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Chapter 1: Building the Sukkah

“בסוכות תשבו שבעת ימים כל האזרח בישראל ישבו בסוכות למען ידעו דורתיכם כי בסוכות הושבתי את בני ישראל בהוציאי אותם מארץ מצרים, אני ה’ אלקיכם.” [ויקרא כג:מב]

1. The Mitzvah of building a Sukkah:[1]

It is a command in the Torah to dwell in a Sukkah throughout the seven days of the Sukkos Holiday. As a result of this command, we are required to build a Sukkah prior to Sukkos in order to fulfill the command when the time arrives, and it is thus considered a Mitzvah to do so.[2] Nonetheless, the building of the Sukkah is only considered a preparatory Mitzvah [i.e. Hechsher Mitzvah] as opposed to a Mitzvah with intrinsic value, as it is built simply for the purpose of later fulfilling the Mitzvah of dwelling in it during the holiday of Sukkos.[3] Accordingly, no blessing is recited upon building the Sukkah, in contrast to the ruling by other Mitzvos in which a blessing is said prior to its fulfillment, as explained next.

Saying a blessing:[4] One who builds a Sukkah does not recite a blessing upon building it. Meaning that a blessing of “Asher Kidishanu Bemitzvosav Vetzivanu Lasos Sukkah” is not recited, even though it is commonly recited upon the fulfillment of other Mitzvos.[5] This applies whether one builds a Sukkah for himself to dwell in it during the festival, or on behalf of others for them to dwell in it during the festival.

The blessing of Shehechiyanu:[6] Although from the letter of the law, the blessing of Shehechiyanu should be recited when building one’s Sukkah [if it is being built within 30 days of Sukkos[7]][8], practically, it is not recited during the building of the Sukkah but rather during Kiddush on the first night of Yom Tov which is recited inside the Sukkah, and covers both the general holiday and the mitzvah of Sukkah.[9] One fulfills his obligation of Shehechiyanu even when saying kiddush in a Sukkah that is not his [such as if he is a guest in someone’s Sukkah on the first night].[10] In the event that the blessing of Shehechiyanu by Kiddush was said outside the Sukkah, such as if one said Kiddush in his house, then the blessing of Shehechiyanu must be repeated upon the next time he eats a meal in the Sukkah, as will be explained in Chapter 11 Halacha 4.[11] [Bedieved, if one recited the blessing of Shehechiyanu upon building his Sukkah, then he fulfills his obligation.[12]]

The reason for why G-d commanded us to build a Sukkah:[13] The verse[14] states that we are to dwell in a Sukkah for seven days in order so our future generations remember that G-d settled the Jewish people in Sukkos when he took them out of Egypt. The term Sukkos here refers to the clouds of glory, which surrounded the Jewish people for the sake of giving them shade, so the heat and sun do not injure them.[15] Thus, as a replica of this event, G-d commanded us to [build and then] dwell in a Sukkah that is made for the purpose of providing shade in order so we recall the miracles and wonders [done for us in the desert, in which the clouds of glory surrounded us for shade, and served as a protection from the sun]. Therefore[16], when dwelling in the Sukkah, every person must have intent to do so in order to fulfill G-d’s command to dwell in the Sukkah in commemoration of the Exodus. See Chapter 3 Halacha 1-2!

Q&A Is everyone to have their own Sukkah?[17] From the letter of the law, there is no obligation for one to build his own Sukkah, if he has a neighbors Sukkah or publicly shared Sukkah available, in which he can dwell in throughout the duration of Sukkos. Nonetheless, if feasible, it is proper for each family to build their own Sukkah, just as each person has his own home. [In addition, it is quite difficult to properly fulfill the Mitzvah of dwelling in a Sukkah, in a Sukkah that one does not own, and hence it is proper for each person to have their own Sukkah in order to dwell in it properly.]   Is a Shul required to build a Sukkah?[18] It is customary for a Shul to have a Sukkah built near the premises of the Shul for the sake of guests to eat in it during Sukkos. [However, individuals who live in the city are not to rely on the Shul’s Sukkah, if they have the premises available to build one near their home.[19]]   Is one obligated to build a Sukkah far from his home if he has no room in or near his property to do so, and there are no neighboring Sukkos available in which he can eat in? One who does not have room in his property to build a Sukkah [i.e. no porch or backyard with space under the sky] is nevertheless required to build a Sukkah even a distance from his home, and dwell in it throughout Sukkos.[20] [Alternatively, if there are neighboring Sukkos available, one can dwell in another person’s Sukkah, rather than build his own Sukkah.] This comes to negate those who do not build a Sukkah, and do not dwell in any Sukkah over Sukkos, under the claim that they are only required to build a Sukkah near their home, and since they cannot do so therefore they are exempt.[21] [However, some Poskim[22] rule that we do not require one to move to a different city, or to a hotel, for the duration of Sukkos simply for the sake of being able to have a Sukkah nearby, and the matter is to be measured in accordance to the degree of effort that one would pursue to dwell in his own home.[23] Thus, if it is not possible for one to build a Sukkah within his city, such as due to robbers, then he is exempt from the Mitzvah and is not required to move from his city for the duration of Sukkos.]   What is one to do if the municipality prohibits him from building a Sukkah?[24] In such a case, he is exempt from building a Sukkah if they will forcibly take it down or give him a hefty fine or incarcerate him.   If one built a Sukkah during Chol Hamoed, is a new blessing of Shehechiyanu to be recited?[25] No, unless it is his first time eating in a Sukkah that Holiday.

Saying Lisheim Mitzvas Sukkah:[26] Some are accustomed to reciting Lisheim Mitzvas Sukkah upon placing on the Sechach.

2. When to build the Sukkah:

A. The ideal time:

Motzei Yom Kippur:[27] On Motzei Yom Kippur one begins building the Sukkah, [or at least talking about building it[28]], in order to leave one Mitzvah and enter to another Mitzvah.

To build the Sukkah the day after Yom Kippur:[29] It is a Mitzvah [if possible[30]] to [finish[31]] building the entire Sukkah the day after Yom Kippur, immediately after one leaves [and arrives home from] Shul.[32] [However, one should not compromise on the quality of the work simply in order to complete it by that day, and if he must delay the building until the next day/s for the sake of bettering its quality then it may be done.[33]]

Q&A May one build his Sukkah on Erev Sukkos or on Erev Shabbos before Sukkos?[34] Until midday: It is permitted even initially to build the Sukkah on Erev Shabbos, or Erev Sukkos, up until midday. Past midday-before Mincha Ketana: Some Poskim[35] rule that one may only build his Sukkah up until midday [i.e. Mincha Gedola] of Erev Shabbos and Erev Yom Tov. [Thus, in years that there is a Shabbos between Yom Kippur and Sukkos, one is to stop building his Sukkah by midday, and he is annually to make sure that his Sukkah is fully built by midday of Erev Sukkos.] However, other Poskim[36] rule that he may be lenient to continue building the Sukkah until Mincha Ketana, which is 2.5 hours before sunset. Practically, one is to initially try to have his Sukkah built by midday, although one who chooses may be lenient to do so up until Mincha Ketana.[37] Certainly, if on Erev Sukkos the Sukkah has not yet been built, it may be built even past midday. Past Mincha Ketana: It is forbidden to build the Sukkah past the time of Mincha Ketana on Erev Shabbos.[38] However, on Erev Sukkos, if it is already past 2.5 hours before sunset and one has still not built his Sukkah, it may still be built up until the start of Yom Tov.[39] It is permitted on Erev Shabbos to have the Sukkah built through a gentile even past the time of Mincha Ketana.[40] On Erev Shabbos before Sukkos, what takes precedence; preparing food for Shabbos or building the Sukkah?[41] On Erev Shabbos, one is to first busy himself with preparing the Shabbos foods, and only afterwards deal with the building of the Sukkah.

B. The law if one did not build it before Yom Tov:[42]

It is forbidden to build a Sukkah on Shabbos and Yom Tov due to the Biblical building prohibition.

Building a Sukkah on Chol Hamoed:[43] One who did not build a Sukkah before the Holiday is to build his Sukkah on Chol Hamoed and dwell in it. This applies whether one did not build his Sukkah due to negligence or due to no fault of his own.[44] This applies even at the end of the seventh day of Sukkas [i.e. Hoshana Rabbah], nevertheless he is obligated to build a Sukkah in order to dwell in the Sukkah for the remaining moments.

Q&A regarding Shabbos and Yom Tov If on Shabbos or Yom Tov the Sechach blew off due to wind, may it be replaced?[45] No. It is forbidden for a Jew to replace the Sechach on Shabbos or Yom Tov.[46] This applies even if only part of the Sechach blew off or folded over, nevertheless one may not spread it back onto the Sukkah [even with a Shinuiy].[47] [Likewise, seemingly one may also not place non-Kosher material over the now empty space for the sake of achieving Dofen Akuma and making the Sukkah valid.] However, [if there is no other Sukkah available[48] then] one may ask a gentile to replace the Sechach for him even if the entire Sukkah fell.[49]

If on Shabbos or Yom Tov the walls blew off due to wind and invalidated the Sukkah, may it be replaced? No.[50] It is likewise forbidden to ask a gentile to do so on one’s behalf.[51] If however, three walls still remain standing and thus the Sukkah remains valid, then it is permitted to place the fourth wall on with an irregularity [due to Muktzah].

3. Who may build the Sukkah-Sukkas Ganbach:[52]

A. The general law:

A Sukkah that was built by the people included in the Roshei Teivos [initials] of Ganbach, is valid, even though these people do not build their Sukkah for the purpose of the Mitzvah, but rather for shade. It is valid even if the Sukkah was entirely made by these people, including the Sechach. [However, Lechatchila, one is not to have a person listed in Ganbach place the Sechach on the Sukkah, as explained next regarding women and children.[53] If the Sukkah was built prior to thirty days before Sukkos, then part of the Sechach must be renewed before Sukkos, as explained in Halacha 12 regarding an old Sukkah.[54] Furthermore, some Poskim[55] rule that even if the Sukkah was built within 30 days before Sukkos by the above people, it should have part of it renewed according to the qualifications brought in Halacha 12D.[56] Nonetheless, this is a mere Mitzvah Min Hamuvchar and does not invalidate it from the letter of the law.[57]]

The word Ganbach stands for the following people:[58]

• Goyim/Gentiles
• Women
• Animals
• Kuti

B. May women or children even initially help to build the Sukkah?[59]

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 women and 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[60] and Poskim[61] 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. The following is the law:

Walls:[62] Women and children may help build the walls of the Sukkah, even initially.

Sechach: Some Poskim[63] rule that women and children[64] are not initially to place the Sechach on the Sukkah.[65] This applies even if an adult male Jew supervises them during the placing of the Schach and tells them do it for the sake of the Mitzvah.[66] Practically, it is best to initially be stringent like this opinion.[67] However, in the event that a woman or child placed the Sechach on the Sukkah, the Sukkah is deemed valid and a blessing may be recited over it.[68]

Summary: Women and 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. May a child above Bar Mitzvah place the Sechach on the Sukkah even though it is unknown if he has grown the signs of puberty? Yes.[69] However, some Poskim[70] are stringent even in such a case.

C. May a gentile even initially help build the Sukkah?

Walls: A gentile may help build the walls of the Sukkah.[71]  However some[72] write a gentile should not build even the walls of the Sukkah.

Sechach: A gentile is not initially to place the Sechach on the Sukkah.[73]  If he already did so, the Sukkah is Kosher.[74]

Q&A Should one personally build the Sukkah versus having someone else do so for him?[75] It is proper for one to personally place the Sechach onto the Sukkah [and help build the walls[76]] rather than have another person do so for him.[77] If for whatever reason a person cannot personally put up the Sechach, then he is to try to at least put some of it up, and then have an emissary do the remainder.[78] Some are particular to personally put up at least a 7×7 area of Sechach onto the Sukkah.[79] [The Rabbeim were not particular to personally build their Sukkah[80], although it is recalled that the Rebbe was particular to always place some Sechach onto his Sukkah. It is told that Reb Hillel Paritcher was particular to help build the walls of the Sukkah. The Noam Elimelech[81] explains that one is to personally toil to build the Sukkah in order to sanctify his limbs.]

4. Ownership of the Sukkah:

A. Must one dwell in the same Sukkah throughout Sukkas?[82]

One is not required to dwell within the same Sukkah throughout all seven days of Sukkos and he can thus leave his Sukkah and dwell in another Sukkah [whether of his own, or of a friend].

B. A borrowed Sukkah:[83]

One fulfills his obligation with a borrowed Sukkah.[84]

C. A Sukkah with joint ownership:[85]

One fulfills his obligation with a jointly owned Sukkah even if he enters it without the permission of his partner, [and he is thus not required to request permission from his partner in order to dwell in it].[86]

D. A stolen Sukkah:[87]

Ideally, one cannot fulfill his obligation with a stolen Sukkah.[88] However, this only refers to a specific type of stealing in which the items stolen Halachically enter the possession of the thief and is hence invalid for Sukkah being that he has taken full possession of the stolen Sukkah, and the Torah requires the Sukkah to not be one’s personal stolen property. However, there are forms of stealing in which the item stolen does not Halachically enter the possession of the thief, and hence it does not invalidate the Sukkah Bedieved, [even though he transgresses the stealing prohibition and is initially invalid due to it not being really his[89]].[90] The following are the details of this matter.

One who seized another’s property which contains a Sukkah:[91] If a Jew built his Sukkah [in his property], and then his friend came along and forcibly removed him from his Sukkah and stole it and dwelled in it, he nevertheless Bedieved[92] fulfills his obligation.[93] However, although he fulfills his obligation, nevertheless he may not say a blessing [i.e. lesheiv basukkah] over it.[94]

Stole wood or other parts and built a Sukkah from it:[95] If one stole wood and used it as Sechach [or as one of the obligatory walls[96]] for his Sukkah, the Sukkah is invalid unless he pays the owner for the cost of the wood, in which case he may even initially dwell in this Sukkah. The Sages established that he is not required to destroy his Sukkah and give the actual wood back to the original owner even if the owner demands it back and does not desire the money in return. This applies even if the Sechach is simply resting on the Sukkah and has not been attached or changed in its form in any way, and thus technically remains in the possession of the original owner, nevertheless the Sages established that giving him money suffices. However, if the robber refuses to even pay for the cost of the wood[97], then he does not fulfill his obligation with this Sukkah [even if he plans to return the wood after the holiday[98]], being that it is a stolen Sukkah. [The same applies that he may use any stolen parts for the Sukkah, including nails and beams to hold up the Sechach, and thus one may not make use of these items without asking explicit permission from the owner.[99]]

Stole a mobile Sukkah:[100] If one stole a mobile Sukkah which is not attached to the ground, such as a Sukkah which is built on a wagon [car] or ship, he does not fulfill his obligation with it even if he desires to pay its worth to the original owner.

Q&A May one purchase Sechach branches from street sellers? Some Poskim[101] write that one should not do so unless he knows for certain that they were cut with permission of the owners. What is one to do if he accidentally took someone else’s Sechach or Sukkah boards/supports and used it to build his Sukkah? He is to ask them for permission to use it before Sukkos or offer to purchase him new ones. There is no need to replace the Sechach back onto the Sukkah due to Taaseh Velo Min Hassuiy.[102]

E. May one enter someone else’s Sukkah without permission?[103]

Initially, one may not enter into another person’s Sukkah without permission [of the owner, or his wife[104]] even if he does not intend to steal it from him, if the person is currently in his Sukkah.[105] However, it is even initially permitted to enter his Sukkah while the owner [or family members] is not there [unless the Sukkah contains expensive items which the owner may be particular in that other people do not use without his permission[106]].[107] [Likewise, one may not enter the persons home without permission to use his Sukkah even if no one is there.[108]] Bedieved, if one dwelled in another’s Sukkah without permission while the owner is there, he nevertheless fulfills his obligation, [as explained above in D regarding one who stole property with a Sukkah].

5. Where is the Sukkah to be built

A. May one build a Sukkah in someone else’s property without permission?[109]

Initially, one may not build a Sukkah in someone else’s property without their permission.[110] [This applies even if the person will not be present there throughout Sukkos.[111] Thus, if a neighbor is leaving town, one may not use their property to build one’s Sukkah without explicit permission.]

Q&A May one build a Sukkah in his own property if it will infringe on the rights of other neighbors, such as if it blocks their sun and the like?[112] No, unless the neighbors do not mind. If one did so without consent of the neighbors, then one may not say a blessing on such a Sukkah. Must one receive legal permission from the municipality to build his Sukkah?[113] No. A Sukkah built in one’s property remains Kosher even if the municipality does not authorize him to build it there.

B. May one build a Sukkah in a public property?[114]

Initially, one may not build a Sukkah on public property, such as on a city street or sidewalk and the like of places that people pass by. This applies even if the entire city is of Jewish population and certainly the Jews do not mind one building his Sukkah there.[115] One is therefore to protest against anyone who makes a Sukkah on public property. Nevertheless, Bedieved[116] if one built a Sukkah in public property, he fulfills his obligation. [However, some Poskim[117] rule one may even initially build a Sukkah in a public property and say a blessing, and that so is the custom.[118] This especially applies if one has received permission from the city municipality.[119] However, this only applies if the Sukkah does not disturb the passersby.[120] Practically, those who follow the rulings of Admur are to initially be stringent, unless they have nowhere else to build their Sukkah and the municipality does not mind and they are not in the way of the public passersby.]

May one say a blessing in such a Sukkah:[121] If one transgressed and built a Sukkah in a public property although he fulfills his obligation nevertheless, he may not say a blessing “Lesheiv Basukkah.”[122]

Q&A May one build a Sukkah in a public area that people do not pass by, such as a forest or field?[123] Yes, as the restriction only applies to an area that is actively used by the public to walk through. If one does not have a permit to build on his property, may one build a Sukkah there?[124] Yes. If the city municipality gave permission for one to build his Sukkah in public property, may one do so?[125] Yes.   May one build his Sukkah on the sidewalk?[126] No. One may not do so as it blocks the space of the passersby. May one build the Sukkah in the public area that is directly in front of his house? Some Poskim[127] rule that one may do so for up until four Amos in front of his home, as it is considered his property. [Vetzaruch Iyun if this would apply even to a sidewalk.] May one build a Sukkah in the joint property of an apartment complex, such as in the parking lot, or garden/courtyard? One may only do so if he receives permission from the building management, and/or[128] the occupants of the building. This applies even if one owns an apartment or lives in the complex.

C. A Sukkah on a ship or car:[129]

A Sukkah which is built on ship or car is valid so long as it [i.e. the wall and Sechach[130]] is strong enough to withstand a common wind on dry land. If it is sturdy enough to withstand the wind on dry land, then it is valid even if it cannot stand in the face of a common wind of the sea. The Sukkah remains valid even when the ship or car is moving.

Q&A Must the Sechach be secured to the Sukkah to the point that a common wind cannot take it down?[131] Yes. Thus, if one has a light mat which he is using for Sechach it must be secured with rope, so it does not blow away with the wind. Is a Sukkah-mobile valid?[132] A Sukkah that is attached to the back of a pick-up truck is valid[133] so long as a normal wind cannot blow off the walls or the Sechach. Such a Sukkah is valid even when the car is moving[134] and even if it does not have a floor attached to it.[135] May one place Sechach over a sunroof and eat under it? See Chapter 2 Halacha 6! Is a mobile Sukkah valid? See Chapter 2 Halacha 6!

D. May one make a Sukkah on a tree or animal?[136]

A Sukkah that is made on a tree or animal is valid, although one may not dwell in it on Shabbos or Yom Tov.[137] It is forbidden to enter the Sukkah on Shabbos or Yom Tov whether one builds the actual Sukkah, with its floor and walls, on top of the tree and rests the Sechach on top of the Sukkah walls, or build the Sukkah on the ground and simply uses the branches of the tree which are still attached to the tree to help support the Sechach.[138] Nonetheless, in the latter case, in today’s times one may be lenient to permit entering into it even on Shabbos and Yom Tov.[139] However, initially, one may not use the branches of the tree which are still attached to the tree, to support the Sechach.[140]

E. Building Sukkah over a lawn:[141]

One who waters seeds in order so they grow is liable for the plowing and planting prohibition.[142] Therefore, it is forbidden to pour liquid over grass, plants, [trees[143]] and the like. Due to this reason, when eating outside over a lawn which contains grass, plants, or trees, one must beware not to spill or pour water over it. [Hence, one should not build his Sukkah over a lawn, as it is exceedingly difficult to avoid any spillage. If necessary, one should cover the lawn with a makeshift floor.]

F. Building Sukkah in an area with a bad odor:

It is initially forbidden to build a Sukkah in an area that contains a bad odor.[144] Furthermore, even Bedieved he is not Yotzei if he builds his Sukkah in such a place, and it makes his living there to be unbearable.[145]

Q&A May one build a Sukkah in an area with a bad smell, such as near sewage? No, as stated above.   May one build a Sukkah in an area that used to be a bathroom?[146] Modern bathrooms which contain piping and sewage system may be taken apart [i.e. remove toilet and ceiling] and well cleaned to be used as a Sukkah.   May a Sukkah share a wall with a bathroom?[147] Yes, so long as there is no bad odor that penetrates the Sukkah as a result.   May one build a Sukkah in an area that contains sewage pipes that will be inside the Sukkah?[148] Yes, so long as there is no bad odor that penetrates the Sukkah as a result. However, if the pipes are made of plastic, then it is proper to cover them properly in order to be allowed to recite Devarim Shebekidusha according to all.[149]

 

G. Building a Sukkah inside one’s home, such as if it contains a removable roofing:

See Chapter 2 Halacha 9!

Building a Sukkah in one’s kitchen that contains a removable roofing:[150] One may not build a Sukkah inside of a kitchen that contains a removable roof, being that one is not allowed to leave dirty pots and dishes in a Sukkah, as explained in Chapter 3 Halacha 8C. However, if the area above the sinks etc is not part of the Sukkah at all, neither its walls nor Sechach, then it may be done. Building a Sukkah on a roof:[151] One who builds a Sukkah on a roof is required to build a fence around the roof.

6. The dimensions of the Sukkah:

A. The height:

Minimum height:[152] The Sukkah must have minimum height of 10 Tefachim [82 cm.[153]]. If its height is less than ten Tefach high, it is invalid. The height is measured from the floor of the Sukkah until the Sechach. Even if decorations hang within the ten Tefach space of the Sukkah, it remains valid.[154]

Maximum height:[155] The maximum permitted height that a Sukkah may have is 20 Amos [940 cm.[156]]. This applies irrelevant of the size of the Sukkah, whether it is large or small. This height is measured from the floor of the Sukkah until the Sechach.[157] This applies whether or not the walls of the Sukkah reach the Sechach. If there is more than 20 Amos between the floor and the Sechach, then it is invalid. If there is exactly twenty Amos, then it is valid. If the Sechach is above twenty Amos from the floor, but under the Sechach there is only twenty Amos of space between it and the floor [i.e. the Sechach is in the 21st Ama], then it is valid.

B. The length/width:[158]

A Sukkah must have the minimum size of seven-by-seven Tefachim [57.2 x 57.2 cm[159], throughout a height of ten Tefachim from the ground[160], within the inside space of the Sukkah without including the walls[161]].[162] If it does not have this minimum size, it is invalid. [The Sukkah must be at least seven Tefachim both in width and length. If it is less than seven Tefachim in either length or width, then even if it contains a total space of 7 square Tefach, it is invalid. For example, a Sukkah that is 20 Tefach by 6 Tefach is invalid.[163]] A round Sukkah must contain the above square dimension within its circle.[164] As stated above, the 7×7 Tefachim is measured from the inside space of the Sukkah, and hence if one placed sheets or [pictures] or any other item on the wall of the Sukkah for the sake of decorating it, then it diminishes it from its inside space and if there will be less than 7×7 Tefachim inside the Sukkah due to it then it is invalid.[165]

Not enough space to sleep properly:[166] If one’s Sukkah is very small to the point that it is difficult for him to sleep comfortably while inside, such as if he is unable to stretch his arms and legs and must sleep in a fetal position with his arms and legs bent inward, the Sukkah nonetheless remains valid.[167]

Maximum size:[168] There is no maximum size for the Sukkah [and hence even if it is 1000×1000 Amos it is Kosher].

