [of non-seven species], must be repeated prior to continuing to eat foods and beverages of these blessings, if one left the sukkah in middle of eating them and then returned, and was not eating together with another person who remained there in the interim awaiting his return to continue their eating. However, one does not repeat the blessing of Mezonos, Hamotzi, Hagafen, or Haeitz of seven species unless he has yet to eat a Kezayis [with exception to Hamotzi, in which case even if he ate less than a Kezayis the blessing is not repeated if he returns shortly[2]] prior to initially leaving the sukkah in middle. In all the above cases, one does not repeat the blessing if he was eating together with a friend in the sukkah who remained there in the interim while he left and awaited his returned. Likewise, in all the above cases, if one is able to see his original area of eating throughout the entire time of his exiting and leaving the sukkah, then the blessing is not to be repeated. To note, however, that this is quite difficult to achieve especially being that most Sukkos contain four walls which block one’s view of the area of eating.

Blessing of Leishev Basukkah:[3] The blessing of Leishev Basukkah is never to be repeated unless one only returned to the Sukkah after 2 hours.

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[1] See Admur 273:4; 178:1; Seder Birchas Hanehnin 9:11-14; Rama 273:1; M”A 273:2; Piskeiy Teshuvos 178:4 footnote 14; SSH”K 54 footnote 33

Explanation: The laws of repeating the before blessing when leaving and then reentering a Sukkah in the midst of an eating or drinking session follows the same laws as any other time during the year in which we differentiate between one who goes from one room to another in the same home versus one who goes from outside to inside or vice versa. Thus, the law by a sukkah is dependent on where the Sukkah is located, and if it can be considered and defined as another room of the home, or is considered a courtyard of the home. Practically, in the laws of Kiddush Bemakom Seuda, Admur rules as we stated above and differentiates between whether the sukkah is found adjacent to the entrance of the home or in the courtyard, and so we differentiate above. The Poskim of today clarify that a backyard which is closed by all sides is treated like another room of the home and is not defined as a courtyard. However, seemingly this only applies by a backyard that does not have an entrance of the outside, as otherwise it is similar to a regular Chatzer, and certainly a front yard from which one leaves to the outside has the status of a Chatzer. Vetzaruch Iyun, as from some Poskim of today it is implied that even the front yard is the status of another room if it is completely enclosed.

[2] See Admur 178:8 in parentheses; Seder Birchas Hanehnin 9:18; Luach 6:18; Ketzos Hashulchan 57:7; See Yaavetz in Mur Uketzia that a short Hefsek is never considered invalidating for the blessing, even by Borei Nefashos foods and so rules Igros Moshe 5:17; See Piskeiy Teshuvos 178:2

[3] See Admur 639:13; M”A 639:17, Magid Mishneh 6:12, Ravayah 644, Ritva Sukkah 45b; See M”B 639:46 and Shaar Hatziyon 639:91; Piskeiy Teshuvos 639:19; Admur 8:24 regarding Tzitzis “several hours”; 25:29 regarding Tefillin “2-3 hours”; Ketzos Hashulchan 7 footnote 17; Igros Kodesh 3:210, printed in Shulchan Menachem 1:3;

The holiday of Sukkos nullifies Shiva and shortens or nullifies Shloshim. See the link below for all the details of this matter:

Mourning laws applicable to Sukkos – Onen, Shiva, Shloshim

Are northern Israel residents obligated in the mitzvah of Sukkah if they cannot build their Sukkah within 30 seconds from a protected space in the event of a siren?[1]

Ideally, one should arrange to be for Sukkos in an area that he feels safe and can fulfill the Mitzvah of sukkah properly. If one is unable to relocate for Sukkos, then if he can build his Sukkah near a protected space which can be reached within 30 seconds [for Safed residents] then he should do so [even if far from his home]. If such a location is not available, then if he is not careful throughout the regular year to always try to be within 30 seconds of a protected space, then here too, he is to build the Sukkah and eat in it even though it is not within 30 seconds of the protected space, as it is no different than other times of the year that he is not careful in this [i.e. going to restaurant that is not within 30 seconds of protected space, going to areas of house that are not within 30 seconds of protected space etc]. Likewise, if he is accustomed to go to Shul which is in or near a shelter, and there is a sukkah by the shul, then he would be obligated to eat in the Sukkahs shul if he cannot build a sukkah near a shelter near his home and does not feel comfortable doing so. If, however, he always tries to be careful to be within 30 seconds of the protected space just in case there’s a siren, and he will not be able to build a Sukkah near such a space, and does not go to shul due to lack of shelter within 30 seconds, and cannot relocate for Sukkos then he would be exempt from Sukkah throughout the entire festival. Most people do not fall under this category, as they are not careful to avoid areas that are outside the thirty second zone.

