Chapter 14: Sukkos – Sukkos Chinuch & Katan Laws [1]
Sukkos is uniquely suited for the education of children, as its central mitzvos are visible, tangible, and experienced by the entire family together. Unlike many mitzvos that are performed only briefly, the mitzvah of dwelling in the sukkah accompanies a person throughout the duration of the festival, while the mitzvah of the Four Species (Daled Minim) is performed publicly and with great joy. As a result, Sukkos provides an exceptional opportunity to instill within children a love for mitzvos, an appreciation of Jewish tradition, and a sense of connection to Hashem.
The mitzvos of sukkah and Daled Minim are among the primary mitzvos in which children are educated from a young age. Chazal specifically discuss at what age a child should begin eating and sleeping in the sukkah and when he should begin fulfilling the mitzvah of the Four Species. Through participating in these mitzvos together with their parents and family, children develop lifelong memories and associations with the joy and holiness of Yom Tov.
- The Mitzvah of Dwelling in a Sukkah:[2]
- Mitzvah of Chinuch applicable to male children
Although children are Biblically exempt from [all Mitzvos, including the Mitzvah of] in the Sukkah until they reach 13 years of age[3], nevertheless, Rabbinically all [male] children who have reached the age of Chinuch are obligated in the Mitzvah of Sukkah dwelling [i.e. eating and sleeping[4]], in order to educate him in Mitzvah’s.[5] [Despite the above obligation, in some areas they are not accustomed to educate the children to eat in the Sukkah, seemingly due to the cold weather.[6]]
The definition of age of Chinuch:[7] A [male] child is defined to have reached the age of education, and becomes obligated in the mitzvah of Sukkah, when the child no longer needs his mother, which for a normal child is from after he reaches six years of age.[8] However, if the child is sharp and advanced to the point that he does not need his mother even after he has already reached five years of age, then he is obligated to be educated in the Mitzvah of Sukkah from that age and onwards.[9] However, so long as he still needs his mother, then just as his mother is exempt from the Mitzvah, so too he is exempt from the mitzvah even Rabbinically, being that he needs her [to assist him and provide him].[10]
- Who is obligated to educate the child – Father versus mother and others[11]
Although a child who no longer needs his mother is obligated in the mitzvah of Sukkah, nevertheless, if he eats and sleeps outside of the Sukkah, one is not obligated to protest against him and reprimand him with exception to his father.[12] It is the father’s obligation to educate his child to dwell in the Sukkah, and thus if he sees him not doing so, he must protest his actions and reprimand him until he enters into the Sukkah in order to educate him in Mitzvos. However, his mother is not obligated to educate the child in Mitzvah’s [and hence she does not have educate him to dwell in the Sukkah], just as is the rule regarding other people.[13] Furthermore, she may even present him a meal outside of the Sukkah for him to eat even if she knows for certain that he will not enter into the Sukkah to eat and will rather eat the food in the area that she served it, so long as she does not explicitly tell him to eat it outside the Sukkah [which is forbidden according to all].[14]
- Issur Sefiyah – Feeding a male child of Chinuch age outside the Sukkah[15]
It is forbidden even for the mother to explicitly tell her son of Chinuch age to eat outside the Sukkah. [Likewise, it is forbidden according to all for another person to tell a child who has reached the age of education for the mitzvah of Sukkah to eat outside of the Sukkah.] It goes without saying that it is forbidden for any person to place food in his actual mouth outside of the Sukkah.[16] This however only applies for a male child who has reached the age of Chinuch. However, for a female child, or a child who is below the age of Chinuch there is no restriction involved.
- Girls – Educating girls in the Mitzvah[17]
Women are exempt from the mitzvah of dwelling in the sukkah, as sukkah is a time-bound positive commandment. Accordingly, since women are exempt from the mitzvah of sukkah, there is likewise no obligation to educate girls in the mitzvah of sukkah. Thus, a father is not required to train his daughters to eat or dwell in the sukkah in the same way that he must educate his sons. Nonetheless, it is proper and customary for girls to participate in eating in the sukkah together with the family whenever practical, so that they too benefit from the sanctity of the sukkah and develop a connection to the mitzvos and atmosphere of Sukkos.
- Foods for Which a Child Must Be Educated to Eat in the Sukkah[18]
A child is only required to be educated to eat in the sukkah those foods for which an adult is likewise required to eat in the sukkah. Accordingly, once a child has reached the age of chinuch, he need only be trained to eat more than a kebeitzah [55gr] of bread or mezonos in the sukkah. However, foods and beverages that may be consumed outside the sukkah according to the strict letter of the law, such as fruits, vegetables, meat, fish, and ordinary drinks, a child is not required to be educated to eat in a sukkah.[19] Accordingly, there is no obligation to educate a child to consume these items specifically in the sukkah. Nevertheless, many families are accustomed to the heightened practice of men not eating or drinking anything outside the sukkah. In families that follow this custom, the age at which a child should be trained to observe it depends on the child’s age, maturity, understanding, and individual circumstances.
Indeed, parents should be careful not to create what may be termed “sukkah trauma.” The goal of chinuch is to instill a love for the mitzvah, not resentment toward it. Thus, if a child is extremely thirsty and there is no sukkah readily available, it is certainly incorrect to refuse him a drink on the grounds that it must be consumed in a sukkah. After all, there is no prohibition whatsoever, even for an adult, to drink outside the sukkah according to the letter of the law, and certainly not for a child. Parents should therefore apply customs and stringencies with wisdom and sensitivity, ensuring that children associate the mitzvah of sukkah with joy, warmth, and positive experiences.
First night:[20] On the first night of Sukkos, just as an adult is obligated to eat at least a kezayis of bread in the sukkah, a child who has reached the age of chinuch should likewise be educated to do so.