How to calculate the dimension if there are areas of the Sukkah that don’t contain Sechach: See Chapter 2 Halacha 2C regarding if it contains empty space, and Halacha 11 regarding if it contains invalid Sechach.

Corner areas and rooms in a Sukkah [see illustration]:[169] A Sukkah that contains an extension area [i.e. “corner” in Halacha] that is less than 7×7 Tefachim, then that extension are is invalid, and does not join the rest of the Sukkah. [If either the length or width of the extension area is less than 7 Tefachim, it is invalid.[170] However, one may be lenient to have one’s table situated in the area of this extension, even if it is less than 7×7.[171] Likewise, rooms that are separated with Mechitzos are invalid if they contain a dimension that is less than 7×7 Tefachim.[172] Thus, not only must the entire Sukkah be 7×7 Tefachim, but any area of the Sukkah that is separate from the other areas must also contain a dimension of 7×7 Tefachim.]

Dimensions of Sechach and roof of Sukkah-A Teepee shaped Sukkah, portable Sukkah, and car sunroof Sukkah?[173] The Sukkah must maintain a minimum dimension of 7×7 Tefachim throughout its height of ten Tefachim from the ground.[174] [However, past the height of ten Tefachim from the ground it is not necessary for it to maintain a 7×7 Tefachim dimension. Thus, technically, there is no requirement for there to be a 7×7 dimensions of Kosher Sechach on top of the Sukkah, so long as there is a 7×7 dimension of space inside the Sukkah for a height of ten Tefachim.] Accordingly, a teepee shaped Sukkah is Kosher even though its roof does not contain a space of 7×7 Tefachim, so long as there is a space of 7×7 Tefachim within a ten Tefachim height of the Sukkah when measuring from the ground.[175] Nonetheless, even by a teepee shaped Sukkah, there must be a minimum of a Tefach square of Sechach on its roof, or it must be lifted a Tefach from the ground.[176] In addition, in all cases, its walls must be made of material which is Kosher for Sechah being that the walls serve as part of the Kosher Sechach.[177] The above is all regarding a teepee shaped Sukkah, however by a regular Sukkah one must always maintain a 4×4 dimension of Kosher Sechach, and in all cases there must be enough Kosher Sechach to provide majority shade for the Sukkah to be Kosher.[178] Furthermore, even if one has a 4×4 dimension of Kosher Sechach it is only valid if there is less than 3×3 Tefach of empty space or non-Kosher Sechach material on the roof next to the 4×4 area of Kosher Sechach, otherwise it is invalid until there is a space of 7×7 of Kosher Sechach.[179] [In other words, there must be a roof of 7×7 Tefachim for the Sukkah to be Kosher, although from amongst that space, it is not required for that entire space to be made up of Kosher Sechach, and rather so long as it contains less than 3 Tefachim of non-Kosher Sechach in that space it is valid.[180] From here we can also learn the law regarding a portable travel Sukkah which is made in a slant, that it is not required to contain 7×7 Tefach dimension by its top, so long as it has this dimension for a height of ten Tefachim from the ground. However, it is only valid in such a case if the wall material of the portable Sukkah is made of material that is Kosher for Sechach, which is usually not the case, and it is hence invalid. Thus, one cannot turn a portable shower travel unit into a Sukkah by placing Sechach on its opening if the roof area is less than 7×7 Tefachim. If, however, the roof area is 7×7 Tefachim or more, and the window opens to a space of more than 4×4 Tefachim for the Kosher Sechach to be placed, and there isn’t 3×3 dimension of non-Kosher Sechach material[181], then it is valid. From this ruling we can also understand the law regarding if one can turn his car into a Sukkah by opening the sunroof and placing Sechach on top of it. Most sunroofs of cars [excluding convertibles] do not have a dimension of 7×7 Tefachim, with it usually being less than 7 Tefachim in one direction, and also do have more than 3×3 Tefachim[182] [and even more than 4×4 Tefachim[183]] of car roof on the front and back of the sunroof. Thus, it is invalid to make a Sukkah out of a car by placing Sechach on the sunroof window when open.] See Chapter 2 Halacha 6 for the full details of this Halacha!

Summary: The minimum dimension of a Sukkah is 57.2 x 57.2 centimeters with a minimum height of 82 centimeters, and a maximum height of 938 cm from the floor to the Sechach. Q&A May one put up a Mechitza in a Sukkah?[184] A Mechitza may only be set up in a Sukkah if it leaves a dimension of 7×7 Tefachim on each side of the Mechitza, otherwise that area that contains less than 7×7 Tefachim becomes invalidated. Thus, when setting up Mechitzos in a Sukkah to separate between men and women, or to separate between diners in a restaurant or hotel, or to separate between people in quarantine, then one must make sure to leave a space of 7×7 Tefachim within each Mechitza. May one sit near the inside edge of a round Sukkah?[185] Yes. If there is furniture or appliances in the Sukkah, does it diminish from the 7×7 dimension?[186] Yes. Thus, one must beware that there remains a 7×7 Tefach free space in the Sukkah even after all the furniture and appliances are entered.

7. The Sukkah walls:

A. How many walls must a Sukkah have?

The letter of the law:[187] From the letter of the law, it suffices to have two full[188] walls with a third wall using the rule of Lavud and Tzuras Pesach. This means that one is not required to have a full third wall but rather can have a partial full wall, and following the rules of Lavud and Tzuras Pesach, it is considered a full third wall. The exact details of how this Lavud wall is accomplished will be explained in D.[189]

The custom: It is a Mitzvah Min Hamuvchar to have a four walled Sukkah[190] [that does not contain any opening other than the door[191]] and so is the custom.[192] At the very least, one should try to have three complete walls.[193]

Complete walls versus walls with breaches: It is customary to make complete walls rather than walls that contain breaches.[194] If one is unable to make four complete walls then it is better to make three complete walls and have one side be open without a wall than to make four walls with breaches.[195] Nevertheless, in such a case, it is customary to make a Tzuras Pesach by the fourth wall, as explained next.

Making Tzuras Pesach by fourth wall:[196] By a three walled Sukkah, it is customary to make a Tzuras Pesach by the fourth wall for beauty purposes.

According to the custom of building four walls, can one use the rule of Lavud for these walls?[197] According to the custom, one is to make four complete walls without resorting to the rule of Lavud. However, from the letter of the law, it suffices even if all four walls are Lavud, as will be explained in Halacha E. If on Shabbos or Yom Tov the walls blew off due to wind and invalidated the Sukkah, may it be replaced? No. See Halacha 2B in Q&A!

B. The criteria for a valid wall:

A wall is only considered a valid wall if the following conditions are fulfilled:

1. Stationary walls:[198] Walls that are mobile and are able to move from under the Sukkah and cause the Sechach to fall to the ground, are invalid. Thus, it is invalid to make a Sukkah by resting Sechach over the back of three animals [in three different directions], such as three camels, being that the moment that the camels move the Sechach will fall to the ground. However, a mobile Sukkah [in which the entire Sukkah is able to be moved with its walls and Sechach together], such as if one built a Sukkah on a camel’s back, remains valid. [Thus, a Sukkah mobile is valid being that the entire Sukkah moves with the car and is similar to a Sukkah built on the back of a camel, as explained in Halacha 5C. Furthermore, seemingly is it permitted to place Sechach over the roofs of three cars, being that when the cars are parked, they are considered stationary, and is like any other wall that could be picked up by a human and moved.]
2. Does not move with wind:[199] A wall is only defined as a wall if it is unable to move with a common wind. If a common wind can blow the wall, as is the case with sheet walls, then it is invalid. [If the wind can move it even slightly back and forth then it is invalid, even if the wind is unable to make it fall completely to the ground.[200] Some Poskim[201] interpret this to mean as follows: If the common wind can blow the sheet walls a distance of three Tefachim in a way that it invalidates the wall, then it is invalid. For example, if it can blow it three Tefachim upwards from the ground, or three Tefachim away from the Sechach, or that it creates a stomach of three Tefachim deep in a way that it does not contain ten Tefachim of wall within three Tefachim of width, then it is invalid even when the wind does not blow.]
3. Is height of 10 Tefach:[202] A wall is only defined as a wall if its height reaches ten Tefach [82 cm.[203]] from the ground. If the wall’s height reaches below ten Tefach from the ground it is invalid. If the wall reaches ten Tefach from the ground but is elevated from the ground, then if it is within three Tefach from the ground and reaches to ten Tefach from the ground, it is valid.[204] Thus ideally one can have a wall which is 7.1 Tefach tall and place it 2.9 Tefach from the ground and it is valid. Once the wall contains a ten Tefach height, it is valid even if it is a great vertical distance from the Sechach, [so long as the Sechach rests within 20 Amos from the ground].[205] It is valid even if it does not rest directly under the Sechach but is within three Tefachim from it.[206] If, however, it is past three Tefachim from the Sechach, then it is invalid.
4. Is within three Tefach from ground:[207] The wall must be within three Tefach from the ground. Even if the wall is very high, if it is not placed within three Tefach from the ground, it is invalid.
5. Is within three horizontal Tefach from Sechach [see illustration]:[208] The wall must be within three [horizontal] Tefach of the Sechach for it to be validated as a wall for that Sechach.[209] [See illustration below. See Chapter 2 Halacha 3B regarding the full details of how a Sukkah and its walls can become invalid if it contains three Tefachim of empty space.] This however only applies if there is empty space between the wall and the Sechach. If, however, there is invalid Sechach in the area, then it is valid within 4 Amos, as explained next.
6. Dofen Akuma-Is within 4 Amos of Kosher Sechach if there is non-Kosher Sechach in between:[210] If the wall is adjacent to invalid Sechach, then if it is within 4 Amos [188. cm[211]] of the Kosher Sechach [i.e. the non-Kosher sechach takes up a space of less than 4 Amos], then the Sukkah remains Kosher as we apply the rule of Dofen Akuma. If the non-Kosher Sechach is more than 4 Amos wide and thus the wall is more than a four Ama distance from the Kosher Sechach, then the wall that is adjacent to the invalid Sechach is considered non-existent and can possibly invalidate the entire Sukkah if the Kosher Sechach will not remain with 3 Kosher walls. [The law of Dofen Akuma applies from all directions of the Sukkah, and hence it is possible to have less than 4 Amos of Sechach surrounding the Kosher Sechach from all 4 directions and the Sukkah still remain valid.[212] It is disputed amongst Poskim[213] whether the rule of Dofen Akum applies even if the wall of the Sukkah does not reach the invalid Sechach, and we thus must also apply the rule of Gud Asik. Practically, if the wall reaches within three Tefachim of the invalid Sechach then we apply the rule of Gud Asik and Dofen Akuma, and it remains valid.[214]]

How many walls must fulfill these conditions: At least two of the Sukkah walls must meet the above requirements while a third wall is to meet the requirements of Lavud, as explained in D. Any wall that does not meet the above requirements, are invalid.

May a sliding or removable door count as one of the three Halachically required walls?[215] Yes, a sliding door may be used as one of the three minimum required walls of a Sukkah, however the Sukkah is only Kosher when the door is closed, or if a wall of 57.2 centimeters [or of Lavud] remains within that side of the Sukkah even when the door is open. [Thus, if the other side of the sliding door is always closed, and is also part of the Sukkah, within the space of the Sechach, then the door is valid as a wall, as one only requires 57 centimeters for a valid wall.] If the other side of the sliding door is not part of the Sukkah, then the Sukkah is only Kosher when the door is closed, and when the door is opened, the Sukkah is considered to have lost its wall and is considered invalid. Furthermore, at the initial time that the Sechach is erected, the doors must be closed. However, once erected properly, it is permitted later on to open and close this door, even though it nullifies the Sukkah at the time of its opening. One must note that on Shabbos and Yom Tov it would remain forbidden to open and close this door, being it is invalidated when opened, and then re-validated when closed.[216] See Halacha 8!

 C. The length of the walls:

Minimum length:[217] The minimum size of a Sukkah is seven by seven Tefachim [57.2 x 57.2 cm], as explained in Halacha 6B. Thus, technically one should be required to have three walls which are each seven Tefach long. However, using the Biblical rules of Lavud, at times it suffices to have only two walls of 7 Tefach as explained in Halacha D, and at times even only one wall of 7 Tefach. This can be accomplished in the following way:[218] One has a single wall which is seven Tefach long, with another wall of 4 Tefach horizontal to it, within 3 Tefach from the end of the 7 Tefach wall. The third wall can then be made with Lavud and Tzuras Hapesach. Thus, it is possible to make a Sukkah with only one wall of seven Tefach. However, it is never possible to make two out of the three walls less than 4 Tefachim using the rules of Lavud and Tzuras Pesach.[219] Nevertheless, as stated above in Halacha A, the custom is to make three/four complete walls without resorting to the rules of Lavud.

Maximum length: There is no maximum size for the Sukkah, and hence there is no maximum size for a wall.

D. Must the walls attach to each other and must they extend throughout the entire inside of the Sukkah, under the Sechach [see illustration]:[220]

Walls that contain breaches: A Sukkah is Kosher even if its two complete walls contain breaches which do not excel ten Amos, so long as it contains more wall space than breaches.[221]

Two walls that extend throughout the Sukkah with a third wall that does not [Illustration A]: If a Sukkah contains two full walls that extend throughout the Sukkah, and a third wall that is only seven Tefachim wide and only extends for part of the Sukkah, nonetheless, the entire Sukkah remains Kosher even without requiring Tzuras Pesach over the third wall and one of the full walls. [However, this only applies if there is not a ten Amos distance between the seven Tefach wall and the other walls, otherwise it requires a Tzuras Pesach, and according to some Poskim is invalid even with a Tzuras Pesach.[222]]

Must the walls be attached by their corners-Four walls that do not extend the length of the Sukkah:[223] At least two of the walls of the Sukkah must be attached to each other, at the very least through Lavud [i.e. within three Tefachim of each other]. If none of the walls are attached, even through Lavud, then the Sukkah is invalid even if the walls are very long. [See Illustration B] 

 

The case: The blue represents the walls. The third wall is 7 Tefach but does not stretch throughout the entire length of the Sukkah/Sechach.

The law: Kosher even without Tzuras Pesach and even if distanced from adjacent walls more than 7 Tefachim [Rama 630:3; Piskeiy Teshuvos 630:1]

The law: Kosher even without Tzuras Pesach [Rama 630:3]

The case: The blue represents the walls. The walls do not stretch throughout the entire length of the Sukkah/Sechach.

The case: The blue represents the walls. The third wall is 7 Tefach but does not stretch throughout the entire length of the Sukkah/Sechach and is a Ten Amos distance from both ends of the other wall.

The law: Not Kosher without Tzuras Pesach, and dispute if Kosher with Tzuras Pesach [M”B 630:18]

Not Kosher because no two walls are attached by their corners [M”B 630:25]

None of the walls are attached or within three Tefachim of each other-Sukkah is invalid. [M”B 630:25]

E. How does one make a third wall using Lavud and Tzuras Pesach?[224]

If there are two walls in an L shape:[225] If one has two walls [each of at least seven Tefach long[226] and ten Tefach high] which are adjacent to each other in an L shape, then one is to place a plank which is slightly more than one Tefach wide[227] [more than 8.17 cm.[228], and is ten Tefach high] slightly within three Tefach [23.5 cm.[229]] from the ends of one of the walls. [Thus, through using the rule of Lavud it is considered that one has a plank of over four Tefachim, which is the majority of the length of a Kosher Sukkah.[230] According to some opinions, this requirement of a one Tefach wide pole slightly within three Tefachim of the wall is a Biblical obligation.[231]] One is then to establish a pole of any width opposite this plank, at the end of the wall[232] and make a Tzuras Pesach for the remaining space from this pole until the plank of more than one Tefach, by placing another plank over them. [This Tzuras Pesach then makes it as if there is a full third wall of seven Tefachim.[233] This Tzuras Pesach is only Rabbinically required to validate the third wall.[234] If the opposite wall extends more than seven Tefachim, then it is only necessary to establish the pole by the seven Tefach distance mark.[235]] The Tzuras Pesach is valid even if the plank is not resting directly on the pole and the more than Tefach long plank, so long as it hovers over them. It is disputed amongst the Poskim[236] as to whether the Sechach itself can serve as the Tzuras Pesach if it hovers over the pole and plank, and the main ruling is that one can be lenient. This above ability to create a wall using the rules of Lavud for a Tefach long plank and Tzuras Pesach is only valid for one of the three walls.[237] [It is however possible to use the rule of Lavud with a four Tefach long wall and then the rule of Lavud and Tzuras Pesach for another more than Tefavch wall, as explained in C.]

If there are two parallel walls of seven Tefach:[238] If one has two walls [of at least seven Tefachim wide and ten Tefachim tall] which are parallel to each other, then [it is stricter than the above case of two L shaped walls[239] and] one is to place a plank which is slightly more than 4 Tefach wide [33 cm.[240] and ten Tefach tall] within three Tefach [23.5 cm.[241]] from the end of one of the walls.[242] [Hence using Lavud one has a total of 7 Tefach, which is the length necessary for a Kosher wall.] Nonetheless, even in this case, it is disputed in Poskim[243] as to whether one must in addition also establish a Tzuras Pesach as in the previous case, by placing a pole opposite the plank at the end of the wall and hovering a plank over it and the more than 4 Tefach plank. Practically, we rule that it is to have a Tzuras Pesach established.[244] This, however, only applies if the third wall is made using the rule of Lavud. If, however one contains a full seven Tefach wall for the third wall, then there is no need for a Tzuras Pesach to be made for the Sukkah to be Kosher.[245] [Likewise, if one contains two full walls of seven Tefachim and another two walls of more than four Tefachim, in the other directions, then there is no need to establish a Tzuras Pesach.[246] Likewise, if it is a very small Sukkah and the third four Tefach wall is within three Tefachim of both parallel walls, then it does not require a Tzuras Pesach.[247]]

Illustration of three walls using Lavud and Tzuras Pesach by an L shaped Sukkah

F. Making all the walls using Lavud [Placing sticks/strings within three Tefachim of each other]:[248]

Lavud of only Shesi or Eirev [horizontal or vertical bars]: It is permitted to make a four walled Sukkah using a vertical or horizontal Lavud throughout all the walls, such as to stand poles within three Tefachim of each other [i.e. Shesi/vertical Lavud], or to place strings within three Tefachim of each other for a height of ten Tefachim [i.e. Areiv/Horizontal Lavud]. However, if the Sukkah will only contain three walls, then at least two of the walls must be complete [throughout a length of seven Tefachim[249]] without resorting to Lavud, and even then, the third wall must contain a pole that is more than a Tefach wide and establishing many narrow poles near each other using Lavud is invalid. [This means that at least two of the walls must be seven Tefachim long without the rule of Lavud, and that the third wall must contain a pole that is larger than a Tefach long. However, see Halacha C that it is possible for one of the two walls to be four Tefachim and be within three Tefachim of the full wall, thus resorting to Lavud for two out of the three walls. The above law only applies if the entire wall is depending on the Lavud, it is however permitted to make a Lavud wall even for an only three walled Sukkah as a backup wall, such as if one makes a wall using sheets then a Lavud wall may and should be used as a backup, as explained in Halacha H.]

Lavud of Shesi and Eirev [i.e. Checkered fence]: It is permitted to make any one of the walls using both vertical and horizontal sticks or strings, similar to a fence, and it counts as a Kosher wall even by a three walled Sukkah.

Vertical bar Lavud using Areiv

Horizontal bar Lavud using Areiv

Checkered Lavud-Shesi Vareiv-Kosher by all walls

G. The law of a Pesel-The status of the Sechach that extends past the walls of a Sukkah:

Contains two extending walls from back wall [Illustration 1]:[250] If a Sukkah contains Sechach that extends past the middle[251] wall of the Sukkah[252], and two [parallel] walls extend with this Sechach [past the middle wall], then if that area contains the minimum dimension of a Kosher Sukkah, which is at least 7x 7 Tefachim, and the Sechach provides majority shade in that 7 x 7 area, then it is Kosher, being that it has three walls. The following are its three walls; the middle wall of the Sukkah, plus all the long parallel walls that extend past the middle wall. This area is thus considered a complete Sukkah and is valid.[253]

Contains one extending wall from back wall [Illustration 2]: If a Sukkah contains Sechach that extends past the back wall of the Sukkah, and there is one wall that extends together with the Sechach, then seemingly even if that area is 7×7, that area is not considered part of the Sukkah and it is forbidden to eat under it being it contains only one extending wall.

Contains one wall extending from open side [Illustration 3]:[254] [If a Sukkah contains three walls and] there is Sechach extending past the fourth direction which is an open side where there is no wall, and one of the walls of the Sukkah extends together with this Sechach, then if that area contains the minimum dimension for a Kosher Sukkah [which is 7×7 Tefachim] then that area is also considered part of the Sukkah and it is permitted to dwell there [and eat and sleep under it] even though it only contains one extending wall. This applies even if the Sukkah owner had expressed his intent to make the two long walls extend throughout the entire length of the Sechach[255], nevertheless that area [which currently contains only one extending wall] remains valid even if he did not yet fulfill his plan to extend the second wall to that area.[256]

Illustration 1: Two walls extending from back wall-Kosher if has 7×7

Illustration 2: One wall extending from back wall-Kosher if has 7×7

Illustration 3: One wall extending from open side-Kosher if has 7×7

 

H. The material of the walls:[257]

All materials are valid for a Sukkah [if it does not move with a common wind[258] as explained in Halacha B]. Even if the material does not lend shade to the Sukkah[259] [such as glass or transparent plastic], and hence it gives off more sun then shade, it is valid.[260] [Thus, the walls may even initially be made from material that is Halachically unfit for use as Sechach.[261]]

Material with bad odor, or material that dries and shrinks:[262] Nevertheless, one is not to use materials that give off a foul odor or which dry and shrink within the 7 days to below the minimum requirement for the wall.

Using sheets as a wall:[263] It is not proper to use sheets [whether of fabric or plastic] as material for a wall even if it is tied down well.[264] However, it is permitted to use sheets if one places poles within three Tefach of each other and hence uses Lavud to make an additional backup wall.[265] [According to all, Bedieved if one used sheets for a wall, then if they are tied down well that they do not move with the wind, the Sukkah is Kosher even if Lavud was not used.[266]]

Using animals and humans as a wall:[267] Humans and animals are considered valid walls for a Sukkah, if they are 58 cm wide and 80 cm tall, and are not three Tefachim from the ground. However, animals are only valid if they are tied to the other walls of the Sukkah [in order so it does not run away]. On Yom Tov or Shabbos, it is forbidden to make a 1st, second, or third wall using an animal, and it is likewise forbidden to make such a wall using a human, if the human knows that he is being used as a wall. However, if he does not know that he is not being used as a wall, then it is valid to establish him as awall even on Shabbos and Yom Tov. It is permitted to make a 4th wall using a human or animal even on Shabbos. On Chol Hamoed, a human may be used as a wall even if he knows that this is the purpose of his stay. Vetzaruch Iyun if on Chol Hamoed the person himself can be used as a his own wall.

