13. Benefiting from the Sukkah & making use of its Sechach or Walls:

A. 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 8^th 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 7×7, 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 Biblcially 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 Sukkios, 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]

B. Using the walls of the Sukkah for other purposes:[15]

Rabbinically, it is forbidden to make use of the walls of the Sukkah throughout all the seven days of Sukkos.[16] [Rabbinically, it remains forbidden likewise on the 8^th day in Eretz Yisrael, and also on the ninth day in the Diaspora.[17]] This prohibition applies even if the Sukkah fell.[18] 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].[19]

Which walls become prohibited:[20] This prohibition applies to all the walls of the Sukkah, even if they are in excess of the minimum required walls, and hence all four walls of a complete four walled Sukkah are forbidden in benefit.[21] This prohibition applies to all layers of the wall, even if one adds a second layer of wall over a first layer which already validated the Sukkah, nevertheless the second layer also becomes forbidden in benefit even if it is not attached to the first layer and is simply resting on it.[22] [If, however, at the time that the walls were erected one designated which wall would be considered the fourth wall that is only being erected as a Mitzvah Min Hamuvchar, then that wall may be benefited from.[23] Likewise,] if after one first built the three walls needed for a Kosher Sukkah one then built a fourth wall, then that fourth wall is permitted in benefit.[24]

Making a stipulation on the walls?[25] 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 walls.[26] Thus, even if one were to stipulate before Sukkos to use walls of the Sukkah for other purposes in the event that it falls, it would remain forbidden in benefit.[27] However, if one added more material to the thickness of an already validly erected wall, in order to strengthen it, then if they are not attached to the wall and may thus be removed from the wall on Yom Tov without transgressing the prohibition against destroying an Ohel, then they may be stipulated on before Yom Tov to use whenever one wishes, and this stipulation helps to prevent the holiness of the Sukkah from befalling these materials.[28] Likewise, if one builds a Sukkah on Chol Hamoed then the walls may be stipulated on to use whenever one wishes, and one may then use it whenever one wishes even while the Sukkah is still erect and while he is dwelling in it for the sake of the Mitzvah.[29]

Stationary usage-The form of use that is forbidden:[30] The wall is only prohibited to be used in a way that one removes some of the wall [or removes the entire wall, from the Sukkah] and makes a use from it, such as that one breaks a twig off from it to use for flossing his teeth.[31] [Likewise, if a piece fell off from the wall, it may not be used.[32]] However, one may use it and benefit from it in its stationary state [while it remains on 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.[33] [Likewise, one may do any action of dwelling with the walls, as he would do with the walls of his own home.[34]]

Q&A May one lean on the walls?[35] Yes.   May a fridge or closet be used as a wall for the Sukkah, if it will be used during Sukkos?[36] Yes.   May one hang his hat and jacket on a piece of wood or nail sticking out from the walls or Sechach of the Sukkah?[37] Yes.   May one take off part of the Sechach or wall if he does not plan to use it until Sukkos concludes? See Halacha 15!

May one benefit and use the floor of the Sukkah?[38] Ground:[39] The ground itself may be benefited from and hence even if the Sukkah fell apart during Sukkos, or was dismanteled, one may use the ground space for other purposes.  Wooden floor: Some Poskim[40] rule that one may not benefit from the floor of the Sukkah if the floor was built for especially for the Sukkah, such as a wood floor. This applies even if one stipulated on using the floor from before the start of Sukkos. Rugs and mats:[41] If one placed rugs or floor mats in his Sukkah he may not remove them from there and use them elsewhere during Sukkos. However, if one stipulated on them before Sukkos then it suffices.   May one make use of the back of a pickup truck if it had a Sukkah built on it and then dismanteled during Sukkos? Some Poskim[42] write that if the Sukkah was built on the truck before the start of Sukkos then one may not make use of the back of the pickup truck throughout the days of Sukkos.