- Bracha of Leishev Basukkah:[21]
Just as adults recite the blessing of Leisheiv BaSukkah when required, children who have reached the age of chinuch should be educated to recite the blessing as well. However, foods and beverages that may be consumed outside the sukkah according to the strict letter of the law, such as fruits, vegetables, meat, fish, and ordinary drinks, since they may be eaten outside of the Sukkah children are to be educated not to recite a blessing of Leishev Basukkah prior to eating them.
- Sleep – Must a male child be educated to sleep in the Sukkah?[22]
Yes. Thus, a father is obligated to educate his child to sleep in the Sukkah.[23] If, however, it is cold outside, then there is no need to do so, and hence, based on this majority of children are not accustomed to sleep in the Sukkah.[24]
- Mitzta’er: A Child Who Is Uncomfortable in the Sukkah[25]
Just as an adult is exempt from the mitzvah of sukkah when he is classified as a mitzta’er (one who is experiencing significant discomfort or distress by remaining in the sukkah), so too a child is exempt from dwelling in the sukkah under such circumstances. Indeed, since the child’s obligation is only one of chinuch, it certainly does not exceed the obligation of an adult. Accordingly, whenever a child is genuinely uncomfortable in the sukkah to the extent that an adult would be exempt, the child is likewise exempt from eating or sleeping there. This includes cases where the weather is excessively cold, hot, windy, rainy, or otherwise uncomfortable. Thus, if a child is very cold in the sukkah and is distressed by eating or sleeping there, he should not be forced to remain in the sukkah.
Furthermore, parents should be careful not to turn the mitzvah of sukkah into an unpleasant experience. The purpose of chinuch is to instill a love and appreciation for the mitzvah, not to cause unnecessary suffering. Accordingly, when a child is genuinely distressed by being in the sukkah, he should be allowed to leave, just as an adult would be.
- Must one sleep in the Sukkah if he needs to care for children at home, such as a single father, or if his wife is away?[26]
He is exempt from sleeping in the Sukkah.
- May children even initially help to build the Sukkah?[27]
The building of a Sukkah is a fun activity, and great Mitzvah that many enjoy doing each year. Nonetheless, just as there are various laws associated with the validity of a Sukkah, so too regarding its construction. Only men are obligated in the Mitzvah of Sukkah, as opposed to women or children. This is like many other Mitzvas which men are obligated in, and women are exempt, such as Tzitzis and Tefillin. The question therefore arises as to whether children may help build the Sukkah, despite being exempt from the Mitzvah, or if perhaps the Sukkah must be built by those who are obligated in the Mitzvah for it to be valid. Now, although it is a clear ruling in the Talmud[28] and Poskim[29] that the Sukkah of a woman is valid, the question remains as to whether this is only after the fact, or if even initially, she may assist in building the Sukkah. Likewise, an additional issue raised specifically regarding a sukkah built by a child is whether it’s considered to have been built for the sake of shade being that the child is considered to not have Machshava. The following is the law:
Walls:[30] Children may help build the walls of the Sukkah, even initially.
Sechach: The poskim dispute whether a child may place the sechach on a sukkah. Some Poskim[31] rule that children[32] are not initially to place the Sechach on the Sukkah.[33] This applies even if an adult male Jew supervises them during the placing of the Sechach and tells them do it for the sake of the Mitzvah.[34] Other Poskim[35] rule even further that if a child placed the Sechach on the Sukkah, then the Sukkah is invalid.[36] However, other Poskim[37] rule that it is permitted even initially for children to place the Sechach. Practically, it is best to initially be stringent like the former opinion.[38] However, in the event that a child placed the Sechach on the Sukkah, the Sukkah is deemed valid and a blessing may be recited over it.[39]
|
Summary: Children may help build the walls of the Sukkah even initially, however, are not to initially place the Sechach over the Sukkah, and it is rather to be placed by an adult Jew who is obligated in the Mitzvah. Nonetheless, if they did so, the Sukkah remains valid.
|
Male children who have reached the age of Chinuch are obligated to be educated in the Mitzvah of Lulav. [The obligation of chinuch regarding Daled Minim applies not only on the first day of Sukkos when the Mitzvah is Biblical, but throughout all the days on which the mitzvah is observed. Accordingly, a child who has reached the age of chinuch should be trained to perform the mitzvah each day of Sukkos, in accordance with his age and ability.[42]]
The Age:[43] The age of Chinuch is from when the child knows how to shake the Lulav properly [in all its directions[44]].
Buying a set for one’s son versus using the fathers set:[45] The father is obligated to purchase a [Kosher[46]] set of Lulav for a child of this age. [Alternatively, rather than buy the child his own set, the child may shake his father Lulav daily, and on the first day of Sukkos, the father is to give his son the Lulav after the adults have fulfilled their obligation.[47] Nevertheless it is best to purchase the child his own personal set of Daled Minim in order so he can use the Lulav during Hallel[48], as well as to avoid the issue of “Lachem” on the first day (and second in Diaspora), as will be explained below. This especially applies if one’s children are above the age of Bar Mitzvah. Practically, due to financial reasons, the widespread custom is not to be particular to purchase a set of Daled Minim for children below the age of Bar Mitzvah.[49] However, one should be particular to do so for children above the age of Bar Mitzvah.[50]]
Children Below the Age of Chinuch:[51] A child who has not yet reached the age of chinuch is not required to perform the mitzvah of Daled Minim. Nevertheless, a parent may choose to accustom the child to the mitzvah even before he reaches the age of chinuch, including teaching him how to recite the blessing over the Four Species.
