- Using the Sechach of the Sukkah for other purposes:[1]
The Sechach of the Sukkah is Biblically holy and is considered like the Hekdesh of Kodshim. Hence, it is Biblically[2] forbidden to use the wood of the Sechach throughout all the seven days of Sukkos.[3] [Rabbinically, it remains forbidden likewise on the 8th day in Eretz Yisrael, and also on the ninth day in the Diaspora.[4]] This prohibition applies even if the Sechach fell off the Sukkah [or the Sukkah became destroyed] and hence its Mitzvah became nullified, nevertheless it remains Biblically forbidden to make use of the Sechach throughout all of the seven days of Sukkos.[5] This prohibition takes effect even if the Sukkah was not originally built for the sake of the Mitzvah of Sukkah [but rather for mere shade] and applies even if one did not renew anything in the Sukkah [as is required if it was built prior to thirty days before Sukkos, as explained in the previous Halacha in D].[6]
To which Sechach of the Sukkah does the prohibition apply: The above prohibition applies to all the Sechach of the Sukkah, whether to the Sechach that is needed for its minimum requirement of 7Ă—7, and whether to the Sechach that is in excess of this minimum amount.[7] This prohibition applies likewise to all layers of the Sechach, even if one adds a second layer of Sechach over a first layer which already provided majority shade to the Sukkah and validated it, nevertheless the second layer also becomes Biblically forbidden in benefit.[8]
Making a stipulation on the Sechach?[9] While making a stipulation on the decorations of the Sukkah permit one to make use of it during Sukkos, nonetheless, one cannot stipulate on the Sechach, being that the Sechach is Biblically forbidden in benefit. Thus, even if one were to stipulate before Sukkos to use Sechach of the Sukkah for other purposes in the event that it falls, it would remain forbidden in benefit.
Stationary usage-The form of use that is forbidden:[10] The wood of the Sechach is only prohibited to be used in a way that one removes some of the Sechach [or removes the entire Sechach, from the Sukkah] and then makes a use from it, such as if one breaks a twig off from it to use for flossing his teeth.[11] [Likewise, if a piece fell off from the wall, it may not be used.[12]] However, one may use it and benefit from it in its stationary state [without removing it from the Sukkah], and do with it any action that does not remove the holiness of the Sukkah from it. For example, one may rest his items on it [i.e. a hat or coat], or smell it if it contains Besamim wood, and so on and so forth of the like.[13] Thus, originally it was common for people to hang things on the Sechach. However, today this is no longer commonly done.[14]
- From when does the benefit prohibition against the Sechach and walls take effect?[15]
The prohibition against getting benefit from the Sechach and walls of the Sukkah takes affect from the first time that one dwells in the Sukkah for the sake of the Mitzvah [beginning from the night of the 15th]. However, prior to dwelling in it even one time for the sake of the Mitzvah, it does not have any holiness at all.[16] This applies even if the Sukkah was specifically built for the sake of the Mitzvah [and certainly applies if it was originally built for the sake of shade] nevertheless it does not receive holiness until he dwells in it for the sake of the Mitzvah during Sukkos. Thus, prior to dwelling in in it for the first time, one may use and benefit even from its Sechach, and certainly from its walls and decorations.
The law by a Sukkah that remains from year to year:[17] The above law applies even if the Sukkah remains erect from year to year, and thus although he dwelled in it the previous year [and draw down holiness to the Sechach and walls for that Sukkos], nevertheless its [walls and Sechach] do not become prohibited [in use and benefit by Sukkos of this year] until after one dwells in it during this year’s festival for the sake of the Mitzvah.[18]
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Q&A May one benefit from the Sechach and walls after Sukkos? What should one do with them after Sukkos? The Sechach and walls are only prohibited in benefit during Sukkos itself, however, after Sukkos they may be used and benefited from [for non-belittling purposes]. If they are no longer fit for use, then they should be discarded in a respectful manner. See Chapter 16 Halacha 5 for the full details of this matter!
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[1] Admur 638:1; Michaber 638:1; Taz 630:1 in opinion of Rambam 6:15; Rosh 1:13; Sukkah 9a; Beitza 30b
[2] Admur ibid; Taz 630:1 in opinion of Rambam 6:15; Rosh 1:13
[3] Admur ibid; Michaber ibid
The reason: Just as the state of Hekdesh befalls Kodshim and therefore it is forbidden to receive benefit from it, so too the state of Hekdesh befalls the Sukkah as the verse [Vayikra 23:34] states “Chag Hassukos Shivas Yamim Lahashem” and this verse is expounded to mean that just like the Chagiga is for Hashem [i.e. Hekdesh] so too the Sukkah is for Hashem [i.e. Hekdesh]. Now, the term Sukkah refers only to the Sechach and hence it is Biblically forbidden to use the Sechach throughout the seven days of Sukkos. [Admur ibid]
[4] 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]
[5] Admur ibid; Taz ibid in understanding of Rambam ibid
[6] Admur 638:15; M”A 638:2; This implies that although such a Sukkah is Rabbinically invalid, as explained there, nonetheless if one dwelled in it, it receives Kedusha. Vetzaruch Iyun. See P”M 638 A”A 2 that according to the opinion that it is Rabbinically invalid, then it does not receive any Kedusha at all
[7] Admur 638:1; Taz 630:1 in opinion of Rambam 6:15
[8] Admur 638:3 [See there regarding if a tied bundle of Sechach was placed on the Sukkah and not untied, that it does not receive Kedusha as it is evident to all that one does not intend to use it as Sechach]; Taz 518:6; See also Admur 518:16-20
The reason: As these added pieces of Sechach are nullified to the Sechach under them, and they receive the Kedusha of Sukkah. [Admur ibid]]
[9] Admur 638:12; Rama 638:1; M”A 638:1; Beitza 30b as explained by Rashi
[10] Admur 638:5; 628:6; Taz 638:3; 1st opinion in Rama 636:2 regarding smelling Besamim
Other opinions: Some Poskim rule that it is forbidden to benefit from the walls or Sechach even when stationary. [Oneg Yom Tov 49]
[11] Admur ibid; Rama 636:1; Maharil Sukkah 367
The reason: As when one removes the twig from the Sukkah one revokes from it the holiness of the Sukkah. [Admur ibid]
[12] Admur 636:12
[13] The reason: As by doing so one is not revoking the holiness of the Sukkah. [Admur ibid]
[14] Admur 628:6-7; M”A 628:6
[15] Admur 638:15; Rama 638:1; M”A 638:2; Sheilasos Derav Achaiy Parshas Shelach 126; Or Zarua 2:360; Hagahos Ashri Beitza 4:3
[16] The reason: As any Mitzvah that one has not yet used for its Mitzvah does not receive any holiness at all, as explained in Chapter 42:4 and 6. [Admur ibid]
[17] Admur 638:16; M”A 638:2
[18] The reason: As with the passing of the festival of the previous year, the Kedusha of the Sukkah becomes nullified, and this holiness only becomes reinstated each year after one dwells in the the Sukkh that year for the sake of the Mitzvah. [Admur ibid; M”A ibid]