I. Spreading a sheet, ornaments, and decorations, by the walls of the Sukkah:[268]

It is permitted for one to spread decorative sheets and ornaments [and all other decorations including fruits and vegetables and beautiful vessels[269]] on the walls of one’s Sukkah for the sake of beautification in order to beautify the Sukkah. Likewise, it is permitted to do so [for any other reason such as] the block wind from coming through and extinguishing one’s candles.[270]

On Shabbos and Yom Tov:[271] It is permitted to hang a sheet or garment in one’s Sukkah on Shabbos or Yom Tov for the sake of blocking the wind from blowing out one’s candles. Doing so does not consist of the “making of an Ohel” prohibition on Shabbos and Yom Tov being that the making of dividers do not transgress the prohibition [unless they are being made to create new Halachic domains, or the sheet is very long and ends up folding a Tefach over the floor in the process of setting it up], as explained in the laws of Shabbos Chapter 315.] [In the event that the sheet is very long, then it is to be set up with two people holding it one by each side in a stretched position in order so it does not fold over.[272]]

Practically are Sukkos with plastic walls initially valid?[273] If one places string or poles to perform Lavud to make three walls in addition to the plastic fabric walls, then even initially it is valid according to all. However, if Lavud is not being used, then one should not use such a Sukkah being it is possible that the plastic material walls will become loose and move with the wind. However, from the letter of the law, if the plastic does not move with the wind, it is valid. Furthermore, some Poskim[274] rule that it is even initially permitted to use plastic sheets if they are tightly attached as it is not possible to move with the wind. How far must the sheet/plastic walls move with the wind to be considered problematic? If the wind can move it even slightly back and forth then it is invalid, even if the wind is unable to make it fall completely to the ground.[275] [Some interpret this to mean as follows:[276] If the common wind can blow the sheet walls a distance of three Tefachim in a way that it invalidates the wall, then it is invalid. For example, if it can blow it three Tefachim, upwards from the ground, or three Tefachim away from the Sechach, or that it creates a stomach of three Tefachim deep in a way that it does not contain ten Tefachim of wall within three Tefachim of width, then it is invalid even when the wind does not blow.]

 

8. The order of building-Setting up the walls before the Sechach?[277]

One is not to place the Sechach over the [frame of the] Sukkah prior to building the [Halachically valid] walls.[278]

Bedieved, if first placed the Sechach: If one transgressed and first placed the Sechach over the frame and only then built the walls, some Poskim[279] rule the Sukkah is valid.[280] Other Poskim[281] however rule the Sukkah is invalid. [Practically, we rule that the Sukkah is invalid, and one is hence to undo the Sechach and replace it.[282]]

How to validate a Sukkah that had its Sechach placed before its walls:[283] It suffices to slightly lift the Sechach and then replace it. [It is not necessary to lift up the Sechach three Tefachim, or even one Tefach, and any amount suffices.[284] One must lift up each individual piece of Sechach in order to validate it.[285] Some Poskim[286] rule that one is required to fully lift up each individual piece of Sechach. Meaning that one cannot lift one end of the beam and then go around and lift up the other end of the beam, and rather the entire beam from both ends must be lifted off the Sukkah at least slightly. However, one is not required to lift all the beams of the Sechach simultaneously, and some Poskim[287] even rule that one is required to lift them up one at a time. Practically, one may lift many pieces of Sechach at a time, if he chooses, although some are stringent especially by a Biblical invalidation.[288]]

Building a rim around the frame and then putting up the Sechach:[289] If, however, one first built a rim of the width of one Tefach [8 cm.[290]] around the [entire[291]] top area of the frame, and rests the Sechach on top of it[292], then it is permitted to place the Sechach over the frame prior to completing the rest of the walls.[293] [Thus, if one is using wooden boards of one Tefach width to create the top frame of the Sukkah [see picture below], then one may rest the Sechach on top of those frames, and then build the rest of the walls.]

Summary: One must build the Halachically valid walls of the Sukkah prior to placing the Sechach. If one did not do so, he must undo the Sechach and replace it after the walls are built. If one builds a Tefach width rim around the top of the frame, then one may place the Sechach over it prior to erecting the remaining walls. Q&A If after building the Sukkah in its proper order, the walls blew off, must one remove the Sechach prior to replacing the walls?[294] In a case that the Sukkah was erected in the correct order [first walls and then Sechach] then it is not necessary to remove the Sechach prior to fixing the walls, if the walls fell over.[295] However, some Poskim[296] rule that if this occurred before Sukkas one is required to replace the Sechach. May one use as one of the three Halachically required walls a sliding or removable door?[297] Using a door that will be opened and closed as one of the three Halachically required walls enters into the above question of causing the Sechach to hover over the Sukkah at a time that the Sukkah is invalid due to the opened door. Practically, as stated above, if at the initial time that the Sukkah was erected, the walls were valid, and the doors were closed, then it is permitted later on to open and close this door, even though it nullifies the Sukkah at the time of its opening. However, according to the stringent approach brought in the previous Q&A, one is to avoid opening the door before the start of Sukkos, and if one does so, is to replace the Sechach. One must note that on Shabbos and Yom Tov it would remain forbidden to open and close this door, being it is invalidated, and then validates the Sukkah when opened and then closed.[298] How is one to build the Sukkah when relying on Dofen Akuma for a wall?[299] In such a case, one is to first build the invalid Sechach near the wall, and only then build the valid Sechach, as otherwise it is considered that one built the Sechach before the walls.

9. The Sukkah floor:

Some Poskim[300] rule that it is proper for one to build a tiled floor for the Sukkah in commemoration of the Ananei Hakavod, and in order to be allowed to sweep it on Shabbos and Yom Tov. Practically, the Chabad custom is not to be particular in this matter.[301]

A grass floor: Initially, one should not build a Sukkah over grass, due to the possible “planting” prohibition applicable on Shabbos and Yom Tov if one pours liquid onto the grass. Bedieved, if one made the Sukkah over grass, then he must beware not to spill or pour water over it. Alternatively, one can place a makeshift floor over the grass. See Halacha 5E for the full details of this subject.

An earth floor:[302] There is no issue in building a Sukkah over earth if it is hard and not designated for growing plants and grass and is a distance of 15 Amos from any surrounding trees.

10. The Sukkah furniture-Food table must be in Sukkah:[303]

*See Chapter 3 Halacha 11 for further details on the items that should be entered into the Sukkah.

The table on which one eats while in the Sukkah must be inside the Sukkah, as opposed to it being outside the Sukkah, even though one eats the food that is on the table inside the Sukkah. This applies even if the Sukkah is very large. One who eats in a Sukkah from a table that is outside the Sukkah is considered as if he ate outside the Sukkah.[304] [This does not mean that every Sukkah must have a table and if not then the Sukkah is invalid, but rather that simply that whatever table one uses to hold food that one is eating from while in the Sukkah, must itself be inside the Sukkah, and it does not suffice to take food from the table and eat it inside the Sukkah.[305]]

Q&A May part of the table be inside the house?[306] Some Poskim[307] rule that if at least a Tefach of the table is inside the Sukkah then it is valid. Other Poskim[308], however, require that majority of the table be inside the Sukkah. May one position the table under invalid Sechach that is within the Sukkah?[309] One is not to do so, although if the Sechach is only Rabbinically invalid then one fulfills his obligation Bedieved. May one prepare tables of food outside the Sukkah for people to take and eat inside the Sukkah? Seemingly, it is permitted to do so, as the invalidation only applies if one is sitting by a table while actually eating and it happens to be that the table is not inside the Sukkah, such as it is by the edge of the entrance of the Sukkah, as we suspect that he may move to an area of the table that is not in the Sukkah. If, however, the table is not near the Sukkah at all, and one is not eating by the table but simply taking food from it to eat in the Sukkah, then it is valid. Vetzaruch Iyun!

11. Does a Sukkah require a Mezuzah?[310]

A Sukkah is not obligated to have a Mezuzah.[311]

A Sukkah built in a house with a removeable roof: If one’s home contains a room with a retractable roof which is turned into a Sukkah, then based on the above some Poskim[312] learn that the room is exempt from Mezuzah throughout the duration of Sukkos. Accordingly, some Poskim[313] rule that after Sukkos when the roof is replaced one would be required to replace the Mezuzah with a blessing, as otherwise it would be considered Taaseh Velo Min Hasuiy. Other Poskim[314], however, argue that in truth the removing of the roof does not make the room exempt from Mezuzah, and even if it did one would not be required to replace the Mezuzah after Sukkos being that to begin with it was placed on correctly. Practically, the custom of the world is not to replace the Mezuzah after Sukkos.[315] However, one who desires to be stringent like the first opinion should remove the Mezuzah after Sukkos and replace it without a blessing.[316]

Room leading into a Sukkah: The door of a room leading into a Sukkah, such as if the Sukkah is inside one’s home on the porch, is obligated in Mezuzah even during Sukkos, as it leads into a home.[317] However, some Poskim[318] rule that on Erev Sukkos the Mezuzah is to be replaced to the right side going into the home throughout the duration of Sukkos, as opposed to on the right side going into the porch. However, according to the second opinion mentioned above, this is not necessary, and so is the custom to not change the position of the Mezuzah.[319]

Sukkah leads to house: A courtyard or backyard entrance that is used as part of a Sukkah remains obligated in Mezuzah throughout Sukkos being that it leads into the home.[320] Nonetheless, if a Sukkah is built in front of the entrance door to the home, the Sukkah is exempt from Mezuzah even though it leads into the home.[321]

12. An old Sukkah-Using a Sukkah that remains intact throughout the year [i.e. pergolas] and turning a room or house into a Sukkah:[322]

A. Introduction:

If one’s Sukkah remains erect throughout the year, the question arises as to whether something must be done to the Sukkah before Sukkos, or if it may be used in its current state. The questionable issues raised against such a Sukkah is regarding whether it can still count as a temporary dwelling even though it is erect throughout the year. The Torah obligates that the Sukkah be built as a temporary dwelling for the sake of shade, and hence perhaps having it erect for too long, and certainly making use of it for other purposes, can invalidate it. Practically, the validity of a Sukkah that remains standing for more than just the span of Sukkos is dependent on three factors:

1. The usage of this Sukkah during the year.
2. The amount of time it was erected before this current Sukkos.
3. The purpose of its erection.

If the Sukkah was built for the sake of dwelling, or if it was built for the sake of shade but is used as one’s dwelling place, then it is invalid and the Sechach must be replaced, as will be explained in B. If the Sukkah is not used as a dwelling place, then it remains valid, although may require an action of renewal to be done to the Sechach, as explained in C-D. This is dependent on how much time before Sukkos it was erected, and its purpose of erection, for shade or for the Mitzvah.

B. A Sukkah that was built to be used as a home or which was built for shade but is used as a dwelling area during the year:

Built to be used also as a home or for storage or privacy:[323] A person does not fulfill his obligation of Sukkah, unless the Sukkah was only built for the sake of giving shade [from the sun] alone, just as the clouds of glory. If, however, it was also built for the sake of housing, to permanently live there, and not to simply take shade in it alone, then it is not considered a Sukkah but rather a house [and is inherently invalid].[324] Likewise, if it was built also for purposes of privacy, to do private actions within it, such as to use it for storage or other use which needs to be done in a private area then it is invalid.[325] Likewise, if it was built for the sake of taking shelter and cover from rain and showers, then it is invalid.[326] Practically, the rule is that so long as the Sukkah was not built for mere shade [from sun] alone, then it is [inherently invalid as it is] not considered a Sukkah but rather a house being that a house is designated for all these purposes, and the Torah says “Sukkah” and not a house.[327] [Nonetheless, it may be validated by lifting all the Sechach and replacing it, as will be explained.[328]]

Built for shade but used as a dwelling:[329] If the Sukkah [with its Sechach] was built for the sake of shade[330], but is used throughout the year as one’s dwelling place of eating and sleeping and performance of majority of one’s actions[331], it is invalid[332], unless the Sechach is lifted and placed back on each year before Sukkos, as will be explained. [This applies even if the Sukkah was built for the sake of the Mitzvah of Sukkos.[333] If, however, one does not live in the Sukkah, even if he uses it for certain purposes, then it remains valid, [if it was originally built for the sake of shade, and follows the law explained in D].[334] [Thus, a Sukkah that is built in ones house under a retractable roof and left intact the entire year, since one lives in this Sukkah throughout the year he is required to renew the Sechach each year before Sukkos. See Q&A]

How to validate the Sechach:[335] If the Sukkah with its Sechach that was built for shade was used throughout the year as one’s dwelling area, or if it was originally built for dwelling purposes[336], then [all[337]] the Sechach must be lifted and placed back on each year before Sukkos in order to validate it, as explained above. It suffices to simply lift up [all] the Sechach and place it back down.[338] [It does not suffice to simply lift a Tefach worth of Sechach, as is allowed in the case in C, and rather one must lift up each individual piece of Sechach in order to validate it.[339] It is not necessary to lift up the Sechach three Tefachim, or even one Tefach, and any amount suffices.[340] However, some Poskim[341] rule that one is required to fully lift up each individual piece of Sechach. Meaning that one cannot lift one end of the beam and then go around and lift up the other end of the beam, and rather the entire beam from both ends must be lifted off the Sukkah at least slightly. However, one is not required to lift all the beams of the Sechach simultaneously, and some Poskim[342] even rule that one is actually required to lift them up one at a time. Practically, one may lift many pieces of Sechach at a time, if he chooses, although some are stringent especially by a Biblical invalidation.[343]]

                                                     

C. A Sukkah that was built for the sake of the Mitzvah and was not used as a dwelling place during the year:[344]

A Sukkah that was built for the sake of the festival [for the purpose of fulfilling the Mitzvah] is valid even if it was built in the beginning of the year. It does not require any modification. [Thus, if one never took down the previous year’s Sukkah, it may be used for the current Sukkos holiday without needing any modification, as explained in Q&A.]

D. A Sukkah that was built for the sake of shade and not for the sake of the Mitzvah but was not used as a dwelling place during the year:[345]

Built within thirty days of Sukkos:[346] If the Sukkah was built for the sake of shade[347] and was not used as a dwelling[348] [as explained in B], then if this was done within thirty days before Sukkos [i.e. from the 14th day of Elul and onwards[349]], it is valid to be used for Sukkos without doing anything to the Sukkah. [This applies even though it was not built for the sake of fulfilling the Mitzvah of Sukkah, as a Sukkah is not required to be built Lishma, and so long as it was built for shade it is valid.[350] It likewise does not require any renewal being that it this is only required by an old Sukkah, which is defined as a Sukkah built prior to thirty days before the festival, as explained next.]

Built prior to thirty days of Sukkos:[351] If the Sukkah was built for the sake of shade prior to 30 days before Sukkos [i.e. prior to the 14th of Elul], then [although] it is defined as an old Sukkah it nevertheless remains Kosher[352] [even if it was built at the beginning of the previous year[353]] if one renews something in the Sukkah for the sake of the Mitzvah, as will be explained.[354] [This renewal is required from the letter of the law, and is not a mere stringency, and thus if it was not done the Sukkah is Rabbinically invalid.[355] If it was not done before Yom Tov, then the Sukkah is invalid as the Sechach is Muktzah and cannot be renewed on Yom Tov.[356] Nonetheless, some Poskim conclude that one is to eat in the Sukkah without a blessing in such a case to suspect for those opinions who validate it Bedieved.[357]]

How to do the renewal of the Sukkah:[358] The renewal must be done to the actual Sechach.[359] The definition of a renewed action is to place new[360] Sechach the size of at least 1×1 Tefach square[361] for the sake of the Mitzvah. [It must have at least 1 Tefach in both width and length, and does not suffice to simply have one Tefach square, such as 1.5 Tefach in length and .5 Tefach in width.[362] However, it does not need to be an exact square, and thus if it is 2 Tefach by one Tefach it is also valid.[363]] Alternatively, one can place any amount of width of [new] Sechach from one end of the Sukkah to the other, whether going from the width or length of the Sukkah, even if this new Sechach is much less than one Tefach wide.[364] [Furthermore, some Poskim[365] rule that it suffices to simply lift (or even shake[366]) a 1×1 Tefach of Sechach and then replace it. However, from the wording of Admur it is implied that one must actually replace the Sechach with new Sechach, and simply lifting and replacing does not suffice.[367] Certainly, however, everyone agrees that if one lifts and replaces all the Sechach that it suffices even though no new Sechach is placed, just as we rule regarding Sechach that was built for dwelling purposes.] The above renewal is only required to be done to the Sechach, however, the walls do not require any renewal even if they were made from the beginning of the year [for shade or even for dwelling], as explained in E.

Built for non-shade purposes: If a hut was built during the year with valid Sechach, but not for the sake of providing shade or using it as a Sukkah, then the hut is invalid for Sukkos unless the Sechach is lifted up and replaced as explained in B. It does not help for the owner to now designate it for a shade purpose, due to the rule of “Taaseh Velo Min Haasuy.”[368]

E. Walls that were built prior to thirty days before Sukkos, or that were built or used for dwelling purposes:[369]

The entire issue above with an old Sukkah [or a Sukkah used for dwelling] is only in regard to its Sechach, and if the Sechach was erected prior to thirty days before Sukkos, and/or was used for dwelling purposes. However, if the walls were built prior to thirty days before Sukkos [or were used for dwelling purposes] they remain valid without needing any renewal or modification, even if they were explicitly made from the beginning of the year not for the sake of Sukkos.

Summary: If during the year one used the Sukkah as part of his home for eating, sleeping and other house activities, or if it was built also for this purpose, then he must lift up all the Sechach and replace it in order to validate it for Sukkos. If one did not use the Sukkah as a home during the year, then if it was built for the sake of shade prior to 30 days before Sukkos, then one is to replace a one by one Tefach of the Sechach with new Sechach prior to Sukkos. If it was built for the sake of the Mitzvah of Sukkos, or if it was built for the sake of shade within 30 days before Sukkos, then it remains valid without needing anything to be done to it before Sukkos. Q&A If one did not take down the Sukkah from the previous year, and it is not used as a dwelling area, does it require an action of renewal to be performed to its Sechach? Some Poskim[370] rule the Sukkah is only valid without renewal if it was made for the sake of the Mitzvah after the passing of the previous Sukkos. If, however, it was made before the previous Sukkos, then an act of renewal is required prior to the coming Sukkos, as explained above regarding a Sukkah made for shade prior to 30 days.[371] Other Poskim[372], however, rule the Sukkah remains valid and does not require any modification.[373] It is implied from Admur like this latter opinion.[374] If one built the Sechach with both intent of the Mitzvah and for it to serve as shade, does it require a renewal if built thirty days before Sukkos? Some Poskim[375] rule one is not required to do any action of renewal in such a case.[376] If one’s Sukkah [with its Sechach] serves as an outside patio area throughout the year, does its Sechach require renewal? Some Poskim[377] rule one is not required to do any action of renewal in such a case.[378] However, this only applies if the pergola beams are not attached or nailed into the roofing, as explained below under the section of Pergolas. If one’s Sukkah serves as part of one’s home, must all the Sechach be lifted and replaced each year before Sukkos? Ø  Example: One has a retractable roof in one of the rooms of his house which serves as a Sukkah during the Holiday. May one leave the Sechach remaining throughout the year and simply open the roof to use the Sukkah, or does the Sechach require removal and replacement? If one lives in the room then all the Sechach must be lifted and then replaced before Sukkos.[379] This applies even if one has a retractable roof over the Sechach, nevertheless it does not suffice to simply open the roof.[380] If, however, one does not live in this room, then it suffices to simply open the roof before Sukkos. Some Poskim[381] however side that even if one lives in the room, it suffices to open the retractable roof. The definition of living: Seemingly, it is only defined that one is living in the room regarding the above law, if one uses the room for eating, sleeping and all one’s regular house activity. If, however, one does not eat or sleep in the room then it is not considered a living area and hence does not require removal of all the Sechach prior to Sukkos.

* Pergolas-The law of using a wooden Pergola as one’s Sechach and the law of resting one’s Sechach on the beams of a pergola frame?[382]

• Complete pergola: If one’s pergola is made in a way that it is entirely covered with beams of wood [one does not see the sky] are the wood beams of the pergola considered valid Sechach, and must one do anything to it before Sukkos if he desires to use it as a Sukkah?
• Frame pergola: If one’s pergola is simply a frame which contains beams of wood that run parallel to each other with a space between the beams that allow the sky to be seen and allows rain to penetrate, may one rest his Sechach on the beams of the pergola, and are the beams themselves considered Kosher Sechach?

 

F. The Halachic issues:[383]

A pergola is an outside structure which is made with wooden panels that create a roofing to provide shade. If the pergola is completely covered with beams in a way that one cannot see the sky, then the validity of using the Pergola to build one’s Sukkos is questionable on the following four fronts. If the pergola is a mere frame of wooden beams, then the first three issues are raised regarding whether the beams themselves are considered Kosher for Sechach, and likewise a fifth issue is raised regarding if this can invalidate the actual Sechach that is placed in between.

• Old Sukkah: Perhaps it is defined as an old Sukkah which requires a 1×1 Tefach square of new Sechach to be placed, as explained in Halacha 12D.
• Dwelling area: Perhaps it is defined as a Sukkah used throughout the year for dwelling purposes which requires all the beams to be lifted up and replaced, as explained in Halacha 12A.
• Intrinsically invalid Sechach: Perhaps the pergola beams themselves are invalid, and hence must be removed and have Kosher Sechach placed in their stead, as explained below regarding screwed in beams, as explained in Chapter 2 Halacha 7I.
• Rain penetrating: Sechach that is so thick to the point that even rain is unable to penetrate it, is invalid, as explained in Chapter 2 Halacha 4.
• Lavud: Perhaps we apply the rule of Lavud Lehachmir to invalidate the Sukkah if the Pergola contains invalid beams that are within three Tefachim of each other, even if the Sechach is placed on top and/or in-between?

The Halachic status of wood beams: It is forbidden to use for Sechach wood surfaces that were made into a vessel. Furthermore, the custom is not to use any wood boards for Sechach, even though they are simple boards which were not turned into a vessel, irrelevant of how narrow they are [although those who do so today have upon whom to rely]. If there is no other Sechach available, then they are valid to be used so long as they are not commonly used in one’s city for the roofing of homes and are less than 32 cm wide, and rain is able to penetrate the Sukkah. However, if the only boards available are 32 cm wide then even such boards may be used. All boards that are valid Bedieved may even initially be used in a time of need and may be used to support the Sechach. See Chapter 2 Halacha 7I for the full details of this matter!

The Halachic status of screwed or nailed wood beams: Some Poskim[384] rule that wood beams that are nailed or screwed into the roofing, are invalid for Sechach even if they were originally placed there for the sake of the Sukkah and not for general year shade and dwelling, unless they are unscrewed and then re-rested onto the frame before Sukkos without re-screwing them. However, from other Poskim[385] it is understood that even nailed in beams can remain valid [Bedieved[386]] if they were placed there originally for the sake of Sechach, or if one did an action to validate them, such as if one removed the pergola beams from the pergola frame, or removed the tarp from the pergola frame, in which case even the nailed in beams of the pergola frame become Kosher for Sechach.

The Halachic status of loose pergola beams: If the beams are not nailed or screwed in, and they are very narrow to the point that they are not normally used as roofing material[387], and are certainly less than 24 centimeters wide[388], then they are valid for Sechach if it was placed on the pergola also for the sake of the Mitzvah of Sukkah, and the pergola was not used for dwelling purposes.[389] If the pergola was used also for dwelling purposes, then all the beams must be lifted and replaced to be validated, as stated in the Halacha above. If the pergola was made only for shade and not also for the Mitzvah, then a 1×1 Tefach space would need to be renewed prior to Sukkos, as stated above.