Girls:[52] The obligation of chinuch in the mitzvah of Daled Minim applies only to boys, as women are exempt from this time-bound positive commandment. Accordingly, there is no obligation to educate girls to shake the lulav. Nonetheless, since women have traditionally accepted upon themselves the performance of this mitzvah, it is customary to educate girls as well to shake the lulav and perform the mitzvah, even though there is no formal obligation to do so.
- How to Educate a Child in the Mitzvah[53]
A child who has reached the age of chinuch should be taught not only to shake the lulav, but also how to perform the mitzvah properly. Accordingly, he should be educated regarding the correct manner of holding the lulav and esrog, the proper procedure for reciting the blessing, and the customary shakings during Hallel and at other appropriate times.
Are children to perform Hoshanos around the Bima each day? Children who have a set of Lulav are to be educated to perform the Hoshanos daily. However, some are accustomed to abstaining from doing Hoshanos if they are not yet married.[54]
- The Validity of the Four Species[55]
Just as an adult fulfills the mitzvah only with a valid set of Daled Minim, so too a child’s fulfillment of the mitzvah for purposes of chinuch should be with a kosher set of Four Species. Nevertheless, there is no requirement to purchase a child a highly beautified (mehudar) set. Rather, it is sufficient that the Daled Minim be kosher according to the basic halachic requirements. This is enough to properly educate the child in the mitzvah.
- The First day/s – Giving the Daled Minim to a Katan/child:[56]
On the first day of Sukkos [in Eretz Yisrael, and the first two days of Sukkos in the Diaspora[57]], one is not to give his personal Daled Minim to any child, to fulfill the Mitzvah, prior to him [or other adults] fulfilling the Mitzvah.[58] This applies even if the child is above age 6-7 [so long as he is below the age of 13 for a boy and 12 for a girl].[59] However, some Poskim[60] rule that if the child has reached the age of Peutos [6-7 years old[61]] then one may give it to him as a present on condition to return. [Practically, we rule like the former opinion.[62] Thus, one must purchase a separate set of Daled Minim for his male children to shake.[63] Alternatively, on the first day in Eretz Yisrael, and on the second day in the Diaspora, one may give the child his personal Daled Minim if all the adults have already fulfilled the Mitzvah.[64] However, on the first day in the Diaspora one is not to give children his personal Daled Minim even after all the adults have already fulfilled the Mitzvah, as one must use his own set of Lulav also the next day.[65] Nonetheless, it is better to purchase a separate set for ones male children than to give it to them after everyone has fulfilled their obligation, as perhaps another adult will later need to use it.[66] Likewise, it is best to purchase the child his own personal set of Daled Minim in order so he can use the Lulav during Hallel.[67]]
If the child does not have his own set – Lending him the set:[68] If one does not have another Lulav available to give the children then he may give the children his personal Lulav as a borrowed item, and not as a present. Thus, he is not to say, “a present on condition to return”, as he does when giving it to adults. Nevertheless, some Poskim[69] rule that the child may not say a blessing on this shaking.
If one gave the child the set as a present: If one did give the child the Daled Minim as a present then no other adults may fulfill their obligation with this Lulav until the start of Chol Hamoed.[70] If one gave the child his Daled Minim without mentioning anything at all, and he also did not have anything in mind, then it is considered lent to the child and other adults may still fulfill their obligation with it even on the first days of Sukkos by having it given to them as a present.[71]
|
Q&A May a child give another child his Lulav and Esrog to shake?[72] Yes, if the child is above age 6.
|
- May one buy Daled Minim from a child?[73]
One may not purchase any of the Daled Minim for adult use on the first day of Sukkos [in Eretz Yisrael, and the first two days of Sukkos in the Diaspora[74]] from a child who is under Bar/Bas Mitzvah if the child personally owns the Daled Minim.[75] If one already shook Daled Minim that was purchased from a Katan, then on the first day of Sukkos [and second day in Diaspora[76]], one is to shake it again without a blessing.[77]
To use for Chol Hamoed: According to all opinions, one may purchase Daled Minim from a child of any age for the sake of using them on Chol Hamoed.[78] Thus, one may purchase extra sets of Aravos from children to use on Chol Hamoed.
Child selling on behalf of others:[79] The above limitation regarding the first days of Sukkos is only in a case that the child is the actual owner of the Daled Minim, such as he picked it from Hefker, received it as a present, or purchased it with his money. If, however, the child does not own the Daled Minim and is simply selling them on behalf of an adult, then one may even initially purchase it from a child of any age.
- Binding the Lulav
Child binding the Lulav of an adult:[80] Those who are meticulous bind the Lulav themselves.[81] A gentile, woman, or child are not initially to bind the Lulav of a man.[82]
Binding the Lulav of a Child:[83] Just as an adult’s lulav should be properly bound, so too it is proper to bind the lulav of a child who has reached the age of chinuch. Since the child is being educated to fulfill the mitzvah in its proper manner, he should be accustomed to using a lulav that is prepared and arranged according to halachah.
Binding the Lulav in Front of the Child:[84] The Shelah Hakadosh teached that whenever possible, a parent should perform mitzvos in the presence of his children in order to educate them and inspire them in mitzvah observance. Accordingly, it is proper for a father to bind his lulav in the presence of his child and explain what he is doing. This is especially relevant regarding the mitzvah of Daled Minim, as seeing the lulav being prepared and treated with care helps instill within the child a sense of importance and affection for the mitzvah. By observing his parents prepare, handle, and cherish the Daled Minim, the child learns not only how to perform the mitzvah, but also how to value and honor it. This practical demonstration is among the most effective forms of chinuch.
