Benefiting from and making use of the Sukkah decorations:[1]
The letter of the law:[2] All decorations of a Sukkah are [Rabbinically] forbidden in benefit just like the Sukkah itself, throughout the entire holiday of Sukkos [including Shemini Atzeres and Simchas Torah[3]].[4] This applies whether the decorations are attached to the Sechach or the walls of the Sukkah.[5] Thus, if one hung fruits and other delicacies in his Sukkah for the sake of decorations, then they are forbidden in benefit and may not be eaten throughout all the days of the festival [i.e. until after the 8th day in Eretz Yisrael, and after the ninth day in the Diaspora[6]]. This applies even if the decoration fell off the Sukkos.[7]
If a stipulation was made before Yom Tov:[8] If one stipulated on Erev Yom Tov before the start of Sukkos, before Bein Hashmashos, by [verbally[9]] saying that he reserves the right to use the decorations throughout all the period of Bein Hashmashos of all the eight days of Sukkos, then the decorations are not forbidden in benefit and are permitted to be used and eaten throughout the holiday whenever one chooses.[10] [This applies whether they are hanging on the walls of the Sukkah or the Sechach of the Sukkah.[11]] However, the stipulation is only valid if one stipulated to be allowed to use it during freely during Bein Hashmashos. If, however, one stipulated to simply reserve the right to use or eat the decorations once they fall off the Sukkah, then this stipulation is Halachically worthless.[12] Likewise, if he only said that he is stipulating to reserve the right to make use of the decorations for the entire Bein Hashmashos of the first day, and did not stipulate regarding the Bein Hashmashos of the other days, then they become prohibited in benefit from the second day and onwards.[13] If he only said that he is stipulating to reserve the right to make use of the decorations for the entire Bein Hashmashos of the second day and onwards, but did not stipulate regarding the Bein Hashmashos of the first day, then they become prohibited in benefit on the first day and even on the second day and onwards.[14] If, however, one stipulated and said that he reserves the right to use them throughout the entire Bein Hashmashos without explicitly mentioning neither the first day nor the other days, then we assume that his intent was on the Bein Hashamshos of all the days of the Holiday, and it is thus permitted to be used and benefited from whenever he chooses, whether on the first day or any other day.[15] Likewise, if he said that he reserves the right to use the decorations whenever he wishes and did not mention at all the word Bein Hashmashos, then he may use and benefit from it whenever he chooses.[16]
The custom:[17] Practically, today the custom of the world is to hang all forms of decorative sheets and other ornaments and to remove the ornaments from the Sukkah [on Shabbos and Yom Tov] whenever they desire, such as due to rain or thieves, even if they did not stipulate on them from Erev Yom Tov, being that the custom has become to allow doing so and it is hence considered as if one stipulated.[18] Nevertheless, initially it is proper to stipulate on this matter from before Yom Tov.[19]
Who should stipulate?[20] [In addition to one who plans on removing the decorations during the festival needing to initially stipulate beforehand, as stated above, furthermore[ even one who does not plan on removing the decorations from the Sukkah throughout the entire festival should nevertheless stipulate on Erev Yom Tov if he knows that the children may come to eat from the edible decorations during the festival [or make another use of it].
Are the Sukkah decorations Muktzah on Shabbos/Yom Tov? Ideally, if a stipulation was not made, then the decorations are Muktzah on Shabbos/Yom Tov even if they are food items, being that they are forbidden in being eaten [or used].[21] It would thus be forbidden to move them even for the sake of saving them from getting stolen, or from rain damage. However, in light of the above custom to move the items even without stipulation, the decorations are not Muktzah even if a stipulation was not made.[22]
Removing the decorations on Shabbos/Yom Tov:[23] If one desires to leave himself the option of being allowed to remove the decorations of the Sukkah on Yom Tov [and Shabbos] due to the rain or worry of thieves, then [aside for initially making an explicit verbal stipulation, as stated above ] he is to beware not to tie the decorations to the Sukkah in a complete knot, in which case it would be prohibited to undo on [Shabbos or] Yom Tov, and rather he is to attach them with a loop. [Thus, they may only be untied if it is not a double knot or any other knot that is forbidden to be made on Shabbos.[24] If they are tied with plastic zip lock strips, then seemingly they may not be cut free on Shabbos and Yom Tov.[25] In addition to the above, they may only be removed on Yom Tov or Shabbos if doing so does not involve the destroying prohibition. Thus, if they are stapled, or nailed in the boards, then they may not be removed.]
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Q&A Are pictures placed in a Sukkah considered Noiy Sukkah and Muktzah on Shabbos/Yom Tov? Pictures are considered “Noy Sukkah” and hence should not initially be removed from the Sukkah unless one stipulated beforehand, as explained above. Nevertheless, in light of the above custom to move the items even without stipulation, one may in a time of need move the pictures from the Sukkah even if a stipulation was not made. Accordingly, the pictures are not considered Muktzah on Shabbos and Yom Tov and may be replaced if they fell [although seemingly it is best to do so using a Shinuiy if a stipulation was not explicitly made[26]].