When there is a warning of a potential upcoming siren: In the event that a warning is sent out to be near a shelter because of potential oncoming rockets, then one who is careful to abide by these instructions throughout the rest of the year, would likewise be exempt from Sukkah when this warning is applicable if he does not have a sukkah within 30 seconds of protected space. If however he’s not careful to abide by the warning during the rest of the year then here too he would remain obligated in sukkah.

When in a protected zone – During the 10 minutes after a siren: After entering a protected zone due to a siren, or due to warning to remain in a protected zone, then one is exempt from the Mitzvah of Sukkah throughout the time that he must remain in the protected zone, and if he chooses may eat and drink while inside. Certainly, if one feels he needs to drink or even eat in order to calm his nerves, the he should not be stringent in this matter at all.

Sleeping in the sukkah: Those who are accustomed to sleep in the sukkah, are exempt from doing so if they fear they will not reach a protected zone on time and likewise in their house would not sleep in a room in which they would have such difficulty reaching the protected zone on time.

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[1] See regarding exemption of Mitztaer from Sukkah: See Admur 639:21-26; 640:5-22; See regarding obligation to build sukkah far from house if cant build near house: Gloss of Chasam Sofer 640; Bikureiy Yaakov 640:13; M”B 640:24; Shaar Hatziyon 640:30; See regarding that one is exempt from moving cities if he cant build a sukkah in his city: Mishneh Halachos 6:115; Piskeiy Teshuvos 640:7

Background: The essence behind the entire ruling brought below is the concept of that the mitzvah of sukkah only applies in a way that one would dwell in his own home, Teishvu Keiyn Taduru and thereby one who is in pain due to his dwelling is exempt from the mitzvah, Mitztaer Patur Min Hassukah. Hence, anyone who is to scared throughout the year to spend time in an area which is not close to a safe zone, and thereby avoids doing so as much as possible, and his own home contains a protected zone, would be exempt from dwelling in the sukkah if would involve him not being near protective zone. Nonetheless, ideally in such a case one should relocate for the holiday of Sukkos to a city which does not have such issues in order so he can fulfill the mitzvah.

Should one eat Mezonos and say the blessing of Leisheiv Basukkah after shaking Lulav?[1]

Some Chassidim are particular, based on an acclaimed oral[2] statement of the Rebbe to a certain individual Chassid during the Yom Tov meals, to eat a Kibeitza of Mezonos and say Leisheiv Basukkah after shaking the Daled Minim, as perhaps the shaking itself requires a blessing.[3] Some Rabbanim have testified to the accuracy of the claim[4], while others state that it is the novelty of that particular Chassid based on a talk of the Rebbe and was never explicitly said by the Rebbe and hence its claim is baseless.[5] Practically, all agree, even those who testify for its accuracy agree, that such statements said to an individual during a meal does not pass the bar to become an established Chabad custom, especially based on the fact that the exact wording and contents of the Rebbe’s is not known.[6] Furthermore, it does not seem to have any real Halachic necessity[7], and therefore there is no need to be particular in following it, although those who want to may do so, so long as doing so does not transgress the prohibition against eating prior to prayer which is only permitted to be done if one is sick or needs to do so for extra concentration.

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[1] See Koveitz Pardeis Chabad Vol. 14 [Oberlander]; Hearos Ubiurim 879 [Kloizner], 887 p. 59 [Korf], 951 [Oberlander], 970 [Teichman], 971 [Shapiro]

[2] There is no documented source for this statement from the Rebbe, and it is based on an acclaimed oral tradition from a statement the Rebbe made to an individual during one of the meals.

[3] This custom is recorded in all the following Sefarim as a custom that should be followed: Otzer Minhagei Chabad p. 294; Shaareiy Halacha Uminha Vol. 5 p. 133; Siddur Raskin p. 470 footnote 9; Hiskashrus Gilyon 426 p. 13; 481 p. 15

[4] Rav Label Shapiro in Hearos Ubiurim 971 that so he remembers hearing from the Chassid Rav Dubriskin that so was answer to him by the Rebbe during the meal, that according to the Sicha that he said that day one should eat Mezonos after shaking Lulav.