- May one carry the Daled Minim on Yom Tov on behalf of a child?[85]
Yes. It is certainly permitted to carry the Daled Minim on behalf of a child that has reached the age of Chinuch.[86] This applies even if one desires to carry the Daled Minim on behalf of girls.[87]
- Child Eating Before Taking the Daled Minim[88]
Unlike adults, who are restricted from eating before fulfilling the mitzvah of Daled Minim, children may eat before shaking the lulav and esrog. Accordingly, there is no obligation to withhold food from a child until after he has performed the mitzvah.
- Yom Tov Halachos
- Rejoicing:[89]
It is a Biblical command for one to rejoice, himself, his wife, his children and his entire household, throughout all days of Yom Tov, including Chol Hamoed. Men are obligated to drink wine [every day of Yom Tov and Chol Hamoed[90]] in order to fulfill their Mitzvah of Simcha. One who does not drink wine does not fulfill the command. In addition to drinking wine, there is also a [Biblical[91]] Mitzvah, to eat meat and other delicacies, although this is not an actual obligation.[92] [One who increases in eating other delicacies and doing other matters of joy is also considered to be fulfilling the Biblical command, although he is not obligated to do so.[93]] One is to give his children and other young members of his household [treats such as] nuts. [Today this can be fulfilled through giving children chocolate and other candies.[94]]
- Hoshanah Rabah
Is one to buy a set of Hashanos for each family member?[95] From the letter of the law, there is no requirement for every family member to perform Hoshanos. However, the widespread custom, as well as the Chabad custom, is to purchase a set of Hashanos for each family member, including one’s wife and even small children.[96] If the child is an infant and cannot hit the Aravos themselves, then the parent is to hit it on the floor on their behalf.
Hitting the children with the Aravos:[97] The custom of the Chabad Rabbeim [as well as that of Tunisian and Morrocan Jewry[98]] was to gently “whip” their sons with the Hoshanah branches. This included even their adult children. Children above age 18 received three light hits. Those below age 18 received one more “whip” than their age.[99] Possibly, this custom is relevant to be followed also by the public[100], although was not traditionally followed by Chabad Chassidim [other than the Rabbeim].[101] Upon doing so, one blesses the children that they should know of no more pain throughout the year, and they should have both physical and spiritual joy.[102]
- Simchas Torah:[103]
Bringing children to Shul:[104] One is to bring children, both male and female, for the sake of dancing by the Hakafos. The female children above age three are to be dressed modestly, as required.
Aliyah – Kol Hanearim:[105] It is a worldly custom that on Simchas Torah all the male children receive an Aliyah to the Torah.[106] This Aliyah is customarily known as Kol Hanearim.[107] [This Aliyah takes place by Chamishi, from the words Uledan Amar, until the portion of Meona Elokeiy Kedem which is the portion Chasan Torah.[108] It is customary for many children to go up together.[109] It is customary to spread a Tallis over the heads of the children during this Aliyah.[110]] It is likewise customary to recite the Parsha of Hamalach Hagoel [after the conclusion of the reading].[111] [Practically, the Chabad custom is not to spread a Tallis over the heads of the children during the Aliyah of Kol Hanearim. Likewise, it is not customary to read the verses of Hamalach Hagoel.[112] One is to have at least one adult above Bar Mitzvah called up together with the children for this Aliyah.[113] The adult is to say the blessings out load and have all the children listen and be Yotzei, rather than have all the children say the blessing themselves.[114] Nonetheless, some are accustomed to have all the children recite the blessings themselves.[115] The Chabad custom is to have the adult Olah recite the blessing on behalf of all the children who do not know to say it themselves.[116] Some are accustomed to bring their son with them for their personal Aliya rather than have the child go up for Kol Hanearim.[117] Interestingly, the Mittler Rebbe only agreed to receive an Aliyah once a year by Kol Hanearim from after the Alter Rebbe passed away.[118]]
- Hakhel:[119]
One of the unique mitzvos that specifically includes children is the mitzvah of Hakhel. The Torah commands that at Hakhel, the men, women, and children gather together to hear the Torah being read. Chazal explain: “The men come to learn, the women come to hear, and the children come in order to give reward to those who bring them.” The Rishonim explain that these children are not infants, but rather young children who are approaching the age of chinuch. They are brought so that they will hear, ask questions, and become accustomed to the fear of Heaven and Torah observance. Thus, even before they are obligated in mitzvos, they are exposed to the experience of Torah and holiness. Other authorities understand that the “children” referred to by the verse are specifically those who have not yet reached the age of chinuch, while the subsequent verse, which states that “their children shall hear and learn to fear Hashem,” refers to children who are already capable of education and understanding. According to this approach, even very young children are brought to Hakhel, primarily to reward those who bring them. The poskim further discuss whether the obligation to bring children to Hakhel rests specifically upon the father or whether it extends to the broader community as well. Another discussion concerns children who would be exempt from the mitzvah if they were adults, such as those with certain physical limitations. Some authorities maintain that such children are likewise exempt from Hakhel, while others rule that since the command of Hakhel specifically includes children, they must be brought even if, were they adults, they would be exempt. Hakhel thus demonstrates the central importance that the Torah places upon involving children in experiences of Torah and faith from the youngest age possible, even before they fully understand what is taking place.