G. The law by a complete Pergola:

A complete pergola which fully covers the area under it, is invalid to be used as a Sukkah unless the beams of the pergola are less than 32 cm wide[390], and were originally placed there for the sake of Sukkos[391], and are not nailed or screwed into the roof[392], and the area was not used for the sake of dwelling under it during the year[393], and permit the rain to penetrate.[394] If the beams of the pergola are nailed or screwed into the roofing, then they are to all be unscrewed and then re-rested onto the frame before Sukkos without re-screwing them, as explained above in A, and be placed in a way that permits the rain to penetrate. If the beams are loose, but the area was used as a dwelling place throughout the year, then likewise all the beams are required to be lifted and then replaced prior to Sukkos, as explained in Halacha 12A. If the beams are loose and the area was not used as a dwelling place throughout the year, then if it was built for sake of shade during the year, then it must have a one-by-one Tefach area replaced with new Sechach prior to Sukkos, as explained in Halacha 12D. In all cases, one must make sure that rain can penetrate the Sukkah from between the beams. Furthermore, even in the event that all the above conditions are fulfilled to validate the Sukkah, it is initially improper to use wooden beams as Sechach if other options are available, as explained in Chapter 2 Halacha 7I.

The law if the pergola contains both screwed and loose beams: If the pergola is made up of both nailed in or screwed in beams and loose beams, then the loose beams are valid if placed also for the sake of the Mitzvah, and not used for dwelling purposes during the year, while the nailed or screwed beams are invalid. If there are more loose beams than screwed beams on the Sukkah, then the Sukkah is valid. If one removes the loose beams and places Sechach over the frame of screwed beams, some Poskim[395] rule that even the screwed beams become validated as a result.

Summary: Initially, a pergola which is completely covered by wooden beams is never to be used as a Sukkah. Nonetheless, in a time of need one may be lenient if all the following conditions are fulfilled: 1. The beams of the pergola are less than 32 cm wide. 2. The beams are removed and then replaced onto the Sukkah [if they were not originally placed there for the sake of Sukkos or if they are nailed or screwed into the roof]. 3. Rain is able to penetrate.

H. A pergola frame-The law if the pergola contains only a mere screwed in frame onto which one rests his Sechach:

If the pergola is made up of a frame of screwed beams, with empty space between the beams of the frame, then although the frame beams are invalid for Sechach[396], placing Kosher Sechach over the frame validates the Sukkah if the Kosher Sechach alone provides majority shade[397], and we do not apply the rule of Lavud Lehachmir even if the invalid beams are within three Tefachim of each other, as explained in Chapter 2 Halacha 12 and 15-see there! If the pergola frame beams are less than three Tefachim wide, then one may even eat under them.[398] If the wooden pergola frame beams are not nailed or screwed into the frame, then the frames themselves are valid for Sechach if they are not four Tefachim wide and join the rest of the Sechach to provide majority shade. This applies even if the frame was covered with a tarp during the year and used for the sake of dwelling under it, nevertheless, the removal of the tarp from the frame validates the frame to be used as Kosher Sechach, as explained in Chapter 2 Halacha 14-15.  

I. How to initially build a complete pergola with intent to use also on Sukkos:[399]

A pergola can be built in the following way to be valid also for Sukkos: Build a frame with less than three Tefachim wide [24 centimeters] beams, making sure to leave more empty space than the space taken up by the frame. Then make short narrow beams which slide into pockets made within the frame. These beams remain valid for Sechach being that they are not screwed in, so long as they are initially rested on the frame for the sake of the Mitzvah of Sukkah. Thus, make sure that the carpenter builds the pergola in a way that there is greater space between each set of beams than the width of the beams themselves.

From the Rav’s desk Question: I made a roof for my patio with wooden beams being used as frames and a plastic tarp covering it. I have since removed the tarp and would like to place Sechach over the frame to use as my Sukkah. The beams themselves are slightly more than 1 Tefach wide, and the space between them is 1.5 Tefach wide, so there is definitely more shade due to Sechach than the invalid beams. My question however is as follows: The Alter Rebbe in his Shulchan Aruch invalidates roof beams that are within 3 Tefachim of each other due to Lavud unless you place the Sechach between them. My question is regarding if my Sukkah would still be Kosher even though the Sechach is placed on top of these beams and not in between them?   Answer: Yes. Even if the Sechach is on top of the beams it prevents the invalidation of Lavud from taking place.   Sources: Implication of M”A 626:6 and Admur 626:14 that even when Sechach is on top it is Mafsik Lavud, and in between is Lav Davka [unlike implication of Bikureiy Yaakov 626:6 and Machatzis Hashekel ibid]; M”B 626:17; Emek Teshuvah 1:96; Piskeiy Teshuvos 626:9

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

A. Using the Sechach of the Sukkah for other purposes:[400]

The Sechach of the Sukkah is Biblically holy and is considered like the Hekdesh of Kodshim. Hence, it is Biblically[401] forbidden to use the wood of the Sechach throughout all the seven days of Sukkos.[402] [Rabbinically, it remains forbidden likewise on the 8th day in Eretz Yisrael, and also on the ninth day in the Diaspora.[403]] 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.[404] 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].[405]

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.[406] 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.[407]

Making a stipulation on the Sechach?[408] 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:[409] 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.[410] [Likewise, if a piece fell off from the wall, it may not be used.[411]] 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.[412] Thus, originally it was common for people to hang things on the Sechach. However, today this is no longer commonly done.[413]

B. Using the walls of the Sukkah for other purposes:[414]

Rabbinically, it is forbidden to make use of the walls of the Sukkah throughout all the seven days of Sukkos.[415] [Rabbinically, it remains forbidden likewise on the 8th day in Eretz Yisrael, and also on the ninth day in the Diaspora.[416]] This prohibition applies even if the Sukkah fell.[417] 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].[418]

Which walls become prohibited:[419] 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.[420] 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.[421] [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.[422] 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.[423]

Making a stipulation on the walls?[424] 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.[425] 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.[426] 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.[427] 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.[428]

Stationary usage-The form of use that is forbidden:[429] 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.[430] [Likewise, if a piece fell off from the wall, it may not be used.[431]] 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.[432] [Likewise, one may do any action of dwelling with the walls, as he would do with the walls of his own home.[433]]

Q&A May one lean on the walls?[434] Yes.   May a fridge or closet be used as a wall for the Sukkah, if it will be used during Sukkos?[435] 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?[436] 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?[437] Ground:[438] The ground itself may be benefited from and hence even if the Sukkah fell apart during Sukkos, or was dismantled, one may use the ground space for other purposes.  Wooden floor: Some Poskim[439] 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:[440] 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 dismantled during Sukkos? Some Poskim[441] 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?[442]

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.[443] 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:[444] 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.[445]

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!

 

14. Noiy Sukkah-Sukkah decorations:

A. The Custom:[446]

It is a widespread and old age custom amongst Jewry to decorate the Sukkah with different fruits, ornaments, and valuables.[447] It is a Mitzvah to do so.[448] This is done to express beautification of the Mitzvah, and it is thus fit to be done and those who do so are praised.[449]

What to use as decorations: The custom of the world is to hang all matters of value in the Sukkah, such as decorative sheets and the like.[450] One hangs fruits and other delicacies [including drinks and other liquids[451]].[452] Some hang a pumpkin on the Sukkah as a decoration.[453] One should not hang Shatnez materials around the Sukkah as a decoration, unless it is higher than the head of a man.[454] [It is proper to beautify the Sukkah with works of embroidery, including sheets and tarps, and to hang fruits of significance in it such as almonds, and nuts, peaches, pomegranates, grapes, wines, oils, flours, and stalks of grain.[455] Some would make ornaments in the shape of birds.[456] Others hang fruits of the seven Minim. Some hang Esrogim.[457] Others hang the Paroches of the Aron Kodesh in their Sukkah.[458]]

The Chabad custom:[459] The Chabad Custom, however, is not to decorate the Sukkah.[460] We do not place the decorations neither under the Sechach or under the walls.[461] This is likewise the custom of other communities.[462] The reason for this is because Chabad philosophy preaches Penimiyus, and that one should see the beauty of the Sukkah in the Sukkah itself without any artificial decorations.[463] [Nonetheless, even according to Chabad custom, seemingly one may put up a decorative sheet as a wall of the Sukkah, and it is not required to be blank. Likewise, pictures of Tzadikim may be placed. Also, if one’s children made decorations, one may consider hanging them for educational purposes, to encourage the child in the Mitzvah of Sukkah and make them feel happy with their projects.]

Q&A May decorations that were manufactured for the gentile holidays [i.e. Christmas] be used for a Sukkah?[464] Yes. The decorations do not become prohibited in use unless they are purchased second hand after being used by the church and the like. Their simple manufacturing does not prohibit them. Thus, one may purchase bulbs and lights for one’s Sukkah from a store even if it is also purchased for the gentile holiday decorations. Nonetheless, one should not use decorations that are distinct in use for the gentile holidays in areas that those gentiles are found.[465] May one use mechanical chirping birds as decorations for one’s Sukkah?[466] Yes, they may be used even on Shabbos and Yom Tov.

B. How to hang the decorations:[467]

All decorations which will hang from the top of the Sukkah [i.e. the Sechach or beams] are to be placed within 4 Tefach [32 cm.] from the Sechach in order so it be considered nullified to the Sechach and not be viewed as an obstruction between the Sechach and the person eating under it. This applies even if the decoration is not 4×4 Tefach in dimension.[468] See Chapter 2 Halacha 20C for the full details of this subject!

Q&A May one hang a protruding decoration on one’s wall below the four Tefach mark?[469] If the decorations protrude from the wall and people may come to eat under the decorations, then they should be placed within four Tefachim from the Sechach. If the decoration is within 4 Tefach from the Sechach but rolls down past the 4 Tefach then it is questionable whether it is considered an interval or not, and practically it should be avoided. May one place decorations within four Tefach from the Sechach if they extend below four Tefachim from ones Sechach?[470] This is to be avoided due to it being questionable whether or not this decoration is nullified to the Sechach and hence perhaps it is an interval between the person and the Sechach.[471] However, there are Poskim[472] who are lenient in this matter so long as the top of the decoration is within four Tefach from the Sechach. Must one hang a candelabra and the electric lights within four Tefachim from the Sechach? See Chapter 2 Halacha 20 D in Q&A!

 

C. Benefiting from and making use of the Sukkah decorations:[473]

The letter of the law:[474] 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[475]].[476] This applies whether the decorations are attached to the Sechach or the walls of the Sukkah.[477] 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[478]]. This applies even if the decoration fell off the Sukkos.[479]

If a stipulation was made before Yom Tov:[480] If one stipulated on Erev Yom Tov before the start of Sukkos, before Bein Hashmashos, by [verbally[481]] 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.[482] [This applies whether they are hanging on the walls of the Sukkah or the Sechach of the Sukkah.[483]] 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.[484] 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.[485] 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.[486] 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.[487] 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.[488]

The custom:[489] 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.[490] Nevertheless, initially it is proper to stipulate on this matter from before Yom Tov.[491]

Who should stipulate?[492] [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].[493] 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.[494]

Removing the decorations on Shabbos/Yom Tov:[495] 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.[496] If they are tied with plastic zip lock strips, then seemingly they may not be cut free on Shabbos and Yom Tov.[497] 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.]

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[498]]. May one move, or remove, the decorations from the Sukkah if he does not plan on making a use with them?[499] 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.[500] 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.[501] 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[502] 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[503] 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[504] 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[505] 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?[506] 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?[507] No, unless they were entered also for beauty purposes, in which case they are forbidden unless a stipulation was made.

D. From when does the benefit prohibition against the Sechach and walls take effect?[508]

The prohibition against getting benefit from the ornaments 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.[509] 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, one may use and benefit even from its Sechach, and certainly from its walls and decorations. [This applies even if the Sukkah remains from year to year, nevertheless each year after Sukkos its Kedusha leaves and is only reinstated after one dwells in it that year for the sake of the Mitzvah.[510]]

Q&A May one benefit from the ornaments after Sukkos? What should one do with them after Sukkos?[511] The decorations are only prohibited in benefit during Sukkos itself, however, after Sukkos they may be used and benefited from [for non-belittling purposes]. All edible decorations, such as fruits and drinks, are to be consumed and not thrown out due to Bal Tashchis. Those items that can be recycled for another Mitzvah, such as using the decoration wine for Kiddush and flour for Lechem Mishneh, and oil for Chanukah candles, should have this done to them. If they are no longer fit for eating, then they should be discarded in a respectful manner. The same applies for all decorations that one wishes to discard that they should be discarded in a respectful manner.[512]

E. Writing verses on the wall of one’s Sukkah:[513]

One may not write or engrave verses of scripture, such as “Basukkos Teishvu” on items or walls of the Sukkah, as it is forbidden to write verses of the Torah unless one is writing them in a complete Sefer[514], and engraving is just like writing regarding this matter. Thus, those people who engrave the verse of Basukkos Teishvu on a pumpkin and hang it on the Sukkah as a decoration need to be protested. [Practically, however, many are lenient in this matter especially if one is skipping a few letters from the verse, or not spelling out Hashem’s name.[515]]

                  

15. Taking apart the Sukkah:

A. Taking apart a Sukkah during Chol Hamoed:[516]

One may not take apart his Sukkah [during Chol Hamoed, even] on the seventh day.[517] [Some Poskim[518] rule that this applies even if one no longer needs to use the Sukkah, such as if he has another Sukkah available.[519] Other Poskim[520] however are lenient in this matter in a time of need. However, if it is not a time of need then it may not be taken apart due to the prohibition of destroying an item during the Moed.[521]]

Q&A May one take apart his Sukkah during Chol Hamoed if he plans to rebuild it elsewhere? Some Poskim[522] rule it is forbidden to take apart a Sukkah during Chol Hamoed even if one desires to erect it in a different area as by doing so one is nullifying its holiness. Other Poskim[523] rule it is permitted if one plans to rebuild the Sukkah in another area. May one take apart a portable fold up Sukkah?[524] If the Sukkah is erected for the first time on during Chol Hamoed with a stipulation to allow one to benefit from the Sukkah whenever one wishes [as explained in the previous Halacha’s] then some Poskim rule that it is permitted to take it down on Chol Hamoed as one wishes, even according to the stringent opinion mentioned in the previous Q&A. If, however, it was erected before Sukkos, then it is subject to the above debate. Thus, it is best to erect a portable Sukkah on Chol Hamoed [as opposed to before Yom Tov] in order to avoid the debate and be permitted to undo the Sukkah according to ones needs. [However, according to Admur who seemingly invalidates a stipulation on the Sechach even when erected during Chol Hamoed, there would seemingly be no advantage of erecting it during Chol Hamoed and it will still be subject to the above debate.[525]]

B. What is one to do with the Sukkah after Sukkos?[526]

After Sukkos one is not required to bury the wood used for Sechach and it may be used and benefited from as one sees fit. Nevertheless, it is proper to beware not to use it for a belittling use as this is disrespectful to the Mitzvah. It goes without saying that one may not trample on the Sechach in order not to do a belittling act with it. See Chapter 16 Halacha 5 for the full details of this matter!

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[1] Piskeiy Teshuvos 625:1; 640:7

[2] See Admur 625:1 who calls it a Mitzvah “It is a Mitzvah to build.as a Mitzvah that comes to one’s hands..”; 641:1 “The Sukkah is not the completion of the Mitzvah” which implies that nonetheless it is the start of the Mitzvah; Rambam Brachos 11:8 “Any Mitzvah that contains another Mitzvah after doing it.”; See Menachos 42b; Rashi Makos 8a; Yerushalmi Brachos 9:3 that even a blessing is recited; Avnei Nezer O.C. 459 that even according to the Bavli there is a Mitzvah to do so; Emek Sheila on Sheilasos Mitzvah 169; Likkutei Sichos 17 p. 188 footnote 56 that even according to the Bavli there is a Mitzvah to do so; See Mikraeiy Kodesh Sukkos 1:25; Kinyan Torah 3:90; Moadim Uzmanim 1:80; Mishneh Halachos 8:237; 10:72

Other opinions: Some Poskim rule that a Hechsher Mitzvah is not considered a Mitzvah at all. [See Chasam Sofer Y.D. 10; Chelkas Yoev 27; Minchas Elazar 4:55]

[3] Admur 641:1 “The building of the Sukkah is not the completion of the Mitzvah, as the main Mitzvah is only fulfilled when dwells in the Sukkah during the holiday itself”; Chasam Sofer Y.D. 271; Chelkas Yoev 27; Minchas Elazar 4:55; See Menachos 42b; Piskeiy Teshuvos 641:1; So rule regarding Tzitzis: Admur 19:1; Michaber 19:1; Menachos ibid

Other opinions: Some Poskim rule that a Hechsher Mitzvah is also considered a Mitzvah in its own right. [Yerushalmi Brachos 9:3; Avnei Nezer O.C. 459 that so agrees also Bavli; See Biur Halacha 656 “Afilu” and Likkutei Sichos ibid]

[4] Admur 641:1; Kunturs Achron 263:3; Michaber 641:1; Rambam Brachos 11:8; Menachos 42b “Laasos Sukkah is not recited”; Sukkos 46a; Tosafos Sukkah 46a; So rule regarding Tzitzis: Admur 19:1; Michaber 19:1; Menachos ibid

Other opinions: The Yerushalmi rules that one is to recite a blessing upon building the Sukkah. [Yerushalmi Brachos 9:3 “One who makes a Sukkah for himself says the blessing of Asher Kidishanu Bemitzvosav Vetzivanu La’asos Sukkah”]

[5] The reason: As the building of the Sukkah is not the completion of the Mitzvah, as the main Mitzvah is only fulfilled when dwells in the Sukkah during the holiday itself. [Admur ibid and in Kuntrus Achron ibid] Vetzaruch Iyun from Bedikas Chameitz, in which case we a blessing is recited at the time of Bedika even though the Mitzvah is only fulfilled the next day.

[6] Admur 641:1; Michaber 641:1; Tur 641:2; Sukkah 46a; M”A 641:1

[7] P”M 643 A”A; Biur Halacha 641:1 “Kesheoseh”; Kaf Hachaim 641:4

[8] The reason: From the letter of the law, the blessing of Shehechiyanu should be recited when building the Sukkah that one plans on dwelling in, as it is a mitzvah that comes on occasion. Likewise, if someone else is building one’s Sukkah for him, it is proper that he the owner of the Sukkah who will dwell in it during Sukkos, say the blessing of Shehechiyanu at the time that it is being built. The reason for this is because the main blessing was established on the joy that a person receives from an uncommon mitzvah that only comes on occasion, and the main joy is to the owner of the Sukkah and not to the person who makes it. [Admur ibid] See Biur Halacha 641:1 “Liatzmo”;

[9] The reason: The custom is not to say the blessing of Shehechiyanu at all when building the Sukkah even when one is building his own Sukkah, being that we rely on the blessing of Shehechiyanu will be recited during kiddush of the night of Yom Tov for the sake of the mitzvah of sanctifying the holiday, which is also a mitzvah that comes only on occasion, and deserves a blessing of Shehechiyanu. Now, this blessing of Shehechiyanu said during kiddush counts for both Mitzvos. [Admur ibid]

[10] Admur 641:2; Kaf Hachaim 641:11

[11] Admur 641:2

[12] Rama ibid; See Poskim in Biur Halacha 641:1 “Ela” and Kaf Hachaim 641:7 regarding if the blessing of Shehechiyanu is to be repeated in Kiddush in such a case

[13] Admur 625:1; Michaber 625:1; Rebbe Eliezer Sukkah 11b; See Piskeiy Teshuvos 625:1

Other opinions: According to Rebbe Akiva [Sukkah ibid] we slept in actual Sukkos, and the reason behind the holiday of Sukkos is to remember all the kindness that Hashem provides us with throughout the year, as in the desert we lived in considerable lack of wealth, not having any land or produce. Thus, in order to remind us of this, and give gratitude to G-d for all that he has provided us with, therefore we sleep outside of our homes in a Sukkah and learn to gain appreciation for all that we have. [Rashbam Sukkah ibid; P”M 625 M”Z 1 agrees with reason of Rashbam, as we rule like Rebbe Akiva versus Rebbe Eliezer]

[14] Vayikra 23:42

[15] Admur ibid and 429:4; Michaber ibid; Bach 625; Levush 625; Rashi and Ramban on Vayikra 23:43; Rebbe Eliezer in Sukkah ibid; See Birkeiy Yosef 625 in name of Toras Kohanim for opposite Girsa of opinions; See Bach and Taz 625 for different explanations of their debate

Other opinions: According to Rebbe Akiva, we slept in actual Sukkahs and not in clouds of glory. [Sukkah ibid]

[16] So is written in some prints of Admur ibid. In other prints the word says “Vichein”; See Likkutei Sichos 32:140

[17] Likkutei Sichos 20 p. 267; See Teshuvah Hageonim ibid “However, the people of the city are not to rely on the Shul’s Sukkah to fulfill their obligation, as one only fulfills his obligation with a Sukkah that he makes near his home.”

[18] Teshuvos Hageonim Tractate Sukkah 51-53 “Regarding that which you asked if today one is obligated to build a Sukkah in synagogues and Batei Medrash or not? The answer is as follows: We know that the Jewish people are only obligated to build a Sukkah near their home where they can eat and drink just as they do in their home, while a synagogue is only designated for prayer. Nonetheless if they build a Sukkah for the sake of the passersby and guests this is a very good thing.”; Machazik Bracha 639:2; Zekan Aaron 165; Kaf Hachaim 639:78; Likkutei Sichos 19 p. 289

[19] See Teshuvah Hageonim ibid “However, the people of the city are not to rely on the Shul’s Sukkah to fulfill their obligation, as one only fulfills his obligation with a Sukkah that he makes near his home.”; Kaf Hachaim ibid

[20] Gloss of Chasam Sofer 640; Bikureiy Yaakov 640:13; M”B 640:24; Shaar Hatziyon 640:30

[21] Chasam Sofer ibid; Shaar Hatziyon ibid

[22] Mishneh Halachos 6:115; Piskeiy Teshuvos 640:7

[23] The reason: As we apply here the rule of Teishvu Keiyn Taduru, and one is thus exempt from the Mitzvah.

[24] See regarding a traveler, and seemingly the same would apply here: Elya Raba 640:22; Shaareiy Teshuvah 640:11; P”M 640 A”A 15; Kaf Hachaim 640:69; 77

[25] Mikraeiy Kodesh Sukkos 1:25; Betzel Hachochmah 5:171; Kinyan Torah 4:76; Shraga Hameir 5:72; Piskeiy Teshuvos 641:2

[26] See Moadim Uzmanim 8:80; Piskeiy Teshuvos 625 footnote 13

[27] Rama 624:5

Ruling of Admur: Vetzaruch Iyun as to why this was omitted by Admur.

