A Sukkah that contains areas that are not covered with Sechach or other material [is open to the sky]?[1]

When a Sukkah contains areas on its roof that do not contain Sechach, it enters the question of whether a) the area under the empty space remains considered as part of the Sukkah to permit eating and sleeping under it, and b) if the the empty space makes the Sukkah be considered split between the two sides of the empty space, and potentially invalidate the Sukkah if it will thereby remain without three Kosher walls or without a minimum of 7×7 Tefach dimension in one area. Practically, this matter is dependent on the size of the space without Sechach, and on the area in the Sukkah that it is found in. Thus, whenever one’s Sukkah contains significant areas without Sechach, aside for contemmpalting whether one may eat or sleep under those areas, he must in addition contemplate if his Sukkah even remains Kosher. The following are the detailed law:

 Eating and sleeping under the empty space:[2]

One may not [eat[3] or] sleep under an area of empty space that does not contain Sechach [or other material, and is thus oopen to the sky] even if it is less than three Tefachim [as it is Biblically invalid[4]].[5] However, this [invalidation to eat or sleep under it] only applies if the empty space crosses from one end of the Sukkah to the other[6], or if the empty space is large enough for one to enter his head and [or[7]] majority of his body through it. Otherwise, it remains permitted to [eat and sleep under this empty space] as there exists no Sukkah that does not have holes of empty space.[8]

The exact dimension of empty space that one may not eat/sleep under: [It is unclear from the above as to exactly how much space is needed to become invalid to eat or sleep under it, as certainly the majority of one’s head and body cannot fit in a less than three Tefach space, unless they roll on their side and it extends throughout the length of their body, and therefore some Poskim[9] rule that it is a great stringency to invalidate eating and sleeping under less than three Tefachim of space unless one indeed fits majority of his head/body under the space. Certainly, however, if the empty space is 3×3 Tefach then it is invalid to eat or sleep there.[10] Likewise, certainly, if the empty space is not more than one by one Tefach then it is valid to eat and sleep under it.[11] This applies even if it stretches from one end of the Sukkah to another.[12] Nonetheless, some are stringent to place some Sechach horizontally over the empty space if it goes from one end of the Sukkah to the other even if it is less than one Tefach of empty space.[13] If it is more than 1×1 Tefach, then some Poskim[14] rule that perhaps such space is invalid to eat or sleep under, and therefore, initially one should be careful to avoid having even 1×1 Tefachim of empty space in the Sechach of his Sukkah. Nonetheless, if such empty space was left, then it remains permitted to eat and sleep under it so longa s majority of one’s head/body are under the Sechach.[15]]

The following in B will now discuss scenarios in which an empty space may not only pose an invalidation for eating or sleeping under it, but may even potentially invalidate the Sukkah all together. 

1. When empty space invalidates the Sukkah:

Three Tefach of empty space that goes from wall to wall: If a space of three[16] Tefach is left uncovered without Sechach or any other material and is thus open to the sky, then it invalidates the Sukkah. This applies whether the Sukkah is large or small [i.e. exactly 7×7 Tefachim], and applies whether the empty space is by the side of the Sukkah [adjacent to one of the walls] or in middle of the Sukkah.[17] However, this [invalidation of the entire Sukkah] only applies if the three Tefachim of empty space crosses from one end of the Sukkah to the other [i.e. from wall to wall], and ends up splitting the Sukkah in half and causes there not to remain a 7×7 Tefachim dimension with [three] valid walls in any one area.[18] [For example, if a three walled Sukkah contains a three Tefach uncovered area adjacent to one of its walls throughout its entire legnth of the Sukkah, then this adjacent wall becomes invalidated, and thereby invalidates the entire Sukkah being that it now remains with only 2 Kosher walls. Likewise, if the empty space of three Tefachim passes through the middle of a three walled Sukkah from one end to the other, thus splitting each side of the Sukkah to now only contain 1 and ½ walls, then it is invalid.[19]] However, if the Shiur Sukkah [of 7×7 Tefachim] does remain in one area [with three Kosher walls, such as if it was a four walled Sukkah of 10×10 Tefach and the empty space of three Tefach is adjacent to one of the four walls], then that area remains valid.[20] [Likewise, if by a three walled Sukkah, the three Tefach of empty space passes between the two parallel walls from one end to the other at a distance from the third wall, and there is a 7×7 Tefach area between this space and the third wall, then the Sukkah remains valid.[21]]