[1] Chinuch Habanim Kehilchaso Chapters 99-102
[2] See Admur 640:3-4; Michaber 640:1-2; Sukkah 28a-b; Encyclopedia Talmudit Vol. 16 p. 177; Chinuch Habanim Kehilchaso 99:1-14
[3] Admur 640:3; Michaber 640:1; Tur 640:1; Mishneh Sukkah 28a
[4] See Admur 640:4
[5] Admur ibid; Michaber 640:2; Tur ibid; Gemara Sukkah 28b
[6] Aruch Hashulchan 640:2
[7] Admur 640:3; Michaber ibid; Mishneh Sukkah 28a
[8] Admur ibid; Michaber ibid “5 or 6 years old”; Tur ibid “6 and 7 years old; Rambam Sukkah 6:1; Eiruvin 82b; Taz 640:2; M”A 640:2; M”B 640:4; See Admur Hilchos Talmud Torah 1 Kuntrus Achron 1
The reason: The reason why if a child needs his mother, he is exempt from being educated is because his mother is exempt from eating in the Sukkah and therefore since he needs his mother, he therefore is also exempt from being educated. [Admur ibid; Admur ibid; Ran Sukkah 13a; Levush 640:2]
Other opinions: Some Poskim rule that a child is obligated to dwell in a Sukkah starting from five years of age if his father is in the city, and even if the child is not sharp and advanced. [Bach 640:1; Elya Raba 640:3; Bikureiy Yaakov 640:4; Beis Meir; Opinion in M”B 640:4; See Tur ibid; Kaf Hachaim 640:9; Omitted form Admur ibid]
[9] Admur ibid; Taz ibid; M”A ibid; M”B ibid
[10] Admur ibid; Ran Sukkah 13a; Levush 640:2
[11] Admur 640:4
[12] Admur ibid; See Admur 343:1
[13] Admur ibid; M”A 640:3
[14] Admur ibid; M”A 616:2
Other opinions: Some Poskim rule that if the father is not around, the mother must educate the child. [Elya Raba 640:4; Shaareiy Teshuvah 640:2; Bikureiy Yaakov 640:5; Aruch Hashulchan 640:2; M”B 640:5; Kaf Hachaim 640:11; See Terumas Hadeshen 94, brought in Beis Yosef 640] Likewise, some Poskim rule that and it is never proper for the mother to give the child food outside of the Sukkah. [Aruch Hashulchan ibid]
[15] Admur 640:4; M”A 616:2; Chinuch Habanim Kehilchaso 100:3-9
[16] M”A ibid; M”B 640:5; See P”M 640 A”A 3; Machatzis Hashekel 640:3
[17] Chinuch Habanim Kehilchaso 99:11
[18] Yeshuos Chochmah 135:15; Piskeiy Teshuvos 640:2; Chinuch Habanim Kehilchaso 100:13
[19] See Admur 639:1, 7, 11-12; Michaber 639:2; Kaf Hachaim 639:33-41; Piskeiy Teshuvos 639:8,9,12
[20] Chinuch Habanim Kehilchaso 100:10-11
[21] See Admur 639:13-16; Chinuch Habanim Kehilchaso 100:12
[22] See Piskeiy Teshuvos 640:2; Chinuch Habanim Kehilchaso 100:1-2; 9; 14
[23] See Admur 640:4
[24] See Aruch Hashulchan 640:2
[25] Chinuch Habanim Kehilchaso 100:14-21
[26] See Makor Chaim [of Chavos Yair] 639; Shevet Hakehasi 1:198; Piskeiy Teshuvos 640:3
[27] See Nitei Gavriel 25; Chinuch Habanim Kehilchaso 101:1-17
[28] Sukkah 8b “Ganbach Sukkah..Nashim…Mikol Makom Kesheira”
[29] Michaber 635:1
[30] Bikureiy Yaakov 635:2
[31] M”A 14:3; Bikureiy Yaakov 635:2; Chochmas Shlomo 14 and 635 that it is best to be stringent; Biur Halacha 14 “Lehatzrich Anashim”; Ruach Chaim; Kaf Hachaim 635:8; Binyan Shlomo 43; Shevet Halevi 1:166; Nitei Gavriel 25:1; So rule regarding Tzitzis: Second opinion in Admur 14:2; Rama 14/1; Hagahos Maimanis in name of Maharam; Rabbeinu Tam in Gittin 45b, brought in Taz 14/1 regarding women; M”A 14/3 and Admur add the same applies to children.
