May One Build a Sukkah on Public Property?[1]
For many people, especially those living in apartments or densely populated neighborhoods, finding a suitable place to build a Sukkah can be difficult. A private balcony, yard, or rooftop may be unavailable, leading residents to consider erecting a Sukkah on a sidewalk, public lawn, street, parking area, or another space used by the public. This raises an important halachic question: May one fulfill the mitzvah by building a Sukkah on land that does not belong exclusively to the builder?
The question involves two separate issues. First, one may not appropriate public property or interfere with the public’s right of passage, even for the performance of a mitzvah. Second, the Torah describes the mitzvah with the expression Ta’aseh Lecha, indicating that the Sukkah must be properly available to the person using it. Although a Sukkah built on improperly occupied land may remain valid after the fact, building and using such a Sukkah initially can involve serious concerns.
Municipal permission, established local practice, the availability of another location, and whether the structure obstructs passersby can substantially affect the practical ruling. Accordingly, one must distinguish between a sidewalk or street actively used by the public, an unused portion of public land, and a jointly owned area belonging to the residents of an apartment complex.
- The General Rule
Initially, one may not build a Sukkah on public property, such as on a city street or sidewalk and the like of places that people pass by. This applies even if the entire city is of Jewish population and certainly the Jews do not mind one building his Sukkah there.[2] One is therefore to protest against anyone who makes a Sukkah on public property. Nevertheless, Bedieved[3] if one built a Sukkah in public property, he fulfills his obligation. [However, some Poskim[4] rule one may even initially build a Sukkah in a public property and say a blessing, and that so is the custom.[5] This especially applies if one has received permission from the city municipality.[6] However, this only applies if the Sukkah does not disturb the passersby.[7] Practically, those who follow the rulings of Admur are to initially be stringent, unless they have nowhere else to build their Sukkah and the municipality does not mind and they are not in the way of the public passersby.]
- May one say a blessing in such a Sukkah:[8]
If one transgressed and built a Sukkah in a public property although he fulfills his obligation nevertheless, he may not say a blessing “Lesheiv Basukkah.”[9]
Q&A
May one build a Sukkah in a public area that people do not pass by, such as a forest or field?[10]
Yes, as the restriction only applies to an area that is actively used by the public to walk through.
If one does not have a permit to build on his property, may one build a Sukkah there?[11]
Yes.
If the city municipality gave permission for one to build his Sukkah in public property, may one do so?[12]
Yes.
May one build his Sukkah on the sidewalk?[13]
No. One may not do so as it blocks the space of the passersby.
May one build the Sukkah in the public area that is directly in front of his house?
Some Poskim[14] rule that one may do so for up until four Amos in front of his home, as it is considered his property. [Vetzaruch Iyun if this would apply even to a sidewalk.]
May one build a Sukkah in the joint property of an apartment complex, such as in the parking lot, or garden/courtyard?
One may only do so if he receives permission from the building management, and/or[15] the occupants of the building. This applies even if one owns an apartment or lives in the complex.
Two-Sentence Summary
One should initially not build a Sukkah on a street, sidewalk, or other public property used by passersby, even if the local residents would apparently not object. When no other location is available, there is room for leniency if the municipality permits the structure and the Sukkah does not obstruct or inconvenience the public; however, one who follows the ruling of Admur should be stringent when these conditions are not satisfied.
Quick Reference Table
| Situation | Practical ruling |
| Sukkah on an active public street | Initially forbidden |
| Sukkah blocking a sidewalk | Forbidden |
| Sukkah on a public lawn used by pedestrians | Initially forbidden |
| Sukkah in an unused field or forest | Permitted when it does not obstruct the public |
| Sukkah built without authorization | Valid after the fact, but improper to build |
| Reciting Lesheiv Basukkah in an unauthorized public Sukkah | According to Admur, do not recite it |
| No other location is available | Room for leniency under specific conditions |
| Municipality explicitly grants permission | Significant basis to permit |
| Municipality knows and does not object | Some Poskim consider this implied permission |
| Municipal permission, but pedestrians are obstructed | The obstruction remains a concern |
| Shared apartment courtyard or parking lot | Requires appropriate permission |
| Other tenants object | Consult a Rav or Beis Din |
| Sukkah on one’s private land without a city permit | The source permits it regarding this halachic concern |
Practical Examples
Example 1: Sukkah on a Sidewalk
A person has no private yard and wishes to erect a Sukkah on the sidewalk outside the apartment building. Since pedestrians use the sidewalk, the Sukkah may not be built there if it blocks or constricts their passage.
Example 2: Public Lawn Beside the Sidewalk
A public lawn lies beside the walkway, and placing a Sukkah there will not affect pedestrians. If no other location is available and the municipality permits or knowingly accepts the arrangement, there is room to be lenient.
Example 3: City-Issued Permit
The municipality designates a section of public land for temporary Sukkahs and grants permission to residents. The municipal authorization provides substantial grounds to permit building there, provided the approved Sukkah does not improperly disturb public access.
Example 4: Shared Apartment Parking Lot
A tenant wants to occupy a parking space or common section of the building’s courtyard with a Sukkah. The tenant must obtain appropriate permission because the area is jointly controlled and used.