Other Opinions: Some Poskim rule one is to build the Sukkah before Yom Kippur in order so its Mitzvah becomes included in one’s verdict for the coming year. Others arbitrate that the walls are to be built before Yom Kippur while the Sechach is placed after Yom Kippur. [Shaareiy Teshuvos]

[28] Sefer Haminhagim p. 59; Otzer Minhagei Chabad p. 255; Aruch Hashulchan 624:7; Kaf Hachaim 624:35

[29] Admur 625:1; Rama 625; Maharil Hilchos Sukkah; M”A 625:1; M”B 625:2

[30] M”B 625:2

[31] M”B 625:2 based on Rama 624:5 who writes that the start of the building is to take place on Motzei Yom Kippur

[32] The reason: The reason for this is because one is not to delay the performance of a Mitzvah which he has the ability to fulfill. [Admur ibid; Rama ibid; Maharil ibid; See Mechilta Bo 9]

[33] Mateh Efraim 624:15; Piskeiy Teshuvos 625:3

[34] See Piskeiy Teshuvos 625:4

[35] P”M 625; M”B 625:2; Mateh Efrayim 625:9 regarding Baal Nefesh; So rule regarding Melacha on Erev Shabbos: 1^st opinion in Michaber 251:1; 1^st opinion in Admur 251:2 regarding Melacha on Erev Shabbos and from his final ruling it is evident that there is room to be stringent; Mordechai and Tur, and so rules the Bach and Levush

[36] Mateh Efrayim 625:9; Bikureiy Yaakov 625:5; So rule regarding Melacha on Erev Shabbos: 2^nd opinion in Michaber 251:1; 2^nd opinion in Admur 251:2 and final ruling that one may be lenient by a dispute regarding a Rabbinical prohibition; Admur 256:1; Taz 251:1 one who is lenient does not lose; Magen Avraham 251:4; Rashi; Ketzos Hashulchan [69:6

[37] See conclusion of Admur 251:1 that one who is lenient does not lose the Siman Bracha

[38] Admur 251:2; Michaber 251:1

[39] See Mateh Efraim 625:28; Piskeiy Teshuvos ibid

The reason: As a) It is for the need of Yom Tov, and B) It is for the sake of a Mitzvah. Vetzaruch Iyun from the wording or Mateh Efrayim and M”B ibid, although perhaps they were merely referring to by what time should one plan to have it built by, and not bedieved if one did not yet do so.

[40] P”M 625 A”A 1

[41] Kaf Hachaim 624:35; Pesach Hadvir 3:250; Piskeiy Teshuvos 625:4

[42] M”B 637:1; See Meged Yehuda on 1 on Shut Magidos 109 that there is a debate in the Poskim as to whether the building prohibition is Biblical or Rabbinical on Yom Tov; See P”M 315 A”A 2 [Biblical]; Ateres Chachamim 6 and Beir Yitzchak 13 [Rabbinical]

[43] Admur 637:1; Michaber 637:1; Rambam Sukkah 6:15; Chachamim in Sukkah 27b; Taz 637:1; See Piskeiy Teshuvos 638:3

Other opinions in Talmud: Rebbe Eliezer is of the opinion that the Sukkah must be built before Sukkos, otherwise it is invalid. [See Sukkah ibid]

[44] The reason: Now, although the verse [Devarim 16:13] states that one is to build his Sukkah [to dwell in it] for seven days, the intent is not that one has to make a Sukkah that is fit to be dwelled in for seven days, and is hence coming to exclude building the Sukkah on Chol Hamoed being that there are no longer seven days remaining for one to dwell in it. Rather, the intent of the verse is that one is to build the Sukkah throughout any of the seven days. Thus, if one did not build it [before] the first day he is to build it on the second day. [Admur ibid] Likewise, one is not required to live within the Sukkah for seven days to fulfill the Mitzvah and rather even if he remains within the Sukkah for only part of the time, he fulfills the Mitzvah.

[45] See Kaf Hachaim 637:5; Piskeiy Teshuvos 626:10; Nitei Gavriel 62:16; 18:7-8

[46] P”M 630 A”A 19; Shut Magidos of P”M 109; M”B 637:1 in name of Pischeiy Olam 637:2 in name of Shoel Umeishiv Reviah 3:25; See Admur 315:1; Michaber 315:1; Shabbos 125b

The reason: This is forbidden due to both the Ohel and Muktzah prohibition.

[47] M”B ibid; Pischeiy Olam ibid; Shoel Umeishiv ibid; Kaf Hachaim ibid

The reason: It is forbidden to replace the Sechach due to the Ohel prohibition. [See Kaf Hachaim ibid] Now, although it is permitted to add to an already established Ohel of a Tefach, this only applies by a temporary addition, however the addition of Sechach during Sukkos for the sake of a Mitzvah is considered permanent. [See Meged Yehuda on Shut Magidos 3 of P”M 109]

Other opinions: Some Poskim rule that if there remains a Tefach of Sechach that was no blown off, then one may replace it with a Shinuiy. [Nitei Gavriel 18:8; Vetzaruch Iyun Gadol how he ignored all the above Poskim!]

[48] Shut Magidos of P”M 109 [See also P”M 626 A”A 8]; Kaf Hachaim ibid; Nitei Gavriel ibid; Omitted from M”B ibid, Beir Yitzchak 13

[49] Implication of P”M 630 A”A 19 regarding Yom Tov, brought [and negated] in Kaf Hachaim ibid [unlike P”M 626 A”A 8]; Shut Magidos of P”M 109 regarding even Shabbos; Birkeiy Yosef 626:11; Lev Chaim 2:109; Pischeiy Olam ibid in name of Beir Yitzchak 13; Bikureiy Yaakov 626:11; Ateres Chachamim 6; M”B ibid; Piskeiy Teshuvos ibid; Nitei Gavriel ibid; See Admur 586:24; 594:2 and Chapter 3 Halacha 4

Other opinions: Some opinions question the allowance to even ask a gentile to do it on Shabbos or Yom Tov, due to the prohibition of Amirah Lenachri, as perhaps the placing of Sechach on the Sukkah is a Biblical prohibition. [P”M 626 A”A 8; Kaf Hachaim ibid] Other Poskim rule that it is only permitted on Yom Tov and not on Shabbos. [See Beis Yitzchak ibid; Piskeiy Teshuvos ibid]

[50] Admur 315:3 “There is never a case that [making] a temporary divider would be forbidden with exception to if made in order to Halachically legalize the status of a Sukkah as will be explained in chapter 630 [Halacha 12 in Michaber/Rama]”; Michaber and Rama 315:1; Rabbeinu Tam Shabbos 125b; Thus, while one may not make the 3^rd wall of the Sukkah on Shabbos [Michaber 630:12] he may make a fourth wall. [Rama ibid; Rabbeinu Tam Tosafos Shabbos 125b]

[51] Ateres Chachamim ibid; Nitei Gavriel ibid

[52] Michaber 635:1; Sukkah 8b; See Piskeiy Teshuvos 635:1

[53] Bikureiy Yaakov 635:2; See Admur 14:2

[54] Taz 636:3

The reason: As if even a Sukkah built by a Jew before 30 days before Sukkos must be renewed, then certainly a Sukkah built by Ganbach/Rakvash for shade purposes must be renewed. [Taz ibid]

[55] Taz 636:3; Aruch Hashulchan 636:2; Omitted from all previous Poskim

[56] The reason: As the entire reason for why it does not require a renewal when made within 30 days is because we assume it was made for the sake of the Mitzvah and not for the sake of shade. However, when the above people of Ganbach/Rakvash make Sukkos, it is done for shade even within 30 days before Sukkos, and hence should require renewal. [Taz ibid as explained in Levushei Serud 636; See also Aruch Hashulchan 636:1]

[57] Taz 636:3 in name of Ran; M”A 636:1; Rabbeinu Yerucham; Implication of Bavli Sukkah ibid who omits any mention of a renewal being required; Implication of Poskim regarding Sukkos Ganbach and Rakvash who all omit such a requirement; Aruch Hashulchan 636:2

Opinion of Admur: Seemingly, according to Admur, from the letter of the law we should require a renewal by such a such a Sukkah otherwise it is invalid, just as is implied to be his opinion regarding a Sukkah Yeshanah. Vetzaruch Iyun, as in any event the entire idea that a Sukkas Ganbach requires renewal even within 30 days is of the Taz ibid, who agrees that it is never a requirement even before 30 days. Vetzaruch Iyun.

[58] Sukkah 8b

[59] See Nitei Gavriel 25

[60] Sukkah 8b “Ganbach Sukkah..Nashim…Mikol Makom Kesheira”

[61] Michaber 635:1

[62] Bikureiy Yaakov 635:2

[63] 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]

[64] 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]

[65] 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]

[66] 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]

[67] 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.

[68] Michaber 635:1; Sukkah 8b; Implication of Admur and Rama ibid; Piskeiy Teshuvos 14 footnote 10; Nitei Gavriel 25:4

[69] P”M 14 A”A 3

[70] Sefer Hasukkah Hashaleim Miluim 11:10 in name of Rav Chaim of Brisk; Orchos Rabbeinu 2:202 that the Steipler was careful in this

[71] Bikureiy Yaakov 635:2

[72] Chida in Avodas Hakodesh 24:2

[73] Bikureiy Yaakov 635:2 based on M”A 649:8

[74] 635:1

[75] Kaf Hachaim 625:11; Kitzur SHU”A 134:1; Alef Lamagen 624:15; Emek Sheila on Sheilasos Mitzvah 169; Piskeiy Teshuvos 625:3; see Likkutei Sichos 20 p. 267 that the Rebbe learns for the below mentioned reason that each family should build their own Sukkah

[76] Kitzur ibid

[77] The reason: As it is a greater Mitzvah for one to personally do the Mitzvah than to do so through a messenger. [Kaf Hachaim 625:11]

[78] Kaf Hachaim ibid

[79] Piskeiy Teshuvos ibid

[80] Hamelech Bemisibo 2:53

[81] Parshas Kedoshim

[82] Admur 637:2; Michaber 637:1; Tur 627:1; Chachamim Sukkah 27b; Levush 627:1

[83] Admur 637:3; Sukkah 27b

[84] The reason: Although the Torah states [Devarim 16:13] “Chag Hasukkos you shall make for yourselves” which means that one must own the Sukkah hence excluding the Sukkah of a friend, nevertheless one fulfills his obligation with a borrowed Sukkah. The reason for this is because when one enters his friends Sukkah with permission it is considered as if it is his, as the words “make for yourself” is only coming to exclude a stolen Sukkah, as will be explained in 637:5. [Admur ibid; This means to say that the verse does not require one to actually legally own the Sukkah but rather that one own the right to dwell in the Sukkah just like as if it was his. Thus, if borrowed it is valid as one receives the legal right to dwell in it just as if it were his. However, a stolen Sukkah one has no dwelling rights and it is hence invalid.] 

[85] Admur 637:3; Michaber 637:1; Tosafos Sukkah ibid; Rivash 347

[86] The reason: This is not considered stealing as it was under this premises that the partnership was made, that each partner be able to use it as he wishes. [Admur ibid; Rivash ibid]   

[87] See Admur 637:4-12; Piskeiy Teshuvos 637:4-5

[88] The reason: As the Torah states [Devarim 16:13] “Chag Hasukkos you shall make for yourselves” which means that one must own the Sukkah hence excluding a stolen Sukkah. [Admur ibid] See Minchas Chinuch 325; Piskeiy Teshuvos 637:5

[89] See Admur 637:11 that a stolen Sukkah property is initially invalid being that it does not belong to him.

[90] Admur 637:4

[91] Admur 637:4; Michaber 637:3; Rav Nachman Sukkah 31a

If a Jew built a Sukkah in someone else’s property without permission, and the owner of the land then kicked him out of the Sukkah and dwelled in it: The owner of the land does not fulfill his obligation as it is considered stolen in his hands, and is considered like his property being that it is truly resting within his property. [Admur 637:7; Rama 637:3; Tosafos Sukkah 31a]

If a Jew built a Sukkah in someone else’s property with permission, and the owner of the land then kicked him out of the Sukkah and dwelled in it: The owner of the land fulfills his obligation as it is considered stolen land, and is not considered like his property, being that it is not resting in his property but rather in the property that was lent to his friend. [Admur 637:8; M”A 637:7]

Cutting Sechach from gentile owned land: When cutting Sechach from a gentile owned land with permission of the owner, he should have the gentile owner cut it for him, or have another Jew cut it for him. [Admur 637:12; Rama 637:3; See Admur 649:8]

[92] However, initially he may not do so [as aside for the stealing prohibition] as the Sukkah is not considered actually his, and the Torah stated “Taaseh Lecha,” that it should be yours. It is not similar to a borrowed Sukkah which was lent to him with his permission and is considered like it is actually his. [Admur 637:11]

[93] The reason: As ground is not able to be stolen. This means that the Halachic definition of possessing a stolen object does not apply to land as it does to moveable objects. As stolen moveable objects are considered within the status and property of the robber for all purposes. Thus, if the moveable object increased in price, this increase is considered to belong to the robber. However, by land, an increase in price of the land belongs to the original owner and not to the robber, being that the land remains in the original owner’s property and is merely considered borrowed in the hands of the robber. The same applies for all matters attached to the ground, that they have the same status as ground of which the robber does not acquire them, and it is rather considered borrowed in his hands. Accordingly, the Sukkah which is attached to the land is not acquired to the robber and is rather considered like borrowed in his hands, and he therefore fulfills his obligation with it just as he fulfills his obligation with a borrowed Sukkah. [Admur ibid; See Admur 649:8; Hilchos Gezeila 11; Michaber C.M. 371:1; Chachamim in Bava Kama 117b]

[94] Admur 637:11

The reason: The reason for this is because since the Sukkah is stolen it is not considered like one is saying a blessing but like one is blaspheming Hashem. [Admur ibid]

[95] Admur 637:5; Michaber 637:3; Sukkah 31a; M”B 637:16

[96] Biur Halacha 637 “Veim”; See Sukkas Shaleim end of 15 and Piskeiy Teshuvos 637 footnote 12

[97] See Shaar Hatziyon 637:22 that if he plans to pay but simply pushes him off from day to day, then he is Yotzei

[98] Biur Halacha 637 “Veim”

[99] See Igros Moshe 1:85; Piskeiy Teshuvos ibid

[100] Admur 637:6; Michaber 637:3; Rashi Sukkah 31a

[101] See Moadim Uzmanim 6:76; Sukkah Hashaleim Miluim 4:28; Piskeiy Teshuvos ibid

[102] Kinyan Torah 4:74; See Piskeiy Teshuvos 637:4

[103] Admur 637:9; Rama 637:3; Taz 637:4; See Piskeiy Teshuvos 638:2

[104] M”B 637:9 in name of Bikurei Yaakov

May other family members give permission? Some Poskim rule that only the wife is valid to give permission and not other family members, such as the children, unless the father explicitly gave them permission to allow others to enter. [Aruch Hashulchan 637:5]

[105] The reason: As perhaps the owner is particular in this as he does not want his friend to see him eating or doing his other needs [in his Sukkah] without his permission. [Admur ibid]

[106] Kaf Hachaim 637:15; Piskeiy Teshuvos ibid

[107] The reason: As certainly the owner will not mind, as a person desires that a Mitzvah be done with his property if it does not incur him any monetary loss. [Admur ibid; 14:9; M”B 637:9]

[108] Piskeiy Teshuvos ibid footnote 3

[109] Admur 637:10; Rama 637:3

[110] The reason: As perhaps the owner of the land minds that one is building a dwelling place in his property without his knowledge, as we do not say one does not mind a Mitzvah being done with his property unless it is done for temporary basis and not when he is using his money on a permanent basis. [Admur ibid; 14:10]

[111] Implication of Admur ibid; Bach 637; P”M 637 A”A 7; Piskeiy Teshuvos 637:3

[112] See Moed Lekol Chaiy 21:25; Sukkas Shaleim 46:5; Piskeiy Teshuvos 637:3

[113] Nitei Gavriel Hosafos chapter 4; Piskeiy Teshuvos 637:3

[114] Admur 637:11; Rama 637:3; Darkei Moshe 637; Yerushalmi Sukkah 3:1 “Gamilel Zavga built a Sukkah in the Shuk and Reish Lakish [or Yehoshua Ben Levi] passed by and asked him who permitted him to do so”; Or Zarua Sukkah 302; Hagahos Ashri Sukkah 16; M”A 637:3; Elya Raba 637:4; Piskeiy Teshuvos 638:3; Nitei Gavriel 4:3

Other opinions: See end of this paragraph.

[115] The reason: The reason for this is because the city belongs to the whole world, including gentiles which certainly do mind if one places a Sukkah there, and hence if one builds a Sukkah there it is considered [like] a stolen Sukkah [i.e. built on stolen property]. [Admur ibid; See Admur Hilchos Gezeilka 33; Michaber C.M. 162:2]

Why is this Sukkah not similar to a borrowed Sukkah: Now although one fulfills the Mitzvah of Sukkah if he builds it on stolen property nevertheless Lechatchilah one may not live in a Sukkah that is on stolen property being that the verse states Taaseh Lecha and such a Sukkah is not actually yours. This is not similar to a borrowed Sukkah being that when it is borrowed, he has permission to use it and it is hence considered his for all intents and purposes of Sukkah. [ibid]

[116] However, initially he may not do so [as aside for the stealing prohibition] as the Sukkah is not considered actually his, and the Torah stated “Taaseh Lecha,” that it should be yours. It is not similar to a borrowed Sukkah which was lent to him with his permission and is considered like it is actually his. [Admur 637:11]

[117] See Elya Raba 637:4, brought in P”M 637 A”A 3, “Therefore, in my opinion one should not protest those who do so”; Mamar Mordechai 637:4; Bigdei Yesha; Mur Ukeztia; Beis Meir; M”B 637:10 and Biur Halacha 637 “Vichein” “Those who are accustomed to be lenient in this are not to be protested, as many Poskim are lenient”; Piskeiy Teshuvos 637:3

[118] See Darkei Moshe 637:1 “However, I have not seen people be careful in this.”; M”A 637:3 who writes that some are not careful in this, although questions it.

The reason: As the gentiles do not mind at all, and it is hence considered Shoel Midaas. [Beis Meir ibid; Bikureiy Yaakov ibid, brought in Biur Halacha ibid]

[119] P”M 637 A”A 3; Bikurei Yaakov 637:6 based on Rama C.M. 162:1, brought in Biur Halacha ibid; Shoel Umeishiv 128, brought in M”B ibid

[120] M”B ibid and Biur Halacha ibid, that perhaps this applies according to all

[121] Admur ibid; M”A 637:3; Derech Hachaim 16

Other opinions: Some Poskim rule that one may recite a blessing on such a Sukkah and that it is not considered a Bracha Levatala. [Elya Raba 637, brought in P”M 637; Mamar Mordechai 637; Bigdei Yesha; Mur Ukeztia; Beis Meir; M”B 637:10 and Biur Halacha ibid; See Kaf Hachaim 637:16]

[122] The reason: The reason for this is because since the Sukkah is stolen it is not considered like one is saying a blessing but like one is blaspheming Hashem. [Admur ibid; See Admur 11:12; Bava Kama 94a]

[123] Implication of wording of Admur ibid; See M”B 637:10 and Biur Halacha 637 “Vichein” “It’s possible that perhaps only by the marketplace where there are passersby is it a problem, as opposed to the sides of the public area near one’s home.”

[124] Piskeiy Teshuvos 637:3; Nitei Gavriel

[125] See Rama C.M. 417:1; Beis Yosef 417 in name of Rashba; Bikurei Yaakov 637, brought in Biur Halacha ibid; Shoel Umeishiv 128, brought in M”B ibid

[126] See M”B and Biur Halacha ibid; See also Shoel Umeishiv ibid that the four Amos of street before ones house is considered ones property. Vetzaruch Iyun; See Nitei Gavriel 4:3

[127] Shoel Umeishiv 1:128; Pischeiy Teshuvah; M”B 637:10; Kaf Hachaim 637:17

[128] Tzaruch Iyun if the building management can give permission despite the protest of other tenants.

[129] Admur 628:4; Michaber 628:4; Mishneh Sukkah 22b

[130] See Q&A!

[131] See Sefas Emes Sukkah 23a; Piskeiy Teshuvos 628:2 footnote 6

[132] Piskeiy Teshuvos 628:2

[133] Admur 628:4 regarding a Sukkah built on a ship or wagon; 628:8 regarding a Sukkah built on camel.

[134] Admur 628:4; Shaar HaTziyon 628:11

[135] Piskeiy Teshuvos ibid

[136] Admur 628:5; Michaber 628:3; Mishneh Sukkah 22b

[137] Regarding if the Sukkah floor partially rests on the ground, and partially on a tree: See Admur 628:9; Michaber 628:3; Mishneh Sukkah 23a

[138] Admur 628:6 that the Shabbos prohibition applies even if only the Sechach rests on the branches

[139] Admur 628:7

[140] Admur 628:7; M”A 629:9

The reason: As initially we only use material that is Kosher for Sechach as a support for the Sechach, as explained in 629, see there for the reason. [Admur ibid]

[141] Admur 336:9

[142] The reason: As the water makes the soil soft for planting, as is done by plowing, as well as the water is placed so the seeds grow, which is like planting. [Admur ibid]

[143] Ketzos Hashulchan 142 footnote 18, Upashut.

[144] Michaber 640:4; Biur Halacha 637:3 “Vichein” and 83:1 “Viyirah”

[145] See Admur 640:6; Rama 640:4

[146] See M”B 84:3 based on Panim Meiros 1:87, brought in Shaareiy Teshuvah 84; Ashel Avraham Butchach 83:1; Kaf Hachaim 83:2; Eretz Tzevi 110-111; Chazon Ish 17:4 and 9; Minchas Yitzchak 1:60; Piskeiy Teshuvos 640:5

[147] See M”B 83:5; Kaneh Bosem 2:2; Piskeiy Teshuvos 640:5; Mikareiy Kodesh Sukkah 1:10

[148] See Piskeiy Teshuvos 640:5; Sukkah Kehilchasa p. 451:10

[149] See Igros Moshe 1:27; SSH”K 22 footnote 113; Beir Moshe 4:7

[150] See Bikurei Yaakov 639:10; Pischa Zuta 639:2; Orchos Rabbeinu 2:224; Sukkas Shaleim 39:10; Piskeiy Teshuvos 639:2

[151] See Lehoros Nasan 2:112; Betzel Hachochma 4:117; Piskeiy Teshuvos 626 footnote 56

[152] Michaber 633:10; Sukkah 4b and 5b

[153] See Shiureiy Torah p. 249 that an Ama Sochekes is 49 cm., and accordingly a Tefach Sochakos is 8.17 cm [i.e. 1/48 of a cm times 8.] and by the Shiur Sukkah of 7×7 one should measure with an Ama Sochakos, and the same would apply here Lechumra. Thus, its exact Shiur is 81.7 cm; See also M”B 633:2 and Shaar Hatziyon 633:2 that by Sukkah we follow the stringent approach in the dimensions, either Dochakos or Sochakos, and by the 7×7 dimension we follow Sochakos, and the same would apply here by the ten Tefach dimension; See also Midos Vishureiy Torah pp. 48-57 regarding Ama Sochakos and Dochakos; Piskeiy Teshuvos 633:1; Minchas Chinuch Mitzvah 325 who rules that by Tefachim we don’t apply the extra Dochakos or Sochakos, and this is only done by Amos

Other opinions-Chazon Ish: According to the Chazon Ish, the measurement is 98.2 cm following the 9.82 measurement of Tefach Sochakos. [See Piskeiy Teshuvos ibid]

[154] See Michaber 633:9-10 and Sukkah ibid and 10b regarding if a) there are Sechach pieces and decorations that go into the ten Tefachim and b) if one dug out the floor of the Sukkah so it reach ten Tefachim.