[5] Koveitz Pardeis Chabad Vol. 14 [Oberlander]; Hearos Ubiurim 879 [Kloizner], 887 p. 59 [Korf], 951 [Oberlander], 970 [Teichman] who spoke to the son of Rav Mondshine who agreed that it was a mistake to enter it into Otzer Minhagei Chabad as it is a baseless rumor

In addition to the fact that we do not accept unsubstantiated rumors in the making of halachic decisions [See Igros Kodesh 8:332; 20:82; Maaneh of Rebbe in Introduction to Sefer “Likkut Piskeiy Halacha Uminhag”; Mikdash Melech 1:61; Tzemach Tzedek E.H. 413[ the above authors explain that in truth the source for the above rumor is from a Chassid named Rav Dubriskin, who deduced this from a talk of the Rebbe, and is not from the Rebbe himself. His own son, who in a counter article brought a story with a different Chassid and the Rebbe to prove the rumor, in a follow-up article debunked that as well as being incorrect after the person he quoted, called him up and told him that what he wrote in his name is not accurate. Thus, we see of the very unprofessional and risky path of making Halachic decisions on unsubstantiated claims.

[6] Rav Label Shapiro in Hearos Ubiurim 971

[7] As a) the shaking of the Lulav in the Sukkah is only a Mitzvah Min Hamuvchar, and is thus similar to drinking water in a Sukkah, which does not require a blessing of Leishev Basukkah to be recited. B) In any event, the blessing of Leishev basukkah that is recited anytime during the day exempts all the actions of that day, and there is thus no reason to require it specifically after shaking Lulav.

Dryness by the Chotem:[1] If there is any Halachically defined dryness in the top area of the Esrog, called the Chotem, then the Esrog is Pasul.[2] The Chotem is defined as the area [on the upper half of the Esrog[3], towards the Pitum] from the point that it begins to slope inwards towards its top and becomes narrow and gradient.[4] [In this regard, dryness cannot be defined as whether the area is moist after entering a pin with a string[5] and is rather defined as an area which does not release any liquid when scratched[6], or an area that is reddish brown due to dryness, known as Kamush.[7] An area is defined as dry even if the dryness is only on the external green peel.[8]]

Dryness beneath the Chosem: Some Poskim[9] rule that dry areas [as defined above regarding the Chotem] beneath the Chotem of the Esrog receive the same law as a change of color [i.e. Menumar], and hence if there are two or more dry areas, then it is disputed[10] as to whether it remains Kosher under certain circumstances[11], or is always invalid in all circumstances even if the color changes in total only covers minority of the Esrog. See Halacha 10B for the final ruling in this matter regarding a change of color, and the same would apply here regarding dryness.

[1] Admur 648:16 and 21; Michaber 648:12; Tur 648; Raavad in Tamim Deim 232; Ramban; Rosh; See Arbas Minim [Weiner] p. 123-125 and p. 189; Piskeiy Teshuvos 648:2

[2] The reason: As the main beauty of an Esrog is dependent on its upper slope called the Chotem, as this area is more readily apparent to the eye then the other areas, and this is the area that a person first looks at upon glancing at an Esrog. [Admur 648:21; Rashi Sukkah 35b] Thus it is considered invalid due to Shinuiy Mareh and Hadar. [Bikureiy Yaakov 645:4; Arbas Minim [Weiner] p. 124] However, it is not considered invalid due to Chaser. [See Bikureiy Yaakov 648:1] However, some write that it can also be considered invalid due to Chaser. [See Arbas Minim [Weiner] p. 124]

[3] Biur Halacha 648 “Mimakom” that the bottom half is never considered part of the Chotem even if it tilts inwards; Alef Hamagen 648 Kuntrus Achron 6; Shevet Halevi 8:150; See Piskeiy Teshuvos 648:11; Sefer Arbah Haminim p. 191

[4] Admur 648:21; Michaber 648:9 and 12; Rosh 3:20

An Esrog that contains two slopes: It is questionable whether an Esrog that contains two slopes, such as a mountain on a mountain, is considered to contain two Chotems. [Ashel Avraham Butchach 648; Piskeiy Teshuvos 648:11] However, see Sefer Arbas Haminim p. 191 who infers from the wording of Admur “towards its head” that there only the most upper slope is the Chotem. This especially applies if the lower mountain is below the halfway point of the Esrog. [Piskeiy Teshuvos ibid footnote 26]