Three by three Tefach of empty space that does not go from wall to wall:[22] If a Sukkah contains a three [by three[23]] Tefach of empty space that does not go from wall to wall, then [although one may not eat or sleep under the empty space, and it does not join for the minimum Shiur of 7×7 Tefach, nevertheless] it does not split the Sukkah in half and all its walls remain valid, and thus if in total the Sukkah contains 7×7 of areas covered with Sechach, then it is valid even if it does not contain a single area of 7×7 of Sechach around the parameters of the empty space [although, all together there is 7×7 Tefachim of Sechah]. [Thus, if in the center of one’s 10×10 Tefach Sukkah there is an empty space of 3×3 Tefachim, all areas of Sechach that surround the 3×3 center of empty space remain valid even though each side of the empty space only contains 10×3.5 Tefachim from its wall until the empty space, being that when the Sechach on both sides of the empty space are added together they contain 10×7 Tefachim, which is the valid measurement of a Sukkah. Accordingly, it is permitted to place a glass sunroof in place of Sechach, on the area of the Sechach which directly corresponds to the table.[24] However, some Poskim[25] argue on the above and rule that the areas surrounding the empty space do not join each other to make up the minimum 7×7 Tefachim required dimension of Sechach, and hence all areas of the Sukkah that do not contain a 7×7 Tefach dimension beyond the empty space are invalid. Thus, one is initially to be stringent and not have empty space even in the center of his Sukkah that does not go from wall to wall if it leaves areas in the Sukkah without a 7×7 Tefach dimension.] In all cases, one may not eat or sleep under this area if the empty space crosses from one end of the Sukkah to the other, or if the empty space is large enough for one to enter his head and majority of his body through it, as explained above in A!

Empty space is less than 3 by 3 Tefach:[26] If a space of less than three [by three[27]] Tefach is left uncovered without Sechach or any other material and is thus open to the sky, then it does not invalidate the Sukkah, and furthermore, it even joins to complete [the minimum required size of a Sukkah, which is 7×7 Tefachim].[28] [Thus, if a 7×7 Tefach Sukkah contains 2.9 Tefachim of empty space down its middle from one wall to the other, the Sukkah remains valid so long as it in total contains majority shade, even though its does not contain 7×7 Tefachim of actual Kosher Sechach.] Nonetheless, one may not eat or sleep under this area if the empty space crosses from one end of the Sukkah to the other, or if the empty space is large enough for one to enter his head and majority of his body through it, as explained above in A!

Empty space is less than 3 Tefach but is adjacent to invalid Sechach:[29] Furthermore, even if there is less than four Tefachim of invalid Sechach adjacent to the less than three Tefachim of empty space, then by a large Sukkah [which is more than 3×3 Tefachim] they do not join for making a total of more than three Tefachim of empty space which splits the Sukkah in half.[30] Accordingly, if there is three Tefachim of empty space which is splitting the Sukkah in half [and one has no more valid Sechach available], one can place invalid Sechach in the empty space to diminish the empty space to less than three Tefachim and prevent it from splitting the Sukkah in half. However, by a small Sukkah of 7×7 Tefachim[31], the less than three Tefachim of non Kosher Sechach and less than three Tefachim of empty space join together to split the Sukkah if in total they combine for three Tefachim, and it thus becomes invalid [even if the Sukkah still contains majority shade].[32] [Thus, if in a 7 x 7 Tefachim Sukkah there was 1.5 Tefachim of both invalid Sechach and empty space next to eachother, and four Tefachim of Kosher Sechach, it is invalid being that the Sukkah does not contain a valid space of 7×7 Tefachim]. Nonetheless, one may not eat or sleep under this area if the empty space crosses from one end of the Sukkah to the other, or if the empty space is large enough for one to enter his head and majority of his body through it, as explained above in A![33]

Summary: One may not eat under an area that does not contain Sechach if majority of his head/body is under the area. Furthermore, if the uncovered area stretches from wall to wall, then if it is three Tefach wide, the Sukkah is considered split in half and is possibly invalid if it will lack three walls due to this. If the uncovered area is adjacent to the walls then if it is three Tefach wide, the adjacent wall is invalidated. This can possibly invalidate the entire Sukkah if the Kosher Sechach will not remain with 3 Kosher walls.

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[1] Michaber 632:2

[2] See Michaber and Rama 632:2; Piskeiy Teshuvos 632:12; Nitei Gavriel 14

[3] Biur Halacha 632:2 “Viein”

[4] Biur Halacha 632:2 “Viein”

[5] Michaber ibid; Aruch Hashulchan 632:5

Other opinions: See Radbaz 4:1317 (246) brought in brackets in this paragraph

[6] Must the empty space that passes from one end to another have a minimum width? The Poskim question this statement of the Rama which implies that if the empty space goes from one end of the Sukkah to another then it is invalid even if it takes up a tiny sliver of space, less than even a Tefach. This would virtually invalidate all Sechach made of boards, or bamboo, or Sechach mats that are very popular for Sukkos, as there is inevitably lines of space that reach from one end of the Sukkah to the other between the pieces of wodd/bamboo etc. Thus, the Poskim conclude that one must state that even when the space stretches from one end of the Sukkah to the other it only invalidates eating or sleeping under it if it is large enough for one to fit [majority of] his head/body in it, otherwise it is valid, and hence the Rama is saying that that space which is less than 3 Tefach is only invalid if it goes from wall to wall and can fit a head/body through it, or even if it does not go from wall to wall, but can fit a head/body through it,and hence the main aspect of invalidation remains only if one can fit his ehad/body under the space. [See Salmas Chaim 243-245; Chazon Ish 144:5; Yabia Omer 4:49 that so is proven from the Rishonim the Michtam, Hashlama and Ritva; Piskeiy Teshuvos ibid] However, some Poskim conclude that in truth if the empty space passes throughout the Sukkah then it invalidates the area under it even if one cannot fit his head/body under it, being that it is very recognizeable, and hence they suggest that whenever such a space has been created, such as by bamboo Sechach, then one should arrange boith a horizontal and vertical layor of Sechach to prevent such lines of space from being created. [See Aruch Hashulchan 632:5; Moadim Uzmanim 6:71; Tzitz Eliezer 15:28; Piskeiy Teshivos ibid footnote 60; Nitei Gavriel ibid footnote 5-6]