May one move, or remove, the decorations from the Sukkah if he does not plan on making a use with them?[27] During Chol Hamoed it is permitted to move and even remove the decorations from the Sukkah if one does not plan to use them, and they are not considered Muktzah.[28] Thus, it is permitted to remove them due to the rain or worry of thieves. Likewise, one may remove the decorations to replace them elsewhere in the Sukkah, or in another Sukkah.[29] However, on Shabbos and Yom Tov they may not be moved due to Muktzah, unless one stipulated on them before Yom Tov as stated above or is lenient to follow the custom.
Are ornaments placed in areas of the Sukkah that are invalid [i.e. under a roofing] considered to receive the holiness and be forbidden in benefit? Some Poskim[30] rule that it is forbidden in benefit [unless a stipulation was made] even if placed in areas of the Sukkah that are invalid due to invalid Sechach. Other Poskim[31] however rule that it does not become prohiobited in benefit.
Do candle sticks, flower vases, and other ornaments positioned in the Sukkah to beautify it become prohibited in benefit? Some Poskim[32] rule that that all items placed in the Sukkah for the sake of beautifying it are forbidden in benefit [unless a stipulation was made] even if they simply are resting on a table and are not actually hanging in the Sukkah. Other Poskim[33] however rule that it does not become prohibited in benefit unless it is attached to the walls or Sechach.
If the decorations were entered into the Sukkah on Chol Hamoed, do they become prohibited in benefit?[34] Yes, they become prohibited in benefit immediately after Bein Hashmashos of that day of Chol Hamoed, unless a stipulation was made.
Are light fixtures that are in the Sukkah prohibited in benefit?[35] No, unless they were entered also for beauty purposes, in which case they are forbidden unless a stipulation was made.
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[1] See Admur 638:6-18; Piskeiy Teshuvos 638:4-10
[2] Admur 638:6
An Esrog: If an Esrog was hung as a decoration in the Sukkha, some Poskim rule that it nevertheless remains permitted to be used for the Mitzvah of Daled Minim. [Biur Halacha 638 “Kol Shemoneh” in name of Chasam Sofer; Maharam Shick 323] Other Poskim, however, negate this opinion, and rule that one cannot fulfill his obligation with this Esrog. [Shivas Tziyon 16; Kerem Shlomo 648:14; Nachlas Avos O.C. 3; Machaneh Chaim 3:49] See Piskeiy Teshuvos 638:10
If decoration fruits were used in cooking: It is nullified in 60x, unless it is Min Bemino in which case it is not nullified at all, as it is a Davar Sheyeish Lo Matirin. [Rav Poalim 3:43] See Piskeiy Teshuvos 638:10
[3] Michaber 667:1
[4] Admur ibid; Michaber 638:2; Rambam 6:16; Sukkah 10a
The reason: The reason for this is because using for other purposes the decorations that were designated for the Mitzvah is a belittlement of the Mitzvah. [Admur ibid; Shabbos 22a]
[5] Admur ibid; Taz 638:8; M”A 638:9
[6] Michaber 667:1; See Admur 638:12 “Eight days of the festival”; Gloss on Admur 638:2; Michaber 638:1 “Eight days”
If Shemini Atzeres falls on Thursday in the Diaspora: It is a dispute amongst Poskim as to whether in such a case one may benefit from the decorations on Shabbos. [See Michaber 667:1]
[7] Admur ibid; Michaber ibid; Rosh 24:9
[8] Admur 638:7; Michaber and Rama 638:2; Beitza 30b; Rosh 24:9
[9] Thinking alone does not suffice, and the stipulation must be verbalized. [Hagahos Maharsham 638; Piskeiy Teshuvos 638:4]
[10] The reason: The reason for this is because at the time of Bein Hashmashos, which is the start of the day, when the holiness of the Sukkah was meant to befall it, the holiness did not befall it at all, being that he stipulated that his power and right be retained over them and hence it ends up that the decorations were never designated at all for the Mitzvah. Now, although they are hanging in the Sukkah there is no belittling of the Mitzvah involved in using them being that they have not been designated at all for the Mitzvah. [Admur ibid]
[11] Setimas Admur ibid who does not differentiate
Other opinions: Some Poskim rule that today we are no longer expert in the stipulation, and thus no longer stipulate regarding the decorations that hang by the Sechach of the Sukkah, however by the Sechach that hangs by the walls we do stipulate as some Poskim rule that even the walls themselves are permitted in benefit. [Rama 638:2; See Taz 638:7 and M”A 638:8]
[12] Admur 638:8; Michaber 638:2; Hagahos Maimanis 6:16; Semak 93
The reason: The reason for this is because they were not stipulated to be used at the time that they were hanging on the Sukkah, and if so it ends up that during Bein Hashmashos when they were hanging on the Sukkah the holiness of the Sukkah befalls it. Now, once the holiness befalls it, it no longer leaves as a result of the original stipulation being that the stipulation only helps to prevent the Kedusha from befalling the decoration [and not to revoke it or end it], and thus once the Kedusha befalls it, it no longer leaves. Accordingly, even if the decorations fell from the Sukkah they may not be used. [Admur ibid; Beis Yosef 638; Levush 638:2]
