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.

[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.

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