[7] Some Poskim rule that if the empty space is enough to enter the head, or majority of the body in it, then it is invalid. [M”B 632:12 in name of Ran] The reason for this is because it is not possible for the majority of ones head and body to enter a space of less than 24 cm. square [as proven from the minimum Shiur Sukkah of 7×7 Tefachim, of which we say a person needs a minimum of 6×6 Tefachim of space to sit inside-See Sukkah 7za; Emek Shemaasah 3], and hence one must conclude that it refers to or ones head, or ones body. [Piskeiy Teshuvos ibid] Furthermore, some Poskim prohibit the space if even majority of his head or body can fit inside. [Chazon Ish 144:5]

[8] Rama ibid

[9] See Radbaz 4:1317 (246)

[10] See P”M 632 A”A 4; If the empty space is 3×3 Tefach, then it is not considered part of the Sukkah and is as if one is eating half in and half out of the Sukkah and is hence invalid

[11] Sheiris Yisrael 1:28; Piskeiy Teshuvos ibid

[12] Sheiris Yisrael ibid; Piskeiy Teshuvos ibid; Nitei Gavriel 14:2

The reason: As even when the empty space stretches from one end of the Sukkah to the other, certainly we still require it to be large enough to be able to fit the head/body of a person. [See Salmas Chaim 243-245; Chazon Ish 144:5; Yabia Omer 4:49 that so is proven from the Rishonim the Michtam, Hashlama and Ritva]

Other opinions: See next and previous footnotes!

[13] See Aruch Hashulchan 632:5; Moadim Uzmanim 6:71; Tzitz Eliezer 15:28; Piskeiy Teshivos ibid footnote 60; Nitei Gavriel ibid footnote 5-6

[14] Poskim in previous footnote

[15] As rules Radbaz ibid; See also Salmas Chaim ibid; Nitei Gavriel ibid footnote 5

[16] The reason: The reason for why by empty space the dimension of invalidation is three Tefachim, while by invalid Sechach it is four Tefachim is because by empty space the split that it causes to the Sukkah is more readily apparent. [Taz 632:4; M”B 632:10]

[17] Michaber ibid

[18] Rama ibid

[19] M”A 632:4 in name of Tur; Tur 632 p. 513; M”B 632:13

[20] Rama ibid

[21] M”A 632:4 in name of Tur; Tur 632 p. 513; M”B 632:13

[22] Rama 632:2 as explained in M”A 632:4 in name of Tur, and that so rules the Toasafus, Rosh, Rabbeinu Yerucham and Levush; M”B 632:16

Other opinions: Some Poskim rule that the areas surrounding the empty space do not join for the 7×7 dimension. [Bikureiy Yaakov 632:7, brought in M”B ibid]

[23] P”M 632 A”A 4; If the empty space is less than 3×3 Tefach, such as if it is 3×2 Tefach, then it even joins for the minimum Shiur of the Sukkah, as explaiend next.

[24] See Bikureiy Yaakov 632:7 who implies that this is only forbidden in his opinion, while according to the M”A ibid it would be permitted. Vetzaruch Iyun why this is not forbidden according to all due to the table being outside of the Sukkah.

[25] Bikureiy Yaakov 632:7, brought in M”B ibid

[26] Michaber 632:2

[27] P”M 632 A”A 4; If the empty space is less than 3×3 Tefach, such as if it is 3×2 Tefach, then it even joins for the minimum Shiur of the Sukkah, as explaiend next.

[28] The reason: As we apply the rule of Lavud and it hence joins the remainder of the Sukkah. [Biur Halacha 632:2 “Bepachus”]

[29] Michaber 632:3, as explained in M”B 632:17-18

[30] The reason: As by a Sukkah which is more than 7×7 Tefachim invalid Sechach and empty space have different measurements regarding their invalidation, with invalid Sechach being invalid with 4 Tefachim and empty space being invalid with 3 Tefachim, and hence they don’t join. [M”B 632:17]

[31] Michaber ibid

Other opinion: Some Poskim rule that a Sukkah is defined as small if it is less than 10 Tefachim by 10 Tefachim, as in such a case there will not be a Sukkah of 7×7 Tefachim left if we deduct from it the three Tefachim space of invalid Sechach. [Bikureiy Yaakov 632:8 based on M”A 632:4]

[32] The reason: As by a Sukkah which is 7×7 Tefachim invalid Sechach and empty space have the same measurements regarding their invalidation, with both being invalid with 3 Tefachim, and hence they join. [M”B 632:17]

[33] M”B 632:17

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