An Esrog with an uneven slope: If the slope on one side of the Esrog begins at a higher point than the other side, then one may be lenient to only consider the Chotem to begin from the sloped area of each individual side. [Shevet Halevi ibid; Piskeiy Teshuvos 648:11]

[5] Bikureiy Yaakov 648:3; Arbas Minim [Weiner] p. 124-125

[6] Piskeiy Teshuvos 648:2

[7] Arbas Minim [Weiner] p. 189; See M”B 648:48 and Biur Halacha “Bechol Dhehu”; Rosh Sukkah 3:20 in name of Raavad

[8] Bikurei Yaakov 648:1 as its invalidation is due to Hadar; Piskeiy Teshuvos 648:2

[9] P”M 648 A”A 17; M”B 648:48 [however see Biur Halacha “Bechol Dhehu” who leaves this matter in question]; Kaf Hachaim 648:85; Arbas Minim [Weiner] p. 125 and 189; Nitei Gavriel 31:2; Omitted from Admur ibid

[10] The dispute: Some Poskim rule that only if the measurement between the Chazazis [or two-color changes] takes up majority of the circumference of the Esrog, which means that they are on two different sides of the Esrog, is it invalid when below the Chotem. [1^st opinion in Admur 648:20; 1^st opinion in Michaber 648:10; 2^nd opinion in Tur 648; Raavad in Tamim Deim 232; Rosh Sukkah 3:19; Rivash 139; M”A 648:13; M”B 648:41]  Other Poskim rule that whenever there are two blisters [or color changes], it is always invalid, irrelevant of how far the color changes are from each other, and even if they are on the same side. [2^nd opinion in Admur ibid; 2^nd opinion in Michaber 648:10; 1^st opinion in Tur 648 in name of his brother Rav Yecheil; Mahritz Geios Lulav 105; See Chidushei Tzemach Tzedek 73]

[11] See previous footnote

May one use a Lulav for Daled Minim if it stayed under one’s bed overnight?^[1]

Yes.^[2] However some^[3] are stringent in this matter.

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^[1] Sdei Chemed Mareches Lamed Kelal 141:31; Orchos Chaim 649:10; Chaim Ubracha 649:11; Chelkas Yaakov 3:77; Minchas Yitzchak 8:57; Piskeiy Teshuvos 649:5 Admur and all Poskim ibid that only mention food; Mili Dechassidusa 458; Kaf Hachaim 116:40; See Rivivos Efraim 4

[2] The reason: As one who does a Mitzvah knows no evil and hence the evil spirit does not reside on it. [ibid; see Admur 455:16; Ikarei Hadat 19 regarding Mayim Shelanu] This aside for the fact that it is not a food product. [Admur and all Poskim ibid that only mention food; Mili Dechassidusa 458; Kaf Hachaim 116:40; See Rivivos Efraim 4]

[3] See regarding Mitzvah items: See Ben Ish Chaiy Vayeishev 12 and Kaf Hachaim 673:11 regarding the Chanukah oil and seemingly the same would apply here; Orchos Chaim ibid brings Poskim that are stringent in the event that it was not designated for the Mitzvah; See Yalkut Yosef Chanukah Dinei Hashmanim 5

See regarding inedible items: Taamei Haminhagim Likkutim 36 Kuntrus Achron 10 from Michla Diesvasa 28:23 based on Rabbeinu Gershom on Baba Basra 58; Kinyan Torah 2:21

May one use an Esrog for Daled Minim if it stayed under one’s bed overnight?^[1]

Yes.^[2] However, some Poskim^[3] are stringent in this matter.

^[1] Sdei Chemed Mareches Lamed Kelal 141:31; Orchos Chaim 649:10; Chaim Ubracha 649:11; Chelkas Yaakov 3:77; Minchas Yitzchak 8:57; Piskeiy Teshuvos 649:5

[2] The reason: As one who does a Mitzvah knows no evil and hence the evil spirit does not reside on it. [ibid; see Admur 455:16; Ikarei Hadat 19 regarding Mayim Shelanu

[3] See Ben Ish Chaiy Vayeishev 12 and Kaf Hachaim 673:11 regarding the Chanukah oil and seemingly the same would apply here; Orchos Chaimk ibid brings Poskim that are stringent in the event that it was not designated for the Mitzvah