Other opinions: Some Poskim rule that women and children may even initially place the Schach on the Sukkah. [Avnei Nezer 475; Chochmas Shlomo ibid; Kesav Sofer 69; Igros Moshe 4:40-3; See First and Stam opinion in Admur ibid; Michaber 14:1; Tosafos Menachos 42a; Rosh Tzitzis 13]
[32] Poskim ibid; So rules regarding Tzitzis: Admur ibid and M”A 14/3 add that according to Rabbeinu Tam the same rule applies to children; Aruch Hashulchan 14/7; Kaf Hachaim 14/4; Conclusion of Biur Halacha 14 “Lehatzrich” in name of Peri Megadim and Derech Hachaim
Other opinions: Some Poskim rule that even according to Rama/Rabbeinu Tam it is permitted to have male children tie the Tzitzis, and only women were excluded. [Artzos Hachaim 14/1, brought in M”B 14/4; Kesav Sofer 1; Maharsham 8/7; Daas Torah 14; Meishiv Davar 1/47]
[33] The reason: As the Sukkah must be built by a person that is obligated in the Mitzvah. This is similar to the rule regarding Tefillin; that women are invalid to write Tefillin scrolls being that they are not obligated to wear them, as written in 39/1. The same would apply by Tzitzis, that since women are not obligated to wear Tzitzis therefore they are invalid to tie Tzitzis to the Tallis. [Admur ibid; M”A ibid; Rabbeinu Tam ibid] The same would apply by Sukkah, that since women are not obligated to dwell in a Sukkah, therefore they are invalid to build the Sukkah. [M”A 14:3; Bikureiy Yaakov 635:2; Chochmas Shlomo 635; Kaf Hachaim 635:8]
[34] So rule regarding Tzitzis: Admur ibid; Kuntrus Achron 14/1 based on M”A ibid
Other opinions: Some Poskim rule the Sukkah is valid if the woman or child were supervised and told to place the Schach for the sake of the Mitzvah. [Avnei Nezer 475; Nitei Gavriel 25:1 footnote 4 in name of Poskim]
[35] P”M 635 M”Z 1 leaves with Tzaruch Iyun; Sheilas Shalom 90
Other opinions: Some Poskim completely negate this issue of the child not having Machshava as this invalidation is only relevant in matters that require Lishma, however willpower to build the sukkah for shade certainly they have. [Avnei Nezer 475;Implication of all Poskim ibid in first opinion who omit any such issue]
[36] The reason: As a sukkah must be made for the purpose of providing valid shade (lishmah/shem tzel sukkah), and a child lacks the halachic status of valid intent (machshavah), he should not be the one to perform the act of s’chach. [P”M 635 M”Z 1 leaves with Tzaruch Iyun; Sheilas Shalom 90]
[37] Avnei Nezer 475; Chochmas Shlomo ibid; Kesav Sofer 69; Igros Moshe 4:40-3; See First and Stam opinion in Admur ibid; Michaber 14:1; Tosafos Menachos 42a; Rosh Tzitzis 13
[38] So rule regarding Tzitzis: Admur 14:2; Rama ibid; There Admur rules one is to initially avoid having women or children make Tzitzis being they are not obligated in the Mitzvha. This is the opinion of Rabbeinu Tam recorded in Rama 14:1 as explained in M”A 14:3. The M”A there concludes that this same law applies by all Mitzvahs including “Lulav and Sukkah”. So brings also Biur Halacha 14 “Lehatzrich Anashim” that it applies likewise to Sukkah; Bikurei Yaakov ibid; Shevet Halevi 1:165; Ashrei Haish Sukkah 32; Halichos Shlomo Sukkos 8 footnote 52
[39] Michaber 635:1; Sukkah 8b; Implication of Admur and Rama ibid; Chelkas Yoeiv 1 Tinyana 4; Chazon Ovadia Sukkos p. 65; Piskeiy Teshuvos 14 footnote 10; Nitei Gavriel 25:4
[40] See Chinuch Habanim Kehilchaso Chapters 103-106
[41] Michaber 657:1; See Piskeiy Teshuvos 657:1-2; Encyclopedia Talmudit Vol. 16 p. 178; Chinuch Habanim Kehilchaso 103:1-13
[42] Chinuch Habanim Kehilchaso 103:12
[43] Chinuch Habanim Kehilchaso 103:1-6
[44] M”B 657:2
[45] Michaber 657:1; See Chinuch Habanim Kehilchaso 103:13
[46] Biur Halacha 657:1 “Kdei”
[47] Rashal, and Tosafos Eiruchin 3b brought in M”B 657:4
[48] Taz 657:2; M”B ibid
[49] Aruch Hashulchan 657:2; Eitz Hasadeh 657:1
[50] Vayivarech David 79; Piskeiy Teshuvos ibid
[51] Chinuch Habanim Kehilchaso 103:5-6
[52] Chinuch Habanim Kehilchaso 103:25
[53] Chinuch Habanim Kehilchaso 103:7
[54] See Vayivarech Dovid 79; Piskeiy Teshuvos 657 footnote 4
[55] Biur Halacha 657:1 “Kdei”; Chinuch Habanim Kehilchaso 103:9
Must it be Mehudar? There is no obligation for the father to purchase a Mehudar set of Daled Minim on behalf of his child. [See Biur Halacha 675; Chanoch Lanar 25:2; Piskeiy Teshuvos 657:2] See regarding Chanukah lighting: M”A 677:8 “Possibly even according to our custom that every family member lights their own candles, a child is exempt from lighting”; M”B 677:13; Biur Halacha 675:3 “Uledidon”; Shiltei Giborim, brought in M”A ibid; Meiri; Kaf Hachaim 677:22; The M”A and Biur Halacha ibid bring opinions who argue on Rama and hold that even according to the Ashkenazi custom that all male household members light, nevertheless, there’s no obligation to educate a child in a matter of Hidur Mitzvah, and therefore he is not obligated to light. The M”B 675:14 concludes he is only required to light one candle.
[56] Michaber 658:6; Piskeiy Teshuvos 658:10; Chinuch Habanim Kehilchaso 103:14-21; 104:1-35
[57] P”M 658 A”A 8-9; Chayeh Adam 152:11; M”B 658:23; Piskeiy Teshuvos 658:10; See above Halacha 3B;
[58] Stam opinion in Michaber 658:6; Opinion of Rambam as explained in Bedek Habayis; Rebbe Zeira Sukkah 46b; See Kaf Hachaim 658:54
The reason: As a child Biblically acquires the present for himself but is unable to Biblically acquire it back to another. [Michaber ibid; Sukkah ibid]
[59] Stam opinion in Michaber 658:6; Opinion of Rambam as explained in Bedek Habayis; See Kaf Hachaim 658:59
[60] Yeish Mi Shemoer in Michaber ibid; Ran on Sukkah ibid
[61] Beis Yosef 658 in name of Ran; Levush 658; Mamar Mordechai 658:7; P”M 658 A”A 9; M”B 658:23; Kaf Hachaim 658:60
[62] Biur Halacha 558:6 “Lo Yitnenu” “It is obvious that one must be stringent like the first opinion, which is the Stam opinion”
[63] M”A 658:8; P”M 658 A”A 8; Bikurei Yaakov 658:18; Chayeh Adam 152:11; Igros Moshe 3:95 See Ketzos Hachoshen 241:4; Chanoch Lanaar 25
[64] Michaber ibid; Rashal, and Tosafos Eiruchin 3b brought in M”B 657:4
[65] M”B 658:23; Biur Halacha 649 “Pesulei”; Piskeiy Teshuvos 658:10
[66] Levush 658; Elya Raba 658:14; Kaf Hachaim 658:56; Igros Moshe 3:95; Piskeiy Teshuvos 657:1
[67] Taz 657:2; M”B 657:4
[68] Opinions brought in M”B 658:28; Ashel Avraham Butchach Tinyana 658; Orchos Rabbeinu 2:297; Piskeiy Teshuvos 658:10; Chinuch Habanim Kehilchaso 103:14-19
The reason: As one fulfills the Mitzvah of Chinuch even if the child does not fulfill the Biblical Mitzvah.