[155] Michaber 633:1; Tana Kama in Mishneh Sukkah 2a

Other opinions in Mishneh: Rebbe Yehuda is of the opinion that a Sukkah which is higher than 20 hours is valid. [Mishneh Sukkah ibid]

Other details: Sechach is higher than 20 Amos, but it has pieces of it which reach within twenty: See 633:2; Its inside contains more than 20 Ama and hung decorations or covered floor with pillows or earth, or platform/Itztaba, which now makes it contain less: 633:3-7

[156] See Shiureiy Torah p. 249 that an Ama Dochakos is 47 cm. [as opposed to 48 for a regular Tefach], and by the Shiur Sukkah of 7×7 one should measure with the stringent approach of an Ama Sochakos, and the same would apply here Lechumra to measure the twenty Amos as Dochakos. See also M”B 633:2 and Shaar Hatziyon 633:2 that by Sukkah we follow the stringent approach in the dimensions, either Dochakos or Sochakos, and by the 7×7 dimension we follow Sochakos, and the same would apply here by the 20 Amos dimension; See also Midos Vishureiy Torah pp. 48-57 regarding Ama Sochakos and Dochakos; Piskeiy Teshuvos 633:1 writes that its 938 cm according to Grach Nah, taking into account the Dochakos according to Chazon Ish, as he explains there in footnote 2

Other opinions-Chazon Ish: According to the Chazon Ish, the measurement is 1,130 cm following the 9.42 measurement of Tefach Dochakos. [See Piskeiy Teshuvos ibid]

[157] The reason: The reason for this is because the Sechach is considered to be unable to provide shade when it is more than twenty Amos from the floor.

[158] Michaber 634:1; Rav Huna Sukkah 2a-3b and 16a that the Sukkah must hold the head, majority of and body and table; Rosh Sukkah 1; Rif 13a

Does a ledge or step inside of a Sukkah count as part of the 7 by 7 required Tefachim, as is common in porches to have a ledge surrounding it,on which the fence is situated? If the ledge is less than ten Tefachim high, than it counts as part of the 7×7 required Tefachim. If more than ten Tefachim high, it is questionable if it is valid. [See Devar Shmuel 203, brought in Shaareiy Teshuvah 634:3; Bikureiy Yaakov 634:6; Gilyonei Hashas Mahariy Engel Sukkah 16b; Mikraeiy Kodesh Sukkos 1:3; Chelkas Yaakov 3:16; Orchos Rabbeinu 2:220 in name of Chazon Ish; Shevet Halevi 8:148; Hasukkah Hashaleim Miluim 5:6 in name of Rav SZ”A; Piskeiy Teshuvos 634:4]

A Sukkah made with two walls pointing diagonally [like this <]: Some say that it should be viewed as three walls, however the space in the corner which does not contain 7×7 Tefachim is invalid to sit in. [See Chazon Ish Eiruvin 72:5; Piskeiy Teshuvos 634:2]

[159] See Shiureiy Torah p. 249 that an Ama Sochekes is 49 cm., and accordingly a Tefach Sochakos is 8.17 cm [i.e. 1/48 of a cm times 8.] and by the Shiur Sukkah of 7×7 one should measure with an Ama Sochakos. Thus, its exact Shiur is 57.19 cm; See also M”B 633:2 and Shaar Hatziyon 633:2 that by Sukkah we follow the stringent approach in the dimensions, either Dochakos or Sochakos, and by the 7×7 dimension we follow Sochakos, and the same would apply here by the ten Tefach dimension; See also Midos Vishureiy Torah pp. 48-57 regarding Ama Sochakos and Dochakos; Piskeiy Teshuvos 633:1; Minchas Chinuch Mitzvah 325 who rules that by Tefachim we don’t apply the extra Dochakos or Sochakos, and this is only done by Amos

Other opinions-Chazon Ish: According to the Chazon Ish, the measurement is 68.74 cm following the 9.82 measurement of Tefach Sochakos. [See Piskeiy Teshuvos ibid]

[160] Rama 631:10; Tur 631

[161] Michaber 632:3

Explanation: Meaning that it does not suffice for there to be 7×7 Tefachim when measuring from outside the walls of the Sukkah, as inside the Sukkah there will be less than 7×7 Tefachim, and the entire reason for requiring 7×7 Tefachim is because a person requires one Ama [six Tefachim by six Tefahcim] of space for his body to sit in, and one Tefach of a table, which is all measured inside the Sukkah.

[162] The reason: As only this size can hold one’s head, the majority of one’s body, and a table. [Sukkah ibid; M”B 634:1 and Shaar Hatziyon 634:1]

[163] M”A 634:1; Taz 634:1; Elya Raba ; Chacham Tzevi ; Mamar Mordechai; M”B 634:1

Other opinions: Some Poskim rule it suffices if the Sukkah contains 7 square Teafch even if there is not Seven Tefach in the width or length. [Bach 634 in name of Tur, brought in Bikuereiy Yaakov 632:7]

[164] Michaber 634:2; Rebbe Yochanon in Sukkah 7b

[165] Michaber 632:3; Rav Ashi Sukkah 10; See however Michaber 633:3 where we rule regarding the 20 Amos that placing decorative items does not diminish the space inside the Sukkah. Vetzarcuh Iyun!

[166] Admur 640:7

[167] The reason: As this is not considered a true pain, as it is common on occasion for people to sleep in a fetal position with the body and limbs bent. [Admur ibid; Rama 640:4; Terumos Hadeshen 92; M”A 640:9

[168] Michaber ibid; Rambam Sukkah 4:1

[169] M”A 634:1; M”B 634:1; Biur Halacha 634:1 “Sukkah” in length; See Bigdei Yesha 634; Bikureiy Yaakov 634

Other opinions: Some Poskim negate the ruling of the M”A and rule that an extension of the Sukkah is valid just like the Sukkah itself and does not need to have its own 7×7 dimension. [Chazon Ish 144:6; Orchos Rabbeinu 2:29; See Bigdei Yesha 634; Bikureiy Yaakov 634]

The status of a Tzuras Hapesach in middle of Sukkah: If a Tzuras Hapesach is made in middle of a Sukkah, it is disputed as to whether it splits the Sukkah in two, and thus requires that both sides contain 7×7 and 3 Kosher walls for it to be Kosher. [See Minchas Yiotzchak 10:50 who rules its valid; Piskeiy Teshuvos 630:4 in name of Poskim that perhaps it is invalid]

[170] Biur Halacha 634:1 “Sukkah”, in negation of Derech HaChaim

Other opinions: Some Poskim rule that a if the length of the extension is not 7 Tefachim it is valid, so long as the width is 7 Tefachim, being that one can join the rest of the Sukkah to its legnth. [Derech HaChaim, brought in Biur Halacha ibid; Chazon Ish 144:6; Chelkas Yaakov 3:16; See Piskeiy Teshuvos 634:1]

[171] Biur Halacha 634:1 “Sukkah” in name of Bikureiy Yaakov

[172] See Q&A!

[173] See Michaber 632:1; Rama 631:10; Tur 631; Beis Yosef 631 and 632; M”A 632:3; Elya Raba 632:3; Piskeiy Tehsuvos 632:6

[174] Rama 631:10; Tur 631

[175] Michaber and Rama 631:10; See Background in coming footnotes!

[176] Michaber 631:10

[177] Rama ibid

[178] See Michaber 632:1 that by a 7×7 Tefach Sukkah the Sukkah remains Kosher so long as one has more than 4×4 Tefachim of Kosher Sechach and the remaining [less than three Tefachim] if of non-Kosher Sechach

Background: See Ran, brought in Beis Yosef 631, that the Sechach wall of the teepee must be 17 Tefachim tall, ten for the height of the wall, and seven for the Sechach, hence implying that it must have seven [x7?] Tefachim worth of Sechach. However, see Beis Yosef in explanation of Rav Hamaggid on Rambam Sukkah 4:7 that according to some opinions [which the Rav Hamagid leans to agree with] there is never a need to have a 7×7 space of Sechach, and so long as it has a Tefach of Kosher Sechach it is valid if it contains a space of 7×7 Tefachim on the ground, and does not contain 3 Tefachim of invalid Sechach, or empty space, on top, such as by a teepee Sukkah. Practically, while the Rav Hamagid himself is stringent, and so seems to be the opinion of the Beis Yosef, in the Tur and Shulchan Aruch no one makes mention of a requirement for there to be 17 Tefachim of slanted wall made from Kosher Sechach. Nonetheless, the Rama ibid rules like the Ran that the slanted walls must be made of material that is Kosher for Sechach being that the walls are the Sechach, and the M”B 631:34 and Kaf Hachaim 631:55 rule that this applies even if it has a flat Tefach of Kosher Sechach. Thus, we see that the Poskim did accept the opinion of the Ran in regards to that a Tefach of Sechach does not suffice and one must include also the walls as Sechach. Vetzaruch Iyun according to this why also the condition of having 17 Tefachim of wall was not mentioned, although perhaps the Rama holds that the walls can serve both as Sechach and walls, Vetzaruch Iyun! Whatever the case, everyone agrees that a Sukkah of 7×7 remains Kosher so long as it contains more than 4×4 of Kosher Sechach [See Michaber 632:1] and hence we can conclude that so long as a Sukkah contains 4×4 Tefachim of Kosher Sechach it is valid even according to the Ran, and that he does not require a space of 7×7 of Kosher Sechach. However, in truth this is seemingly only correct according to the understanding of Elya Raba 632:3 who rules that so long as there is more than 4×4 of Kosher Sechach, then it is valid [under the Kosher Sechach] even if there is more than 3×3 of non-Kosher Sechach. However, according to the M”A 632:3 who rules that it is only valid if in addition to having more than 4×4 of Kosher Sechach it also has less than 3×3 of non-Kosher Sechach, as only then is it nullified to the Kosher Sechach [Taz 632:3; M”B 632:10], then we see that a Sukkah is invalid so long as it does not contain 7×7 of Kosher Sechach, or an exact measurement of 7×7 roofing which contains less than 3×3 of non-Kosher Sechach, in which case we view it as nullified to the Kosher Sechach. Practically, we rule like the M”A ibid. [P”M 632 A”A 3; Siddur Beis Shoeiva 632:11; M”B 632:8; Kaf Hachaim 632:12]  Vetzaruch Iyun why the Poskim don’t add the opinion of the Maggid Mishneh as recorded in the Beis Yosef ibid to prove like the Elya Raba that there is no requirement to have 7×7 Tefachim of Sechach, and that even one Tefach can suffice. Perhaps, however, the reason is because although a single Tefach of Kosher Sechach suffices, one is not allowed to have more non-Kosher Sechach than Kosher Sechach on the roof, or have 3 Tefachim or more of non-Kosher Sechach. Vetzaruch Iyun!

[179] M”A 632:3; P”M 632 A”A 3; Siddur Beis Shoeiva 632:11; M”B 632:8; Kaf Hachaim 632:12

The reason: As in such a case it contains less than 7×7 Tefachim of Kosher Sechach which is the minimum dimension required for a Sukkah. [M”A ibid; Poskim ibid] Now, although earlier we established that one only requires slightly more than 4×4 Tefachim of Kosher Sechach, this only applies in a case that the non-Kosher Sechach or empty space is nullified to the Kosher Sechach, or is considered non-existent, which is only applicable if it contains less than a 3×3 Tefach dimension. [See Bikureiy Yaakov 632:6]

Other opinions: Some Poskim question the above ruling of the M”A ibid and state that so long as the 9.5 by 9.5 Tefach Sukkah contains more than 4×4 Tefachim of Kosher Sechach, the Sukkah is valid and one may eat and sleep under the Kosher Sechach even if the remainder of the ceiling is non-Kosher Sechach and is greater than 3×3 Tefachim, as it is no different than the validation of a 7×7 Tefach Sukkah with slightly more than 4×4 Tefachim of Kosher Sechach. [Elya Raba 632:3; Bikureiy Yaakov 632:6; Hagahos Rav Akivga Eiger 632; Chazon Ish 144:3; See See Piskeiy Teshuvos 632:6] According to this approach, it is understood that there is no need for one to have 7×7 Tefachim of Kosher Sechach, and that so long as one has more than 4×4 Tefachim of Kosher Sechach, and has more Kosher Sechach then sunlight or non-Kosher Sechach, then it is valid. However, see Bikureiy Yaakov 632:6 who explains that even according to this opinion one needs part of the non-Kosher Sechach to join the Kosher Sechach for a total of a 7×7 dimension, and it is just that they rule that even more than 3×3 Tefachim of non-Kosher Sechach can join the Kosher Sechach to make up this dimension. However, this only applies if the non-Kosher Sechach is less than 4×4 Tefachim, as otherwise it is considered its own area of significance and cannot join the Kosher Sechach to make up its 7×7 dimension and is hence invalid. [Bikureiy Yaakov ibid; Chazon Ish 144:3; Piskeiy Teshuvos 632:6]

[180] This does not contradict the ruling by a Tzarif, in which we ruled that having a Tefach roof suffices, as there the slanted walls count as part of the 7×7 required roof and Sechach.

[181] This follows the opinion of the M”A ibid, however, according to the Elya Raba, it would be valid even if the invalid material is stretched more than 3×3 Tefachim, so long as it is less than 4×4 Tefachim.

[182] This follows the opinion of the M”A ibid, however, according to the Elya Raba, it would be valid even if the invalid material is stretched more than 3×3 Tefachim, so long as there is a 4×4 area of Sechach on the sunroof, which is the standard case for almost all sunroofs of vehicles.

[183] In which case it would be invalid even according to the Elya Raba ibid

[184] So is implied from Sukkah ibid regarding the inner rooms of the Sukkah of Hilni the Queen which were made for Tzenius purposes; M”A ibid regarding a corner

[185] Biur Halacha 634:1 “Sukkah” in negation of opinion of Bikureiy Yaakov in his understanding of M”A ibid that only the actual middle of the circle is valid

[186] Piskeiy Teshuvos 634:1 based on ruling of M”A and Poskim ibid who invalidate an extension from a Sukkah being that in that area one does not have a 7×7 space.

[187] Michaber 630:2; Mishneh Sukkah 2a; Tana Kama in Braisa Sukkah 6b

Other Talmudic opinions: Rebbe Shimon is of the opinion that from the letter of the law one must have three walls, and a fourth wall of a Tefach. [Braisa Sukkah 6b]

A Sukkah made with two walls pointing diagonally [like this <]: Some say that it should be viewed as three walls, however the space in the corner which does not contain 7×7 Tefachim is invalid to sit in. [See Chazon Ish Eiruvin 72:5; Piskeiy Teshuvos 634:2]

[188] See Halacha C that in truth, through the rule of Lavud, it is possible to make a Sukkah with even only one complete wall.

[189] Concept of lavud with three strings within three tefach of each other. Opinion of M”A that argues no lavud unless three walls. Opinion in Shua not to make plastic sheet sukkahs.

[190] Admur 638:2 “If he made four complete walls…without mentioning which one was made for the Mitzvah Min Hamuvchar”; Shelah Miseches Sukkah; Beis Hashoeiva; P”M 643 M”Z 4; Chayeh Adam 146:3; Alef Hamagen 626:1; Nitei Gavriel 11:1

Other Opinions: Some Poskim rule that it is a Mitzvah Min Hamuvchar to have three complete walls. [M”B 630:28] Thus according to them even initially there is no need to have four walls. Other Poskim suggest that according to Kabbalah, one only have two walls and a Tefach. [Mishnas Yaakov 630 in name of Maharshak]

[191] See next regarding complete walls versus breached walls, and M”B 630:28 in name of Maharitz Geios

[192] Admur 639:10 “Today the custom is to make four walls for the Sukkah”; Sefer Haminhagim p. 65

[193] M”B 630:28 in name of Maharitz Geios; See Rama 630:4 “Better to make three complete walls than four with breaches”

[194] Rama 630:5

[195] Rama 630:5

[196] Rama 630:3; Taz 630:4; M”B 630:19

[197] Rama ibid and M”B 630:28 that three of the walls are to be made complete without resorting to Lavu and Tzuras Pesach, and M”B ibid in name of Maharitz Geios that aside for the door, it is a Mitzvah Min Hamuvchar for the rest of the Sukkah to be completely closed up from all its directions.

[198] Admur 628:8; M”A 630:14

[199] Michaber 630:10; M”A 630:16; Elya Raba 630:16; M”B 630:48; See also: Admur 315:3; M”A 315:3; Chavos Yair 184; Beir Heiytiv 240:19; Siddur Yaavetz Mosach Hashabbos Mitos Kesef 7 Chulya 3:8; Levushei Serud 315; Ashel Avraham Butchach Tinyana 240:11; M”B 240:25 and 30 and Biur Halacha 240:6 “Ad”; Taharas Yisrael 240:44; Kitzur SHU”A 150:6; Kaf Hachaim 240:44 and 630:65; See Piskeiy Teshuvos 240:17; Sheyikadesh Atzmo 32 footnote 11

[200] M”B 630:48

[201] Chazon Ish 77:6; Piskeiy Teshuvos 630:9

[202] See Michaber 630:9; Admur 315:3; M”A 315:3; Michaber Y.D. 282:8 regarding Sefer Torah; Rama 240:11 regarding candle; Elya Raba 240:14; Olas Tamid 240:3; Kitzur SHU”A 150:6; Kaf Hachaim 240:44; Birur Halacha 240; Piskeiy Teshuvos 240:17-18; Sheyikadesh Atzmo 32:9; Piskeiy Teshuvos 630:8

The law if there is a plank of wood resting on the short wall: See Mikraeiy Kodesh Sukkah 1:7; Chazon Ish 104:6; Piskeiy Teshuvos 630:8

[203] See Shiureiy Torah p. 249 that an Ama Sochekes is 49 cm., and accordingly a Tefach Sochakos is 8.17 cm [i.e. 1/48 of a cm times 8.] and by the Shiur Sukkah of 7×7 one should measure with an Ama Sochakos, and the same would apply here Lechumra. Thus, its exact Shiur is 81.7 cm; See also M”B 633:2 and Shaar Hatziyon 633:2 that by Sukkah we follow the stringent approach in the dimensions, either Dochakos or Sochakos, and by the 7×7 dimension we follow Sochakos, and the same would apply here by the ten Tefach dimension; See also Midos Vishureiy Torah pp. 48-57 regarding Ama Sochakos and Dochakos; Piskeiy Teshuvos 633:1; Minchas Chinuch Mitzvah 325 who rules that by Tefachim we don’t apply the extra Dochakos or Sochakos, and this is only done by Amos

Other opinions-Chazon Ish: According to the Chazon Ish, the measurement is 98.2 cm following the 9.82 measurement of Tefach Sochakos. [See Piskeiy Teshuvos ibid]

[204] The reason: As we apply the rule of Lavud.

[205] Michaber 630:9

[206] Michaber 630:9; See Piskeiy Teshuvos 630:8

The reason: As we apply both the rule of Gud Asik and Lavud to the Sechach. [M”B 630:43] Unlike ruling of M”B 630:31 relating to Dofen Akuma, that we do not apply both Gud Asik and Lavud. See Mikraeiy Kodesh Sukkah 1:7 and Piskeiy Teshuvos ibid footnote 45

[207] 630:9

[208] Michaber 630:9

[209] 632:2; 630:9

[210] Michaber 632:1; See Piskeiy Teshuvos 632:3-4; 635:3

May two neighbors share the same Dofen Akuma? Yes. See Piskeiy Teshuvos 632:2

What is the law if there is a space of no Sechach directly adjacent to the invalid Sechach? If it is less than 3 Tefachim, the Sukkah remains Kosher. [Shut Rav Akiva Eigar 12] This applies even if in total the wall is more than 4 Amos distanced from the Kosher Sechach. [Bikureiy Yaakov 632:10; Piskeiy Teshuvos 632:3]

What is the law if the invalid Sechach is hovering above the Sukkah [i.e. a porch is hovering above the house wall of the Sukkah and is less than 4 Amos wide]? If there is valid Sechach in that area of the Sukkah, we apply the rule of Dofen Akuma, and certainly if there is invalid Sechach there, then it applies. If, however, there is nothing there, then it is disputed amongst Poskim if in such a case we apply the rule of Chavut Rami together with Dofen Akuma. [See Ashel Avraham Butcahch 632; Eretz Tzevi 48; Sdei Chemed 2:16; Piskeiy Teshuvos 632:23]

How to build the Sukkah when relying on Dofen Akuma for a wall: In such a case one is to first build the invalid Sechach near the wall, and only then build the valid Sechach. [Piskeiy Teshuvos 635:3]

[211] See Shiureiy Torah p. 249 that an Ama is 47 Dochakos [as opposed to 48 for a regular Tefach], by the Shiur Sukkah of 7×7 one should measure with the stringent approach of an Ama Sochakos, and the same would apply here Lechumra to measure the four Amos as Dochakos. See also M”B 633:2 and Shaar Hatziyon 633:2 that by Sukkah we follow the stringent approach in the dimensions, either Dochakos or Sochakos, and by the 7×7 dimension we follow Sochakos, and the same would apply here by the 20 Amos dimension; See also Midos Vishureiy Torah pp. 48-57 regarding Ama Sochakos and Dochakos; Piskeiy Teshuvos 633:1 writes that its 187.2 according to Grach Nah, when taking into account the Dochakos according to Chazon Ish, as he explains there in footnote 2

Other opinions-Chazon Ish: According to the Chazon Ish, the measurement is 226 cm following the 9.42 measurement of Tefach Dochakos. [See Piskeiy Teshuvos ibid]

[212] Michaber 632:2; Sukkah 4a

[213] See M”B 632:4 for a dispute on this matter; See Sukkah 4a which implies that we apply the rule of Dofen Akuma even when the wall does not reach the Sechach as the Talmud states that one can validate 20 cubic high Sukkah by making a ledge by the side which is within 4 cubits of the wall, and this ledge obviously does not reach the Sechach. Vetzaruch Iyun

[214] M”B ibid; See Piskeiy Teshuvos 632:3

Other opinions: Some Poskim rule that it is invalid even if it reaches within three Tefachim of the invalid Sechach. [Shut Rav Akiva Eigar 12, brought in Chazon Ish 77:7]

[215] Mikraeiy Kodesh Sukkos 1:110-11; Shevet Halevi 7:56 and 8:146; Shraga Hameir 7:137; Orchos Rabbeinu 2:219; SSH”K 25 footnote 115; Piskeiy Teshuvos 630:3; 635:2; See however Kinyan Torah 3:93 who argues that the Sukkah remains Kosher even when the doors are opened; Koveitz Mibeis Levi 2:23; 3:109 and 162

[216] See Poskim ibid and Piskeiy Teshuvos 630:3

[217] See Michaber 630:2-3 regarding the rules of Lavud; 634:1 regarding the Size of 7×7; Sukkah 3a and 15; Piskeiy Teshuvos 630:7

May one make a wall using Tzuras Pesach? See Biur Halacha 630:2 “Sheyamid” for a dispute between the Ran and Rosh if Tzuras Pesach is a Biblically valid wall for a Sukkah. Practically, it is at the very least Rabbinically invalid. 

The status of a Tzuras Hapesach in middle of Sukkah: If a Tzuras Hapesach is made in middle of a Sukkah, it is disputed as to whether it splits the Sukkah in two, and thus requires that both sides contain 7×7 and 3 Kosher walls for it to be Kosher. [See Minchas Yitzchak 10:50 who rules its valid; Piskeiy Teshuvos 630:4 in name of Poskim that perhaps it is invalid]

[218] See Biur Halacha 630:5 “Ki” in name of Peri Megadim; Piskeiy Teshuvos 630:7; However, see M”B 630:87 that one must always have a full two walls. Vetzaruch Iyun.