C. From when does the benefit prohibition against the Sechach and walls take effect?[43]

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 15^th]. However, prior to dwelling in it even one time for the sake of the Mitzvah, it does not have any holiness at all.[44] 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:[45] 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 years festival for the sake of the Mitzvah.[46]

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 ?? 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] See Admur 638:12 “Eight days of the festival”; Gloss on Admur 638:2; Michaber 638:1 “Eight days”

[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 notr ecieve 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; 1^st opinion in Rama 636:2 regaridng 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 638:2; Michaber 638:1; Rambam 6:15; Taz 630:1 in opinion of Rambam ibid

[16] Admur ibid; Michaber ibid; Rambam ibid

The reason: Now, although the walls of the Sukkah are not the main part of the Sukkah, nevertheless, since they have been designated for the Mitzvah of Sukkah the holiness of a Sukkah befalls upon the walls to make it forbidden in benefit just like it. [Admur ibid]

[17] See Admur 638:12 “Eight days of the festival”; Gloss on Admur 638:2; Michaber 638:1 “Eight days”

[18] Admur ibid; Rama 638:1

[19] 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 notr ecieve any Kedusha at all

[20] Admur ibid; Michaber ibid

[21] The reason: As although one only requires three walls for a Kosher Sukkah, nevertheless, if when one made four complete walls he did not express which wall would be part of the three required walls and which would be considered the extra wall that is erected for a mere Miutzvah Min Hamuvchar, then all the walls are considered designated for the Mitzvah of Sukkah, and receive its holiness [and are thus forbidden in benefit]. [Admur ibid]

[22] 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; M”A 638:1; 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]]

[23] Implication of Admur ibid in previous footnote; Biur Halacha 638:1 “Stam”; Kaf Hachaim 638:18

[24] Admur ibid; Michaber 638:1

The reason: As the fact that he first built the three walls which is the minimum requirement to Kasher the Sukkah and then built a fourth wall shows that his intent in this fourth wall is for the sake of a Mitzvah Min Hamuvchar, and hence this wall never becomes forbidden in benefit and it never receives the holiness of Sukkah upon it. [Admur ibid]

[25] Admur 638:12; M”A 638:1; Levush 636:2; Beitza 30b as explained by Rashi

[26] The reason: Although benefiting from the walls during Sukkos is only Rabbinically forbidden, nevertheless since they were designated for their Mitzvah of Sukkah, they recieve their Kedusha of Sukkah. It is not possible to make a stipulation to be allowed to use the walls even if they were to fall during the festival, as the stipulation only helps if one stipulates to use it during Bein Hashmashos of the first day of Sukkos. Now, it is not possible for one to stipulate on using the walls during Bein Hashmashos as one is unable to remove anything from the walls at this time due to the destroying prohibition of an Ohel on Yom Tov. Thus, inevitably the holiness of the Sukkah befalls onto the walls during Bein Hashmashos of Yom Tov of the first day befalls and this holiness never leaves for the rest of the days of Sukkos even if the Sukkah falls during the holiday. [Admur ibid]

[27] Admur ibid

[28] Admur 638:13; 518:8; M”A 638;

[29] Admur 638:14; 518:8; M”A 638; Rashal in Yam Shel Shlomo Beitza 4:3; Birkeiy Yosef 638:2

The law regaridng the Sechach: Seemingly, the Sechach was intentionally excluded from this allowance being that its Kedusha is Biblcial and hence one can never make a stipulation over it even if it is erected on Chol Hamoed. See Piskeiy Teshuvos 638:3 footnote 10 Vetzaruch Iyun!

The reason: Using it is not considered a belittlement of the Mitzvah being that the walls have not been at all designated for the Mitzvah, as due to the stipulation the holiness of the Sukkah has not befallen them. [Admur ibid]

[30] Admur 638:5; 628:6 Taz 638:3; 1^st opinion in Rama 636:2 regaridng smelling Besamim; M”B 638:4

Other opinions: Some Poskim rule that it is forbidden to benefit from the walls or Sechach even when stationary. [Oneg Yom Tov 49]

[31] 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]

[32] Admur 638:12

[33] The reason: As by doing so one is not revoking the holiness of the Sukkah. [Admur ibid]

[34] See P”M 638 M”Z 3

[35] M”B 638:4

[36] Shevet Hakehasi 4:170; Piskeiy Teshuvos 638:2

[37] Admur 638:5; M”B 638:4

[38] Piskeiy Teshuvos 638:1

[39] Igros Moshe 1:181

[40] Avnei Nezer 363; Igros Moshe ibid

[41] Igros Moshe ibid

[42] Piskeiy Teshuvos 638 footnote 2

[43] 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

[44] 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]

[45] Admur 638:16; M”A 638:2

[46] 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]

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