Other opinions: Some Poskim rule one does not fulfill any Chinuch obligation if the child does not own the set of Lulav. [M”A 658:8; P”M 658 A”A 8; Bikurei Yaakov 658:18; Chayeh Adam 152:11] See Bikureiy Yaakov ibid who writes that in the Diaspora it should be given to the child as a present on the first day after all the adults have shaken, with a Tnaiy that if today is Yom Tov then it is yours as a present, and if not, then not.
[69] Chayeh Adam 152:11
[70] Michaber ibid; Biur Halacha “Eino Muchzar”
[71] Chochmas Shlomo 658
[72] See Hiskashrus
[73] Ksav Sofer 128, brought in Biur Halacha 658:6 “Lo Yitnenu”; Kaf Hachaim 658:66; Minchas Yitzchak 5:65; Piskeiy Teshuvos 658:11; Chinuch Habanim Kehilchaso 106:1-14
[74] See P”M 658 A”A 8-9; Chayeh Adam 152:11; M”B 658:23
[75] The reason: As according to Tosafos, a child who purchases an item Biblically acquires it, and according to the Rambam and Stam opinion in Michaber 658:6 he cannot Biblically acquire it back to others. [Ksav Sofer ibid]
[76] Vetzaruch Iyun if one must reshake on the second day in the Diaspora. However, seemingly, based on the ruling of the Poskim ibid that even on the second day one should not give it to a child before others fulfill their obligation, seemingly, here too one should reshake. Vetzaruch Iyun!
[77] The reason: One must reshake it to suspect of the opinion of Tosafos ibid and Rambam ibid, however a blessing is not recited to suspect for the opinion of the Ran, and other Poskim who argue on Tosafos and rule he did not Biblically acquire it. [Ksav Sofer ibid]
[78] The reason: As on Chol Hamoed we do not require the Daled Minim to be owned by you, and hence the entire reason of in validation of purchase is irrelevant.
[79] Piskeiy Teshuvos 658:11
[80] Chinuch Habanim Kehilchaso 105:1-5
[81] Sefer Haminhagim p. 66 and footnote 10; See Maharsha Sukkah 45a; Yalkut Avraham
Other opinions: Some Poskim rule that it is specifically to be bound by another. [Ramban and Rashba on Sukkah 47a] The Poskim do not record this opinion. [Sefer Haminhagim ibid]
[82] M”A 649:8; Piskeiy Teshuvos 651:1
[83] Chinuch Habanim Kehilchaso 103:24; 105:6
[84] Shelah Shaar Haosiyos Derech Eretz 19; Reishis Chochma; Chinuch Habanim Kehilchaso 105:7
[85] See regarding Shofar: Admur 589:2 [regarding women who are completely exempt from the Mitzvah and certainly it would apply for children]; Igros Moshe 3:94; Az Nidbaru 13:38 [permitted even for female children]; Ketzei Hamateh 589:5 [“so is the custom”]; Piskeiy Teshuvos 518:4; 589:5; Chinuch Habanim Kehilchaso 105:8-11
Other Opinions: Some Poskim rule it is forbidden to carry a Shofar for the sake of a child, or for the sake of the blows in Musaf. Likewise, they rule one may not carry a Lulav for the sake of shaking it in Halel. [Shaagas Aryeh 108; Machazik Bracha 589:7; Shaareiy Teshuvah 589:1; Kaf Hachaim 589:30]
[86] As Admur 589:2 permits even regarding women who are completely exempt from the Mitzvah thus certainly it would be allowed for children that have reached the age of Chinuch and are hence Rabbinically obligated.
[87] Az Nidbaru 13:38
[88] Chinuch Habanim Kehilchaso 105:27-28
[89] Admur 529:6; 242:1 regarding eating on Yom Tov that it is Biblical due to the Mitzvah of Simcha.
[90] So is implied from Admur 529:6
[91] Admur 242:1 implies eating meat and other delicacies is Biblical and not a mere Mitzvah. See next footnote!
[92] Admur 242:1 writes plainly that there is a Biblical Mitzvah of Simcha in eating and drinking on Yom Tov, and only in the Kuntrus Acharon does he write “for example meat and wine”, hence clearly implying there is a Mitzvah with all delicacies. So is also implied from the concluding words of Admur 529:7 “we are to rejoice with all other forms of Simcha”. Now although Admur there states clearly that it is not an obligation but a mere Mitzvah, unlike what He wrote in 242:1, one can perhaps say that both rulings hold true without contradiction, as although one only fulfills his obligation of Simcha by drinking wine as writes Admur in 529:7, nevertheless when he eats meat and other delicacies he also fulfills the Biblical Mitzvah of Simcha, as he is merely increasing in the Mitzvah. In other words, the Mitzvah of Simcha begins with wine although extends as well to all other delicacies. Hence one who drinks wine can now extend and fulfill the Mitzvah with meat and all other delicacies and matters of Simcha. Vetzaruch Iyun.