Other opinions: Some Poskim rule that a Sukkah is never valid unless it has two complete walls of seven Tefachim. [Chazon Ish 75:1; See Piskeiy Teshuvos 630:1 and 7]

[219] Ateres Zekeinim 630; M”B 630:6 that the Halacha Lemoshe Misinai is that only one of the walls suffices to have a Tefach pole

[220] Rama 630:3

[221] Michaber 630:5

[222] See M”A 630:4 as explained in Machatzis Hashekel ibid; M”B 630:18 and Michaber 630:5

[223] See Rama 630:5; M”A 6390:7; Levushei Serud on M”A ibid; M”B 630:25; Biur Halacha 630:5 “Ki”; Piskeiy Teshuvos 630:7

[224] See Michaber 630:2-3; Piskeiy Teshuvos 630:1-7

[225] Michaber 630:2; Sukkah 6a

[226] See Halacha C for scenarios in which ity is valid even if only one of the walls contains seven Tefachim

[227] See M”B 630:8 as for why it must be more than one Tefach wide, when seemingly so long as it is more than half a Tefach wide it will suffice to take up majority of the seven Tefach length.

[228] 8.16 cm is the measurement of a Tefach Sachuk, as explained in the next footnote

[229] See Shiureiy Torah p. 249 that an Ama Dochakos is 47 cm. [as opposed to 48 for a regular Ama], and accordingly a Tefach Dochakos is 7.83 cm [i.e. 1/48 of a cm times 8, deducted from 8 centimeters] and by the Shiur Sukkah of 7×7 one should measure with the stringent approach of an Ama Sochakos, and the same would apply here Lechumra to measure the three Tefachim as Dochakos. See also M”B 633:2 and Shaar Hatziyon 633:2 that by Sukkah we follow the stringent approach in the dimensions, either Dochakos or Sochakos, and by the 7×7 dimension we follow Sochakos, and the same would apply here by the three Tefachim dimension; See also Midos Vishureiy Torah pp. 48-57 regarding Ama Sochakos and Dochakos; Piskeiy Teshuvos 633:1 writes that its 23.4 according to Grach Nah, when taking into account the Dochakos according to Chazon Ish, as he explains there in footnote 2

Other opinions-Chazon Ish: According to the Chazon Ish, the measurement is 28.26 cm following the 9.42 measurement of Tefach Dochakos. [See Piskeiy Teshuvos ibid]

[230] Taz 630:2; M”B 630:6; See M”B 630:8 as for why we need to have four Tefachim of a full wall, when seemingly so long as it is more than 3.5 Tefachim it will suffice to take up majority of the seven Tefach length.

[231] P”M 630 M”Z, brought in M”B 630:10; Biur Halacha 630:2 “Veyaaseh”. However, see Tosafos Sukkah 7b and P”M 630 A”A 7, who rule that it is only Rabbinically required, as Biblically, simply placing a Tefach pole adjacent to the wall suffices. [Biur Halacha ibid]

[232] Meaning, that if the wall is seven Tefachim long, then the pole is placed by the seven Tefach mark. [M”B 630:9 in name of M”A] However, some Poskim rule thatone is to place it one Tefach over in such a case, so the Tzuras Pesach always maintain a four Tefach distance. [M”B ibid in name of P”M in name of Hagahos Maimanis]

[233] Taz 630:2; M”B 630:6

[234] M”B 630:10; Biur Halacha 630:2 “Veyaaseh”

[235] Levushei Serud 630; P”M 631 A”A 4 in question on Levush; Shaar Hatziyon 630:2; Implication of ruling of Michbaer 631:7 regarding a Pesel that extends past the Sukkah

Other opinions: Some Poskim rule that one must establish the pole at the very end of the opposite wall, even if it is much longer than seven Tefachim. [Levush 630, brought and negated in Shaar Hatziyon ibid; Chazon Ish 75:8; Shevet Halevi 1:169]

[236] Rama ibid rule sthat it may while the M”A 630:2 rules that it may not. The M”B 630:13 concludes like the Rama

[237] Ateres Zekeinim 630; M”B 630:6 that the Halacha Lemoshe Misinai is that only one of the walls suffices to have a Tefach pole

[238] Michaber 630:3; Sukkah 6a; Piskeiy Teshuvos 630:5

[239] M”B 630:14

[240] Four Tefachim is 32.68 using the measurement of 8.16 cm per Tefach for a Tefach Sachuk, as explained in previous footnotes throughout this book

[241] See Shiureiy Torah p. 249 that an Ama Dochakos is 47 cm. [as opposed to 48 for a regular Ama], and accordingly a Tefach Dochakos is 7.83 cm [i.e. 1/48 of a cm times 8, deducted from 8 centimeters] and by the Shiur Sukkah of 7×7 one should measure with the stringent approach of an Ama Sochakos, and the same would apply here Lechumra to measure the three Tefachim as Dochakos. See also M”B 633:2 and Shaar Hatziyon 633:2 that by Sukkah we follow the stringent approach in the dimensions, either Dochakos or Sochakos, and by the 7×7 dimension we follow Sochakos, and the same would apply here by the three Tefachim dimension; See also Midos Vishureiy Torah pp. 48-57 regarding Ama Sochakos and Dochakos; Piskeiy Teshuvos 633:1 writes that its 23.4 according to Grach Nah, when taking into account the Dochakos according to Chazon Ish, as he explains there in footnote 2

Other opinions-Chazon Ish: According to the Chazon Ish, the measurement is 28.26 cm following the 9.42 measurement of Tefach Dochakos. [See Piskeiy Teshuvos ibid]

[242] See M”A 630:3 that perhaps this form of wall is only valid if it is within three Tefachim of the wall, and if not then it is invalid even with Tzuras Pesach, and that perhaps it must be within three Tefachim of both parallel walls. [P”M 630 A”A 4 in understanding of M”A ibid] However, see Machatzis Hashekel who claims there is an error in the M”A ibid and that it should read ten Amos, that only if the wall is a ten Amos distance from one of the walls is it invalid. Practically, the majority of Poskim negate this ruling of the M”A and conclude that it does not have to be within 3 Tefachim of both walls. [See M”B 630:15]

[243]  Michaber ibid brings two opinions; first opinion says it needs a Tzuras Pesach, second opinion says it does not

[244] M”B 630:16 in name of Bach, Elya Raba

[245] Rama ibid

[246] Piskeiy Teshuvos ibid

[247] M”A 630:3 as explained in P”M 630 A”A 3 and Machatzis Hashekel ibid

[248] M”A 630:Hakdama; M”B 630:7; Piskeiy Teshuvos 630:2

Other opinions: Some Poskim rule that Lavud only works vertically and not horizontally. [Mahrasha, brought and negated in M”A ibid] Some Poskim rule that a Sukkah wall may never be made using Lavud of narrow sticks within three Tefach of each other. [Chazon Ish 75:12]

[249] See Chazon Ish 75:10; Piskeiy Teshuvos 630 footnote 4

[250] Admur 631:5; Michaber 631:6; Sukkah 19a

[251] The intent here of emphasizing the middle wall is seemingly in regards to a three walled sukkah in which case it is only possible to have two extending walls if the Sechach protrudes past the middle wall. However, by a four walled sukkah every wall can potentially be considered the middle wall.

[252] Admur ibid adds after making the above statement, “Such as if behind the middle wall of the sukkah there are canes of the Sechach sticking out.” It is unclear as to what this statement is coming to accomplish or clarify which was already known in the previous statement. However, seemingly the intent here is to emphasize the middle wall when in reference to a three walled Sukkah as explained in the previous footnote.

[253] The reason: As in such a case that area contains all the criteria of a Kosher Sukkah, as it has three walls and is 7×7, and has majority shade. Now although the middle wall was not made for this Sukkah but rather for the main Sukkah, nevertheless it is valid to serve as a third wall also for the smaller Sukkah. [Admur ibid; Michaber ibid]

[254] Admur 631:5; Michaber 631:7; Raba and Rav Yosef in Sukkah 19a; See Piskeiy Teshuvos 631:4

Other opinions: Some Poskim rule that the area that extends with the third wall is valid even if it is less than 7×7. [Chazon Ish 144:1, brought in Piskeiy Teshuvos 631:3

[255] For example, if after erecting the long wall that stretches throughout the length of the entire Sechach he then went ahead and made a wall parallel to it which is longer than seven Tefachim, then one can claim that since he could’ve sufficed with making that third parallel wall simply seven Tefachim long, therefore by him making it longer than this amount that could’ve sufficed he has revealed his intent to extend this wall to the full length of the Sechach in order not to sit in an area under the Sechach with an open side which does not have two walls that extend with it. If one accepts this claim than one can further argue that this single wall that extends together with the canes protruding past [the area of] Sechach [which has two parallel walls] is not considered at all part of the sukkah, and is rather its own domain and it is thus found that these extending canes only contain one wall, which is the wall that extends together with them [and thereby this area of the sukkah should be invalid]. [Admur ibid; See Michaber ibid; M”A 631:4; Taz 631:5; Rosh 1:35]

[256] The reason: We do not claim [that since he could’ve sufficed with making that third parallel wall simply seven Tefachim long, therefore by him making it longer than this amount that could’ve sufficed he has revealed his intent to not to sit in an area under the Sechach with an open side which does not have two walls], as we do not follow his expression of opinion on this matter at all (as the making of a sukkah does not need any prior intent to be valid as explained in chapter 635:1), and it is thus considered as if he did not express any opinion at all regarding that all the extending Sechach should be validated with this short third parallel wall even though it does not extend throughout the entire length of the Sechach as does its parallel wall, as explained in chapter 630:2 [that it suffices to have two walls and third wall of a single Tefach]. [Admur ibid]

[257] Michaber 630:1

[258] Michaber 630:10

[259] Meaning that although the main aspect of a Sukkah is its ability to provide shade, of which lack there of invalidates the Sukkah, this is only in regards to the Sechach. However, the walls are not required that they provide shade. Hence even if in the morning or evening when the sun shines at an angle towards the walls of the Sukkah there is more sun light than shade, nevertheless the Sukkah is Kosher.

[260] Michaber ibid

[261] Biur Halacha 630:1 “Kol Hadevarim” in name of Elya Raba and Birkeiy Yosef; Sefer Haminhagim p. 65

Other opinions: Some Poskim rule that the wall of the Sukkah follows the same laws as the Sechach, and hence any material that is Biblically invalid for Sechach is likewise invalid to be used as material for the walls of the Sukkah. [Darkei Moshe 630 in name of Hagahos Ashri in name of Or Zarua, brought in Bach 630 and Biur Halacha 630:1] Some Poskim conclude that it is proper to be stringent like this opinion. [Bach ibid, brought in Biur Halacha ibid; Peri Megadim in 630; Biur Halacha ibid according to Gr”a who is Machmir to invalidate an invalid Mamad, and the Chazon Ish extends this to invalidate even a Mamad Demamad]

[262] Rama ibid

[263] Michaber 630:10; Piskeiy Teshuvos 630:9

[264] The reason: Being that it is difficult to ascertain that the sheets will not move with the wind, as even if one ties them well, occasionally the ropes tear unnoticeably, and he ends up having a wall that cannot stand in face of a common wind. [Michaber ibid]

[265] The reason: As in such a case even if the sheets move with the wind the wall remains Kosher due to the poles which are Lavud.

[266] Aruch Hashulchan 630:32

[267] See Michaber 630:11-12; Admur 362:12-17; M”B 630:52-57; Kaf Hachaim 630:74-87

[268] Admur 627:6; Michaber 627:4; 629:19; Tur 627:4; Rambam Sukkah 5:17-18; Rosh Sukkah 1:18; Sukkah 10a-b

[269] M”B 627:9; Rambam ibid; Sukkah 10a; Kaf Hachaim 627:15

[270] Admur 640:10; Rama 640:4; Or Zarua Shabbos 78:6

[271] Admur 640:10; Rama 640:4; Or Zarua Shabbos 78:6

[272] See Admur 315:7

[273] Piskeiy Teshuvos 630:9

[274] Salmas Chaim 253; Kinyan Torah 4:70; Mishneh Halachos 5:77; Moadim Uzmanim 1:84

[275] M”B 630:48

[276] Chazon Ish 77:6; Piskeiy Teshuvos 631:9

[277] Rama 635:1; Hagahos Maimanis Sukkah 5

[278] The reason: As the Torah requires the Sechach to be placed in a method that deems it valid at the very onset if its construction, however, to place it in an invalid method, and then do an action to make it valid, is invalid due to Taaseh Velo Min Hasuiy. Thus, we find, it is forbidden to place Sechach that is still attached to a tree onto the Sukkah, and then cut the Sechach, being that at the time of its placing, the Sechach was invalid due to its attachment. The same applies even more so here, that since a Sukkah without walls is not considered an Ohel at all, therefore the Sechach is likewise not deemed as valid Sechach. Placing the walls afterwards and turning it into Sechach violates the rule of Taaseh Velo Min Hasuy, and the Sukkah is thus invalid.  [Taz 635:4; Levush 635; M”B 635:9; Kaf Hachaim 635:17; See Admur 626:16]

[279] Bach 635, brought in M”A 635:4; Shiyurei Kneses Hagedola 635; Birkeiy Yosef 635:2 that so is implied from omission of Beis Yosef; Shaareiy Teshuvah 635:3; Beis Hashoeiva 635:11; brought in Shaar Hatziyon 635:12

[280] The reason: There is a proof from Rashi that such a Sukkah is valid. [Bach ibid, negated in Taz ibid] Likewise, we do not find such a ruling mentioned in any Posek other than the Hagahos Maimanis who records this ruling.

[281] Levush 626:1, brought in M”A 635:4; Taz 635:4; Eliya Raba 635:4 and that so is found in Sefer Amrakel; Yad Ahron; Bigdei Yesha 635; Beir Heiytiv 635:3; M”B 635:10; Ben Ish Chaiy Haazinu 2; Rav Poalim 1:34

[282] So rule majority of Poskim and is the seeming conclusion of the M”B and Kaf Hachaim ibid

[283] See Admur 629:28; 631:12; 636:3; M”A 636:3; M”B 636:8; based on Michaber 631:9; See Piskeiy Teshuvos 626:4

[284] Implication of Admur 629:28; Poskim in Piskeiy Teshuvos ibid footnote 11

Other opinions: Some Poskim rule that one is required to lift it three Tefachim as otherwise it is considered as if it is still resting there due to Lavud. [Az Nidnbaru 13:38; 14:41]

[285] Implication of Admur 631:12; Michaber 626:2

[286] Orchos Rabbeinu 2:214; Piskeiy Teshuvos ibid

[287] Simple implication of Admur 631:12 and Michaber 626:2 “Lift up each one alone and replace it and then lift up the one next to it and replace it”; Koveitz Mibeis Levi 3 in name of Rav Wozner

[288] See Piskeiy Teshuvos ibid footnote 14

[289] Rama ibid; Taz 635:5; M”B 635:11

[290] Shiureiy Torah p. 249

Other opinions: Some Poskim rule a Tefach is 10 centimeters. [Chazon Ish]

[291] Taz 635:5

[292] See Taz ibid that this means that the Sechach contains a one Tefach width of a rim under it.

[293] The reason: This is similar to the case of “Choteit Begadish” [Rama ibid], in which case we permit one to complete the walls of the Gadish [stalks] if it was put up for the sake of a Sukkah. [See Michaber 635:1; Mishneh Sukkah 1:8] The reason this is permitted is because one is simply adding on to an already existing Ohel. [Taz ibid] As whatever contains one Tefach is considered a valid Mechitza for an Ohel, and this then gives the Sechach that is placed on it the Halachic status of Sechach. [Levushei Serud on Taz ibid]

[294] Piskeiy Teshuvos 635:2

[295] Kaf Hachaim 635:18; Pekudas Elezer 630; Mikraeiy Kodesh Sukkos 1:11; Shevet Halwevi 7:56 and 8:146; Shraga Hameir 7:137; See Admur 626:19]

The reason: As the Sukkah was originally made in a Kosher way. [Kaf Hachaim ibid; See Admur ibid]

[296] Rav Poalim 1:34; 3:40

[297] Mikraeiy Kodesh Sukkos 1:11; Shevet Halevi 7:56 and 8:146; Shraga Hameir 7:137; Piskeiy Teshuvos 635:2

[298] Mikraeiy Kodesh 635:2; SSH”K 24 footnote 115; Orchos Rabbeinu 2 p. 219; Piskeiy Teshuvos 630:3

[299] Piskeiy Teshuvos 635:3

[300] P”M 643 M”Z 4

[301] Sefer Haminhagim p. 65

[302] See Ketzos Hashulchan 142:14; Daas Torah 336:3, brought in Piskeiy Teshuvos 336:3

[303] Michaber 634:4; Mishneh Sukkah 28a; Piskeiy Teshuvos 634:3

[304] The reason: As we suspect one may come after his food which is on the table and end up eating outside the Sukkah. [Michaber ibid]

[305] See, however, M”B 640:27 who writes that the table must be inside the Sukkah even when sleeping! See the following Sefarim regarding how to understand his ruling:  Mikraeiy Kodesh 35; Tzitz Eliezer 8:22; Az Nidbaru 14:41; Moadim Uzmanim 1:87; Orchos Rabbeinu 2:229; Piskeiy Teshuvos 640:8

[306] Shaar HaTziyon 634:6; Kaf Hachaim 634:11; Piskeiy Teshuvos 634:3

[307] M”A 634:2; Chayeh Adam 146:49

[308] Birkeiy Yosef 634:2; See Kinyan Torah 3:83; Az Nidbaru 14:41

[309] See Bikureiy Yaakov 634:5; Piskeiy Teshuvos 634:3

^[310] Michaber Y.D. 286:11; See Kaf Hachaim 626:45; Piskeiy Teshuvos 626:11-12

[311] The reason: As it is not a place of permanent dwelling. [Shach 286:21; Taz 286:10]                       

[312] M”B 626:21 in implication of P”M end of 643; Shaareiy Teshuvah 626:7 in name of Peri Chadash inm Teshuvah; Bikureiy Yaakov 625:4; Kesav Sofer Y.D. 139; Shoel Umeishiv Gimel 2:166; Kaf Hachaim 626:45

[313] Shaareiy Teshuvah ibid in name of Peri Chadash in Teshuvah

[314] Shaareiy Teshuvah ibid in name of Turei Even 14; Mateh Efraim 625:27; Derech Hachaim; Mikdash Me’at Mezuzah 286:37; Kitzur SHU”A 134:10; Aruch Hashulchan Y.D. 286:27; Maharshag 2:75

[315] Maharshag ibid that even Rabbanim are not Machmir in this; Kitzur SHU”A ibid; Shevet Halevi 2:153; Piskeiy Teshuvos ibid; See Misgeres Hashulchan 134:10 and Piskeiy Teshuvos ibid regarding if the Mezuzah was erected during Sukkos

[316] Shaareiy Teshuvah ibid

[317] M”B 626:21

[318] Bikureiy Yaakov 625:4

[319] Shevet Halevi ibid; Piskeiy Teshuvos ibid

[320] M”B 626:21

[321] Mikdash Me’at Mezuzah 286:37; Salmas Chaim 242; Sefer Hasukkah Hashaleim Pesakim of Rav SZ”A 14

[322] Admur 636:1-3

[323] Admur 626:1; Michaber 635:1; Rav Chisda Sukkah 8b

This ruling follows the explanation in the previous chapter [625:1] with regards to the purpose behind the clouds of glory “that it was done for shade”. This explains why a) Admur mentions the term shade in the previous Halacha despite it not being found in the Tur and Michaber. B) Why Admur began this chapter with the current Halacha despite the fact that it is not mentioned in this chapter by the Tur/Michaber. As according to Admur the main aspect of a Sukkah is that it is made only for shade and thus when this is lacking it is not simply lacking a detail within Sukkah, but rather it itself is not a Sukkah at all. [Shaar Hamoadim]

[324] Admur ibid; Taz and M”A 635:1

[325] Admur ibid; M”A 635:1; Taz 636:3

[326] Admur ibid; Taz ibid; Ravayah 611; Hagahos Maimanis 5 Tes

[327] Admur ibid; M”A 626:1; Taz 629:18; See Levush 631; P”M 631 M”Z 9 and Kaf Hachaim 631:42 for three reasons why the roof of a home is invalid for Sechach

[328] Admur 636:3 “As even the actual roof of a Sukkah is validated to be used as Sechach through doing this action, as explained in 631:12”

[329] Admur 636:3; Michaber 636:2; Sukkah 8b as explained in Rashi

[330] Admur ibid; M”A 631:1

[331] Admur ibid; Rashi ibid; M”B 636:9

[332] The reason: Although the Sukkah/Sechach was made for the sake of shade, it is nevertheless invalid as since he lives in it throughout the entire year and performs majority of his actions there, including eating and sleeping, it does not appear that he is now dwelling in it for the sake of the Mitzvah. [Admur ibid; Michaber ibid; Rashi Sukkah ibid] This applies even if the Sukkah was originally built for the sake of the Mitzvah. [Bikureiy Yaakov 635:1] Vetzaruch Iyun as to the difference of reasons mentioned by Admur in 626:1 and 636:3 for the invalidation of a Sukkah used as a dwelling. In 6262:1 it is invalidated due to it being called a house and not a Sukkah while in 636:3 it is invalid due to that it is not recognizable that it serves as a Mitzvah of Sukkah during the time of Sukkos. See also M”A 635:1 who explicitly differentiates between if it was built for living, storage or privacy, versus if it was built for shade but he happens to live there the entire year; This is based on Rashi in Sukkah 8. See also P”M 635 A”A 1 and Machatzis Hashekel ibid who explains that the invalidation of 626:1 is Biblical, while the invalidation of 636:3 is Rabbinical! Vetzaruch Iyun as to what is the difference between them if they are both used for dwelling. Although perhaps one can suggest that a) in 626:1 the person intends on building it also for living purposes while in 636:3 it refers to a Sukkah built for mere shade, and he then later designated it for his living, or b) in 626:1 it refers to that the person intends on using it for living purposes, while in 636:3 it refers to that he only goes there for shade while he works, and lives elsewhere, although happens to also eat and sleep there during his workday. See P”M ibid who indeed relates to this question and explains that he only lives there consequently of him working there and that it is not his main house as it can be assumed that he also has a house for living for the entire year. Vetzaruch Iyun!]

Biblical or Rabbinical: Some [Ran] say it is Biblically invalid. Others [Rashi] hold it is only Rabbinically invalid. [P”M 635 brought in Shaar Hatziyon 636:13; Bikureiy Yaakov 635:1 writes that it is Rabbinically invalid and thus if one does not have another Sukkah available, one may use it with a blessing] However, see Admur ibid from whom it is implied that one is not Yotzei even Bedieved with such a Sukkah

[333] Bikureiy Yaakov 635:1

[334] Admur and Michaber and Gemara ibid regarding the exterior room of the blacksmith that it is Kosher despite the fact he uses it as his store to sell his pots, as nevertheless he does not live in it throughout the year. [Admur ibid]

[335] Admur ibid; M”A 636:3; M”B 636:8; based on Michaber 631:9; See Piskeiy Teshuvos 626:4; See Admur 631:12, brought in Chapter 2 Halacha 16, that replacing one of every two boards of the roofing with Kosher Sechach suffices to validate the entire Sukkah, even if the other Boards have yet to be lifted. Vetzaruch Iyun as to why this option is not mentioned here

Other Opinions: Some Poskim rule such Sechach is completely invalid as one has intent to use it as a house, and hence it does not help to lift it up and replace it. Rather one must remove the Sechach after Sukkos of each year and then replace it before Sukkos. [Chelkas Yoeiv Tinyana 3; Michzeh Avraham 141; Machshavos Beitza 24; Piskeiy Teshuvos 636:2]

[336] Admur ibid “As even the actual roof of a Sukkah is validated to be used as Sechach through doing this action, as explained in 631:12”

[337] So is implied from Admur ibid; M”A ibid; M”B ibid; See Admur 631:12, brought in Chapter 2 Halacha 16, that one must replace the Sechach between each set of beems, and replacing in one area does not suffice. [Nonetheless, from this Halacha we can derive that if one does so it is not necessary to lift up every piece of Sechach.] See Ateres Zekeinim on Michaber 631:9

[338] The reason: As even the actual roof of a Sukkah is validated to be used as Sechach through doing this action, as explained in 631:12. [Admur ibid]

[339] See M”B 636:9 and 18 based on Levush; Implication of Admur 631:12; Michaber 626:2l; Mateh Efraim 625:29; Poskim in previous footnotes regarding “all”!