[13] Admur 638:9; Rama 638:2; Orchos Chaim in name of Ramban
The reason: As each and every day of Sukkos is considered its own independent Kedusha, and the Kedusha of that day befalls the decoration in the beginning of the emntrance of each day that was not stipulated upon. [Admur ibid; Taz 638:5]
[14] Admur 638:9; Taz 638:5; Orchos Chaim in name of Ramban
The reason: As since the Kedusha befell the decorations by Bein Hashmashos of the first day it no longer leaves it throughout all the days of the festival, being that they are considered like one long day regarding this matter to be stringent and not to be lenient. [Admur ibid; Taz ibid]
[15] Admur ibid; M”A 638:7; Rashal Beitza 4:3
[16] Admur 638:10; Michaber 638:2; Bahag
The reason: As since he stipulated to retain the right to use them whenever he desires, the period of Bein Hashmashos was likewise included within this stipulation, and it hence ends up that the holiness never be
[17] Admur 638:11; Rama 638:2; Darkei Moshe 638:5
[18] The reason: Some have given the following justification behind the custom: Since the custom of the world is to remove them from the Sukkah [on Shabbos and Yom Tov] due to worry of it being stolen or due to rain, it is therefore considered that whenever a person hangs valuable items in the Sukkah as a decoration, certainly his intent is only for the sake of the custom, which is to remove it from there in a time of need. This then makes it considered as if he has explicitly stipulated upon them a stipulation which allows him to remove them from there when he needs. Meaning, that he does not separate from them throughout the entire Bein Hashmashos of all seven days of the festival, and it is therefore permitted from him to remove it from there whenever he wishes, even when it is not raining, and even if there is no worry of robbers at all, as the holiness of the Sukkah never befell them. [Admur ibid; Taz 638:8; M”B 638:24]
[19] Admur ibid; Rama ibid
[20] Admur 638:18; M”A 638:4
[21] Admur 636:6; Rama 636:2; Tur 636; Bahag; Mordechai
The reason: As since the decorations are forbidden in use therefore, they have no purpose throughout all the days of the festival and are Muktzah. [Admur ibid]
[22] Admur 638:11 and 17 which refers even on Yom Tov
[23] Admur 638:17; M”A 638:9; Darkei Moshe 638:5; Aguddah 1:9; M”B 638:24
[24] See Piskeiy Teshuvos 638:7 and our corresponding Sefer “A Semicha Aid for the Laws of Shabbos” Volume 2, Sections of Boneh Vesoser and Tying and Untying
[25] The reason: As even if cutting them would not be viewed as forbidden due to Soser due to them being similar to other non-sturdy vessels, nonetheless, since it is not being done for a Shabbos need, therefore it should be forbidden. [See Admur 314:1 and Ketzos Hashulchan 119 footnote 18]
[26] Tzaruch Iyun if in truth they are Muktzah even if a Tnaiy was not made, and is required, as their entire purpose is decorations, and is hence not similar to the Muktzah status of decoration fruits which are in general designated for eating. The practical ramification would be regarding if one may move it to another area of the Sukkah on Shabbos/Yom Tov or tilt it back into position.
[27] See Piskeiy Teshuvos 638:6-7
[28] Implication of Admur 638:6 regarding them being Muktzah on Shabbos and Yom Tov that they may be moved during Chol Hamoed and so is implied behind his reasoning for them being prohibited in benefit due to it being belittling of them, and not due to that one is removing them from their Kedusha; Rav SZ”A in Sukkah Hashaleim 10; Piskeiy Teshuvos 638:6 according to those Poskim who rule that one may take down a Sukkah on Sukkos and 638:7 that when removing to prevent damage everyone agrees.
Other opinions: Some Poskim understand that it is forbidden to take down Sukkah decorations even if one does not plan on using them, being that one demotes them from their holiness. [See Piskeiy Teshuvos 638:3 and 6]
The reason: As they are only prohibited in benefit and not in being removed, and thus so long as one does not plan to benefit from the after their removal it is permitted to remove them. [Piskeiy Teshuvos ibid]
[29] Tzitz Eliezer 13:67
[30] Heichly Hashein 3:2; Orchos Rabbeinu 2:220; Piskeiy Teshuvos 638:4
[31] Chochmas Shlomo 638; Likkutei Yehuda Sukkos p. 120; Nitei Gavriel; Piskeiy Teshuvos 638 footnote 12
[32] Implication of Bikureiy Yaakov 667:1; Sukkas Shaleim 27 footnote 37 in name of Shulchan Shlomo; Piskeiy Teshuvos 638:4
[33] Chelkas Yaakov 2:127; See Piskeiy Teshuvos 638 footnote 13; In Admur, no mention is ever made of the possibility of even items resting on a table becoming Noiy Sukkah, and in all areas mentioned, Admur refers to hanging decorations. [See Admur 638:6 and 11]
[34] See Admur 638:9; Biur Halacha 638 “Assur”; Piskeiy Teshuvos 638:4
[35] Chelkas Yaakov 2:127; Beir Moshe 7:120 Kuntrus Elektri; See Piskeiy Teshuvos 638