[93] So is also implied from the concluding words of Admur 529:7 “we are to rejoice with all other forms of Simcha”.
[94] Beir Moshe 7:3
[95] See Piskeiy Teshuvos 664:3; Chinuch Habanim Kehilchaso 105:18-21
[96] Otzer Minhagei Chabad p. 334-336 and that so was custom of Rebbe Rashab and Rebbe Rayatz; The Rebbe prepared Hoshanos for the Rebbetzin; See Piskeiy Teshuvos ibid footnote 10 that so is the custom to prepare Hoshanos even for newborn children and it is based on an old custom found in Minhagei Wormz, and is similar to the custom today of Machatzis Hashekel and Kaparos
[97] Sefer Hasichos 5705 p. 52; Igros Kodesh Rayatz [in letter to his daughters and son in-law] 15:67 “B”H, Hoshanah Raba 5690, My daughter Chanah, Chayah Mushkah, Shayna, and my son in-law Menachem Mendel, my grandson Shalom Dovber, Today is Hoshanah Raba and the custom is that the father hits the children with the Aravos, and blesses them that they should not know of any more smites throughout the year, and be happy spiritually and physically. I am now after Davening, and I did in my room as if you my children were standing next to me”; Otzer Minhagei Chabad 238; Reshimos Hayoman p. 266
Source for custom in non-Chabad literature: Nahagu Yisrael end of last chapter; Alei Hadas [Minhagei Algeria] p. 543; Or Shivas Hayamim p. 54 as custom of Morrocan Jewry; Sefer Moadim Lesimcha p. 446
Source of Minhagei Simcha on Hoshanah Raba: Sukkah 4:7
[98] See Alei Hadas [Minhagei Algeria] p. 543; Or Shivas Hayamim p. 54
[99] Sefer Hasichos ibid
[100] Implication of Rebbe Rayatz in letter to Rebbe where he writes “Today Hoshanah Raba the custom is that the father hits the children with the Hoshanos.”; Now, in general, when a Chabad Rebbe states that the custom is to do such and such, it becomes a public directive, or at least a custom followed by the public, although there are exceptions to this rule. One could however potentially argue, that the above letter was referring to the Rebbe Rayatz’s personal custom and not that of all general fathers, and hence explain why in the public talk he specified it as a custom of the Beis Harav [even though on this latter point one can argue he was referring to all the details of the custom and not the general custom]. It also remains to be understood why none of this was mentioned in Sefer Haminhagim, not even as a custom of Beis Harav, and perhaps the reason for this is because it is not specifically a Chabad practice. Indeed, we find in the customs of Algerian and Moroccan Jewry, that the fathers would bring home their Aravos and likely hit their family members with it, wishing them a good year. Whatever the case, I see nothing wrong with people adapting this custom, and it is similar to many other customs that were followed on the last day of Sukkos for the sake of joy, as brought in the Mishnah in Sukkos.
Does this custom apply to both sons and daughters? It is unclear from the wording found in the above sources if the Hebrew term sons and children is intended to be exclusive or inclusive of daughters. Certainly, however, the concept applies to children of both genders, and indeed in the letter of the Rebbe Rayatz, he includes his daughters, son in-law, and grandson.
[101] Reply of Rav Eli Landa in correspondence that he had never witnessed or even heard of this custom being followed by us, that the father whips his child with the Aravos. [As can likely be assumed, his father, Rav Yaakov Landau OBM, did not follow this custom at home, despite having possibly witnessed it by the Rebbe Rashab who did so to his son the Rebbe Rayatz. This further emphasizes the idea that the above matter was a select custom of the Rabbeim and not a directive to the public. Although, once again, the wording in the letter speaks to the contrary.]
[102] Igros Kodesh ibid
[103] See Chinuch Habanim Kehilchaso 102:1-20
[104] Shaarei Rachamim 8:26; Piskeiy Teshuvos 669:1
[105] Rama 669:1; Sichas Leil Simchas Torah 5715, printed in Toras Menachem 13:55; Otzer Minhagei Chabad p. 380
[106] Rama ibid
[107] This follows the wording of the Rama ibid
[108] See Kinyan Torah 5:71 and Piskeiy Teshuvos 669:3 regarding if they accidently read until this point prior to the Aliyah of Kol Hanearim
[109] Shalmei Tzibur p. 293:3; M”B 669:12; Kaf Hachaim 669:4
[110] Rebbe ibid
[111] Rama ibid; Rebbe ibid
[112] Rebbe ibid in name of the Rebbe Rayatz
The reason: As the day of Simchas Torah is higher than this concept of spreading a Tallis and saying these verses. [Rebbe ibid]
[113] M”B 669:12 “Likewise when they call up a Gadol with the children for Kol Hanearim..”; However see Kaf Hachaim 669:4 in name of Shalmei Tzibur p. 293:3 who implies the children may go up on their own and say the blessing; See also Rama 669:1 that the custom is to call a Katan for even Chasan Torah!
[114] Shalmei Tzibur p. 293:3; M”B ibid; Kaf Hachaim 669:4
[115] See Kaf Hachaim ibid
[116] Sichas Yom Simchas Torah 5719 p. 146
[117] Kaf Hachaim 669:4; No mention is made in the Poskim that the children must go up together in one Aliya, and some are actually accustomed for each child to get their own Aliya.
[118] Beis Rebbe p. 2; Yimei Melech 3 p. 1045; Otzer Minhagei Chabad p. 382
[119] See Rambam Chagiga; Chagiga 3b; Encyclopedia Talmudit Erech Hakhel Vol. 10 p. 445; 16 p. 180