Example 5: Unauthorized Sukkah Already Built
A Sukkah was erected on public property without permission. Although one fulfills the mitzvah after the fact, those following Admur should not recite Lesheiv Basukkah there.
Example 6: Unused Area in a Field
A person wishes to build a Sukkah in an area of a field through which the public does not pass. The restriction concerning an active public walkway does not apply in the same manner, although any necessary permission should still be obtained.
Example 7: Directly Outside the Home
A resident wishes to rely on the opinion that up to four Amos in front of the home is associated with the property. If the proposed location is part of an active sidewalk, the resident should not rely on this view to interfere with pedestrian access.
Example 8: Other Residents Protest
Building management approves a Sukkah in the shared courtyard, but other residents object. Since the source questions whether management can authorize the use despite their protest, the dispute should be brought before a competent Rav or Beis Din.
[1] Admur 637:11; Rama 637:3; Darkei Moshe 637; Yerushalmi Sukkah 3:1 “Gamilel Zavga built a Sukkah in the Shuk and Reish Lakish [or Yehoshua Ben Levi] passed by and asked him who permitted him to do so”; Or Zarua Sukkah 302; Hagahos Ashri Sukkah 16; M”A 637:3; Elya Raba 637:4; Piskeiy Teshuvos 638:3; Nitei Gavriel 4:3
Other opinions: See end of this paragraph.
[2] The reason: The reason for this is because the city belongs to the whole world, including gentiles which certainly do mind if one places a Sukkah there, and hence if one builds a Sukkah there it is considered [like] a stolen Sukkah [i.e. built on stolen property]. [Admur ibid; See Admur Hilchos Gezeilka 33; Michaber C.M. 162:2]
Why is this Sukkah not similar to a borrowed Sukkah: Now although one fulfills the Mitzvah of Sukkah if he builds it on stolen property nevertheless Lechatchilah one may not live in a Sukkah that is on stolen property being that the verse states Taaseh Lecha and such a Sukkah is not actually yours. This is not similar to a borrowed Sukkah being that when it is borrowed, he has permission to use it and it is hence considered his for all intents and purposes of Sukkah. [ibid]
[3] However, initially he may not do so [as aside for the stealing prohibition] as the Sukkah is not considered actually his, and the Torah stated “Taaseh Lecha,” that it should be yours. It is not similar to a borrowed Sukkah which was lent to him with his permission and is considered like it is actually his. [Admur 637:11]
[4] See Elya Raba 637:4, brought in P”M 637 A”A 3, “Therefore, in my opinion one should not protest those who do so”; Mamar Mordechai 637:4; Bigdei Yesha; Mur Ukeztia; Beis Meir; M”B 637:10 and Biur Halacha 637 “Vichein” “Those who are accustomed to be lenient in this are not to be protested, as many Poskim are lenient”; Piskeiy Teshuvos 637:3
[5] See Darkei Moshe 637:1 “However, I have not seen people be careful in this.”; M”A 637:3 who writes that some are not careful in this, although questions it.
The reason: As the gentiles do not mind at all, and it is hence considered Shoel Midaas. [Beis Meir ibid; Bikureiy Yaakov ibid, brought in Biur Halacha ibid]
[6] P”M 637 A”A 3; Bikurei Yaakov 637:6 based on Rama C.M. 162:1, brought in Biur Halacha ibid; Shoel Umeishiv 128, brought in M”B ibid
[7] M”B ibid and Biur Halacha ibid, that perhaps this applies according to all
[8] Admur ibid; M”A 637:3; Derech Hachaim 16
Other opinions: Some Poskim rule that one may recite a blessing on such a Sukkah and that it is not considered a Bracha Levatala. [Elya Raba 637, brought in P”M 637; Mamar Mordechai 637; Bigdei Yesha; Mur Ukeztia; Beis Meir; M”B 637:10 and Biur Halacha ibid; See Kaf Hachaim 637:16]
[9] The reason: The reason for this is because since the Sukkah is stolen it is not considered like one is saying a blessing but like one is blaspheming Hashem. [Admur ibid; See Admur 11:12; Bava Kama 94a]
[10] Implication of wording of Admur ibid; See M”B 637:10 and Biur Halacha 637 “Vichein” “It’s possible that perhaps only by the marketplace where there are passersby is it a problem, as opposed to the sides of the public area near one’s home.”
[11] Piskeiy Teshuvos 637:3; Nitei Gavriel
[12] See Rama C.M. 417:1; Beis Yosef 417 in name of Rashba; Bikurei Yaakov 637, brought in Biur Halacha ibid; Shoel Umeishiv 128, brought in M”B ibid
[13] See M”B and Biur Halacha ibid; See also Shoel Umeishiv ibid that the four Amos of street before ones house is considered ones property. Vetzaruch Iyun; See Nitei Gavriel 4:3
[14] Shoel Umeishiv 1:128; Pischeiy Teshuvah; M”B 637:10; Kaf Hachaim 637:17
[15] Tzaruch Iyun if the building management can give permission despite the protest of other tenants.