[340] Implication of Admur 629:28; Poskim in Piskeiy Teshuvos ibid footnote 11

Other opinions: Some Poskim rule that one is required to lift it three Tefachim as otherwise it is considered as if it is still resting there due to Lavud. [Az Nidnbaru 13:38; 14:41]

[341] Orchos Rabbeinu 2:214; Piskeiy Teshuvos ibid

[342] Simple implication of Admur 631:12 and Michaber 626:2 “Lift up each one alone and replace it and then lift up the one next to it and replace it”; Koveitz Mibeis Levi 3 in name of Rav Wozner

[343] See Piskeiy Teshuvos ibid footnote 14

[344] Admur 636:1; Michaber 636:1; Mishneh Sukkah 9a

Other opinions: Some Poskim rule that even if the Sukkah was built for the sake of the Mitzvah, if it was built prior to 30 days before Sukkos one must renew some of the Sechach before Sukkos, as recorded in D. [Bach 636; Birkeiy Yosef 636:2]

[345] Admur 636:1-2; See Piskeiy Teshuvos 636:1

[346] Implication of Admur ibid and Michaber 636:1; Taz 636:2; Mishneh Sukkah ibid

[347] See Admur 626:1; Michaber 635:1; Rav Chisda Sukkah 8b

[348] See Admur 636:3

^[349] Tishrei includes 14 days until Sukkos which is on the 15^th. Thus, one needs to learn an additional 16 days in Elul to make up the 30-day period prior to the festival. Now since Elul is always a 29-day month, even in a leap year, therefore it begins from the 14^th for a total of 30 days.

[350] Aruch Hashulchan 636:1

[351] Admur 636:1; Michaber 636:1; Tur 636; Rosh Sukkah 1:13; Tosafos Sukkah 9a; Yerushalmi Sukkah 1:2

[352] Admur ibid; Michaber ibid; Beis Hillel in Mishneh Sukkah 9a

[353] Taz 636:2

[354] Admur ibid; Michaber ibid; Tur 636; Rosh Sukkah 1:13; Tosafos Sukkah 9a; Yerushalmi Sukkah 1:2

[355] Implication of wording of Admur ibid and Michaber ibid; Beis Yosef 636, brought in M”A 636:1 and Shaar Hatziyon 636:4, that according to all Poskim it invalidates if not done; Shibulei Haleket 337 and Hatanya in name of Rav Nutraiy and Rav Yehudaiy Gaon; Elya Raba 636:2; Birkeiy Yosef 636:1; Bigdei Yesha, Beis Shoeiva 2-3; See P”M 638 A”A 2; See Kaf Hachaim 636:6; Piskeiy Teshuvos 636:1

Other opinions: Some Poskim rule that the Sukkah remains Kosher even if a renewal is not done and its requirement is a mere Mitzvah Min Hamuvchar and is not obligatory even from a Rabbinical standpoint. [M”A 636:1; Taz 636:3; Ran; Rabbeinu Yerucham; Implication of Bavli Sukkah ibid who omits any mention of a renewal being required; Implication of Poskim regarding Sukkos Ganbach and Rakvash who all omit such a requirement; Chayeh Adam 146:39; Bikureiy Yaakov 636; Nehar Shalom; Aruch Hashulchan 636:2; M”B 636:4 and Shaar Hatziyon 636:4 in name of many Achronim; See Kaf Hachaim 636:6; Piskeiy Teshuvos 636:1; Yechaveh Daas 6:41]

[356] Piskeiy Teshuvos 636:1; Vetzaruch Iyun as to whether one may shake or lift the Sechach with a Shinuiy according to those Poskim who suffice with that, however, seemingly one may not do so due to the prohibition of Tikkun Klei or Boneh. Vetzaruch Iyun. See Piskeiy Teshuvos 636 footnote 3

[357] Kaf Hachaim 636:6; Piskeiy Teshuvos 636:1

[358] Admur 636:2; Michaber 636:1; Tur 636; Yerushalmi ibid

[359] Admur ibid; Tur and Beis Yosef 636; Rosh in name of Baal Haittur; M”B 636:4

[360] So writes Admur 636:2 that it must be new Sechach

[361] Admur ibid; M”A 636:2

[362] P”M 636 A”A 2

[363] Implication of Admur ibid that “Even if it only has 1×1 square Tefach” that certainly it may have more; Implication of P”M ibid

[364] Admur 636:2; Michaber 636:1; Tur 636; Tosafos; Rosh; Yerushalmi

[365] Aruch Hashulchan 636:2; Piskeiy Teshuvos 636:1; Mishnas Yaakov 3 [brought in Piskeiy Teshuvos ibid footnote 1]; See M”A 636:3; M”B  636:8; Nitei Gavriel 27:1; [based on Michaber 631:9, that even regarding a sukkah made for a dwelling place this helps. Vetzaruch Iyun, as there one is required to lift up each individual piece of Sechach, while here lifting a mere 1×1 Tefach square suffices, and hence perhaps in truth lifting alone does not suffice, and one must bring new Sechach, and so is implied clearly from the wording of Admur. Vetzaruch Iyun!]

[366] See P”M 636 M”Z 3; Nitei Gavriel 27:1 in name of Meiri Sukkah 9a

[367] So is clearly implied from wording of Admur ibid “To place new Sechach”; See previous footnote

[368] Vetzaruch Iyun from 626:17 in which Admur ruled that Sechach set up under a roof is valid when the roof is removed as the Sechach always was defined as Sechach even originally when under the roofing and the roofing only effected its preparation for use. Vetzaruch Iyun as why here this should be any different being that the Sechach still retained the Sechach definition. Perhaps however one can answer that an integral part of Sechach is that its purpose is for shade and without this intent it never gains the Sechach definition.

[369] Admur 636:2; Taz 636:1

[370] Chayeh Adam 146:39; M”B 636:7 [however, see M”B 638:9]; Kaf Hachaim 636:5; base on M”A 638:2 and Admur 638:16; See Piskeiy Teshuvos 636 footnote 4

[371] The reason: As once the Holiday of Sukkos of the previous year was complete, its Kedusha has left [M”A and Admur ibid] and hence requires its Sechach to be renewed. [Poskim ibid] Thus the meaning of the above wording in Michaber “If the Sukkah was made even in the beginning of the year for the Chag, it is Kosher without modification” means that it was made after Sukkos. [Shaar Hatziyon 636:9]

[372] P”M 662 M”Z 1; Sefer Hachaim [Kluger] 636; Pischa Zuta; Aruch Hashulchan 636:1 in negation of Chayeh Adam ibid; Mishneh Sachir 2:174; Opinion in M”B 638:9

[373] The reason: As the Sukkah was originally made for the Mitzvah and hence there is no reason why it should require renewal. A proof for this can be brought from the M”A and Admur ibid which only states that the Kedusha leaves the Sukkah after the passing of Sukkos, and hence requires one to live in it on Sukkos to regain its Kedusha, but do not write an even greater novelty that it requires a modification. [Sefer Hachaim ibid]

[374] Aside for the implication from Admur 638:16, as brought in Sefer Hachaim, so is also implied from Admur here [636:1] which writes “If it was made for the sake of Chag, even from the beginning of the year it is valid without modification” This is in contrast to the wording of the Michaber which states “If it was made for the sake of the Chag…” which could imply the upcoming Chag. This simple change of wording of Admur [omitting the letter Hei] implies that anytime the Sukkah was made for the sake of Chag, even of years prior [and not specifically the upcoming Chag] it is valid without modification.

[375] Sefer Hachaim [Kluger] 636

[376] The reason: As so long as the Sukkah was made also for intent of the Mitzvah it does not require renewal. [ibid]

[377] Sefer Hachaim [Kluger] 636; Nitei Gavriel 27:11

[378] The reason: As so long as the Sukkah was made also for intent of the Mitzvah it does not require renewal. [ibid]

[379] Bikurei Yaakov 635:1

Must one remove the Sechach after Sukkos? One is not required to remove the Sechach after Sukkos and then replace it the next Sukkos, and rather it may remain under the retractable roof throughout the year

[380] Bikurei Yaakov 635:1; M”B 636:8; Chelkas Yoev Tinyana 3; Avraham 141; Machshavos Beitza 24; Piskeiy Teshuvos 636:2; Nitei Gavriel 27:10

[381] Avnei Nezer 1:473; See Rav SZ”A brought in Piskeiy Teshuvos ibid footnote 7

[382] See Piskeiy Teshuvos 626:9; Or Torah 5758 p. 43; Hamoadim Kehilchasam 1:205

[383] Background: According to all opinions, so long as a) you place Kosher Sechach in-between the beams of the pergola, or on top of them in a way that the Kosher Sechach hovers over the space between the beams, and b) the Kosher Sechach provides more shade than the shade of the pergola beams [such as if there is more empty space between the beams than the space that the beams themselves take up, such as if the beams are 10 centimeters wide and there is 15 centimeters of empty space between each beam], and c) the pergola beams are less than 24 centimeters wide, then the Sukkah is fully Kosher and one may even eat under the beams. If however the pergola beams provide more shade than the Kosher Sechach [such as if there is more beams than empty space between the beams, such as if the beams are 15 centimeters wide and there is 10 centimeters of empty space between each beam] then the Kashrus of such a Sukkah is dependent on several factors, such as if it was made for the sake of being used as a roof, or for the sake of giving shade throughout the year, or only for the sake of the Mitzvah of Sukkah. Even in the latter case, it is still subject to debate amongst Poskim, with some always invalidating the beams due to them being nailed or screwed into the frame, and some validating it if there was material in between the beams which was removed for the sake of placing the Kosher Sechach there, or some validating even with simply placing Kosher Sechach over it. According to all, the beams are valid if one unscrews them and rests them back onto the frame for the sake of Sechach. Likewise, according to all, the beams are invalid if there exists no material that was removed from in-between the beams, and one made the pergola for the sake of dwelling under it throughout the year, to eat and sleep there. [Admur 626:13 that only if remove roof tiles can roof beams become Kosher and 636:1 regarding Sukkah Yeshana that simply placing Kosher Sechach of 1×1 Tefach suffices; M”B 626:17; The following Poskim invalidate nailed beams: Rashba 1:213; Tosafos Sukkah 2a, M”A 626:6 and 627:2, Divrei David 1:37, Shaar Hatziyon 633:6; Emek Teshuvah 96; Piskeiy Teshuvos 626:9 that a) Placing on top of the beams suffices to negate the issue of Lavud Lehachmir, and b) Screwed beams are invalid Sechach and thus one must have majority shade in the Sukkah from the Kosher Sechach alone]

[384] The following Poskim invalidate nailed beams from being used as Sechach: Rashba 1:213; Tosafos Sukkah 2a, M”A 626:6 and 627:2, Beis Yosef 629:8, Divrei David 1:37, Shaar Hatziyon 633:6; Emek Teshuvah 96; Hamoadim Kehilchasam 1:205; See Piskeiy Teshuvos 626:9; Sefer Hasukkah p. 290 and 321; Piskeiy Teshuvos ibid who writes that if one removes the pergola beams or cover from the frame then even the frame becomes valid even though it is nailed in.

The opinion of Admur: Admur in 626:12 completely omits the ruling of the Rashba that nailed in beams are invalid, and on the contrary, implies that they are valid, as he writes regarding roof beams “even though they are attached, they are valid, as Talush Ulibasof Chibru Kosher” and so writes the M”A 629:11 and Beis Yosef 626, thus implying that even screwed in beams remain valid. However, from the fact that the M”A ibid explicitly prohibits nailed in beams despite his ruling above, seems to imply that if they are nailed in then it is different. Vetzaruch Iyun! Another area of proof that nailed in beams remain valid for Sechach is from Admur 629:13 [based on Michaber 629:8; Terumas Hadeshen 91] who rules that one may even initially nail in the support beams of the Sukkah, which implies that they do not become invalid for Sechach as a result. Another area of proof that nailed in beams remain valid is from Michaber and Tur 631:9 [and perhaps also Admur 631:12] that by one removing a roof beam from between every two roof beams, then all the beams become valid for Sechach even though the case there is discussing nailed in beams! Vetzaruch Iyun!

[385] See Admur in 626:12; 629:13; M”A 629:11 and Beis Yosef 626; Michaber and Tur 631:9; Piskeiy Teshuvos ibid; See previous footnote

[386] As initially one may never nail in the Sechach due to the decree of Mammid, as explained in Chapter 2 Halacha 9!

[387] Admur 629:32

[388] Admur 629:31-32

[389] See Halacha above and previous Q&A in name of Sefer Hachaim that when placed also for the sake of the Mitzvah, it does not require even renewal

[390] See Chapter 2 Halacha 7I!

[391] See Halacha 12D that even if it was built for the sake of shade, and not used as a dwelling place throughout the year, nonetheless, it has the status of an old Sukkah if it was built 30 days before Sukkos.

[392] See Halacha A above regarding the invalidation of nailed in beams!

[393] See Halacha 12A that if it was used for dwelling during the year then it is invalid even if originally built for the sake of them it’s

[394] See Chapter 2 Halacha 4!

[395] See Piskeiy Teshuvos ibid; See Admur 631:12; Michaber 631:9; Halacha 18

[396] Piskeiy Teshuvos ibid; See Halacha A regarding screwed in beams

[397] See Admur 626:14 that the Kosher Sechach in between the non-Kosher beams negates the issue of Lavud; M”B 626:17; Emek Hateshuvah 96

[398] See Michaber 632:1; M”B 632:2-3

[399] See Moadim Kehilchasam 1:207 [however, see there that before Sukkos one is to re-lift 1×1 Tefach of Sechach, however according to Sefer Hachaim, ibid, so long as it was made also for the sake of Sukkos it is valid, even this is not necessary.]

[400] Admur 638:1; Michaber 638:1; Taz 630:1 in opinion of Rambam 6:15; Rosh 1:13; Sukkah 9a; Beitza 30b

[401] Admur ibid; Taz 630:1 in opinion of Rambam 6:15; Rosh 1:13

[402] 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]

[403] 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]

[404] Admur ibid; Taz ibid in understanding of Rambam ibid

[405] 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

[406] Admur 638:1; Taz 630:1 in opinion of Rambam 6:15

[407] 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]]

[408] Admur 638:12; Rama 638:1; M”A 638:1; Beitza 30b as explained by Rashi

[409] Admur 638:5; 628:6; Taz 638:3; 1^st 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]

[410] 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]

[411] Admur 636:12

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

[413] Admur 628:6-7; M”A 628:6

[414] Admur 638:2; Michaber 638:1; Rambam 6:15; Taz 630:1 in opinion of Rambam ibid

[415] 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]

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

[417] Admur ibid; Rama 638:1

[418] 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

[419] Admur ibid; Michaber ibid

[420] 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 Mitzvah 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]

[421] 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]]

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

[423] 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]

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

[425] The reason: Although benefiting from the walls during Sukkos is only Rabbinically forbidden, nevertheless since they were designated for their Mitzvah of Sukkah, they receive 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]

[426] Admur ibid

[427] Admur 638:13; 518:8; M”A 638;

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

The law regarding the Sechach: Seemingly, the Sechach was intentionally excluded from this allowance being that its Kedusha is Biblical 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]

[429] Admur 638:5; 628:6 Taz 638:3; 1^st opinion in Rama 636:2 regarding 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]

[430] 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]

[431] Admur 638:12

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

[433] See P”M 638 M”Z 3

[434] M”B 638:4

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

[436] Admur 638:5; M”B 638:4

[437] Piskeiy Teshuvos 638:1

[438] Igros Moshe 1:181

[439] Avnei Nezer 363; Igros Moshe ibid

[440] Igros Moshe ibid

[441] Piskeiy Teshuvos 638 footnote 2

[442] 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

[443] 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]

[444] Admur 638:16; M”A 638:2

[445] 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]

[446] See Piskeiy Teshuvos 638:8

[447] See Admur 638:6 and 11; Michaber 638:2; Sukkah 10a-b; Beitza 30b; Shelah; M”B 638:11 in name of Elya Raba, in name of Sefer Chassidim; Darkei Chaim Veshalom 767 and 736

[448] M”B 638:11 in name of Elya Raba, in name of Sefer Chassidim

[449] Shelah ibid

[450] Admur 638:11

[451] Michaber ibid

[452] Admur 638:6; Michaber 638:2; Sukkah 10a-b

[453] Admur 638:20; M”A 638:9

[454] Admur 638:21; M”A 638:9; Maharil Sukkos p. 362

The reason: This is due to the reason explained in Y.D. 301:11. [Admur ibid]

[455] Shelah based on Beitza ibid, brought in M”B 638:11; Darkei Chaim Veshalom 767

Hanging fruits of Shemita in the Sukkah: See Shevet Halevi 7:57; Lehoros Nasan 3:39; Orchos Rabbeinu 2:331; Piskeiy Teshuvos 638:5

Hanging Arla fruits in the Sukkah: See Shevet Hakehasi 3:196

[456] Darkei Chaim Veshalom 736

[457] Biur Halacha in name of Chasam Sofer

[458] Custom of Sephardim, brought in Sefer Eretz Yisrael of Rav Yechiel Michel Tukichinsky

[459] See Otzer Minhagei Chabad p. 267

[460] Sefer Haminhagim p. 65; Sefer Hasichos of Rebbe Rayatz 5704 p. 12; See M”A 638:4 in name of Sefer Chassidim 263 that if one knows that children will eat the fruits, then it is better not to hang them

A letter of the Rebbe on the subject: 7 Cheshvan, 5715 [1954] Generally, a Mitzvah must be observed on its Divine authority (with Kabolos Ohl) and not on rational grounds, i.e. for any reason or explanation which we may find in it. An exception, to some extent, is the case where the significance of the Mitzvah is indicated in the Torah, and our Sages have connected its fulfillment with it. At any rate, only a qualified person can interpret it more fully. We have a rule that a Mitzvah should be performed to the best of one’s ability, and as the Rambam explains (at the end of Hilechoth Issurei HaMizbeach). This applies especially to the object of the Mitzvah itself, e.g., a Talis should be the best one can afford, an offering should be the most generous, etc. Unlike the Sechach [branches covering the top of the Succah] and walls of the Succah, decorations are not an essential part of the Succah, but an external adornment which adds to the enjoyment of the person sitting inside the Succah; they are, as the name clearly indicates, supplementary objects which decorate and beautify the external appearance of the Succah.
The attitude of Chabad Chassidim in this connection, as taught by generations of Chabad leaders and teachers, is that the Succah is to imbue us with certain essential lessons, which are explained in Chassidic literature and Talmudic literature in general. It is expected of Chabad Chassidim that they should be impressed by the essential character of the Succah without recourse to “artificial” make-up; that the frail covering of the Succah and its bare walls, not adorned by external ornaments, rugs or hangings, should more forcibly and directly impress upon the Jew the lessons it is meant to convey.

[461] Sefer Hasichos ibid

[462] See Piskeiy Teshuvos 638 footnote 25; Ercheiy Yehoshua 212

[463] See letter of Rebbe in previous footnote

[464] Shevet Halevi 2:57 based on Temurah 29a, Chasam Sofer O.C. 42; See regarding Hazmanah Lav Milsa Hi: Admur 42:4 and 6; Michaber 42:1; Brachos 23b; Sanhedrin 48a; Mordechai Megilah 819; Nimukei Yosef Sanhedrin end of chapter 6; See regarding not using ornaments of idolatry: Michaber Y.D. 139:13; O.C. 154:11

[465] See M”B 494:10 in name of Gr”a and Chayeh Adam, that the custom of placing plants and trees in shuls and homes on Shavuos was abolished due to it being similar to the gentiles, referring to the Christian festivals.

[466] Beir Moshe 7:120

[467] Admur 627:6; Rama 627:4; Maharil Sukkah p. 367; See Sukkah 10a-b

[468] Admur ibid; Taz 627:5

The reason: Although a less than 4×4 Tefach dimension does not serve as an obstruction between the Sechach and the person sitting under it, nevertheless even such a decoration is to only be placed within four Tefachim from the Sechach, due to a decree that one may come to do so with a decoration that contains 4×4 Tefachim, in which case it is forbidden to sit under it. [Admur ibid; Taz ibid]

[469] Implication of Admur ibid; Piskeiy Teshuvos 627:4; Sheivet Hakehasiy 3:197

[470] Piskeiy Teshuvos 627:4

[471] Sefer Sukkah Hashaleim Miluim 14:3

[472] Koveitz Mibeis Levi 2 p. 24

[473] See Admur 638:6-18; Piskeiy Teshuvos 638:4-10

[474] 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

[475] Michaber 667:1

[476] 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]

[477] Admur ibid; Taz 638:8; M”A 638:9

[478] 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]

[479] Admur ibid; Michaber ibid; Rosh 24:9

[480] Admur 638:7; Michaber and Rama 638:2; Beitza 30b; Rosh 24:9

[481] Thinking alone does not suffice, and the stipulation must be verbalized. [Hagahos Maharsham 638; Piskeiy Teshuvos 638:4]

[482] 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]

[483] 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]

[484] 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]

[485] 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]

[486] 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]

[487] Admur ibid; M”A 638:7; Rashal Beitza 4:3

[488] 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

[489] Admur 638:11; Rama 638:2; Darkei Moshe 638:5

[490] 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]

[491] Admur ibid; Rama ibid

[492] Admur 638:18; M”A 638:4

[493] 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]

[494] Admur 638:11 and 17 which refers even on Yom Tov

[495] Admur 638:17; M”A 638:9; Darkei Moshe 638:5; Aguddah 1:9; M”B 638:24

[496] 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

[497] 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]

[498] 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.

[499] See Piskeiy Teshuvos 638:6-7

[500] 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]

[501] Tzitz Eliezer 13:67

[502] Heichly Hashein 3:2; Orchos Rabbeinu 2:220; Piskeiy Teshuvos 638:4

[503] Chochmas Shlomo 638; Likkutei Yehuda Sukkos p. 120; Nitei Gavriel; Piskeiy Teshuvos 638 footnote 12

[504] Implication of Bikureiy Yaakov 667:1; Sukkas Shaleim 27 footnote 37 in name of Shulchan Shlomo; Piskeiy Teshuvos 638:4

[505] 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]

[506] See Admur 638:9; Biur Halacha 638 “Assur”; Piskeiy Teshuvos 638:4

[507] Chelkas Yaakov 2:127; Beir Moshe 7:120 Kuntrus Elektri; See Piskeiy Teshuvos 638

[508] 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

[509] 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]

[510] M”A 638:2

[511] Piskeiy Teshuvos 638:8

[512] See Admur 638:19; M”B 638:24; Vetzaruch Iyun if this applies even today when the custom is to treat them as if a Tnaiy was made over them in which they contain no Kedusha.

[513] Admur 638:20; M”A 638:9; M”B 638:24

[514] See Admur 284:4; 334:13; Michaber Y.D. 283:2 and 4; Taz 283:1 and 3; Shach 283:6

[515] Bikureiy Yaakov 638:18 based on Shach ibid that the widespread custom is to be lenient in this especially by our script; See also Sukkah Kehilchasa 7 footnote 6 that the prohibition is only against writing the verses, however if the verses were already written then they may be purchased and hung up; Piskeiy Teshuvos 638:8

[516] Michaber 666:1; Mishneh Sukkah 48a

[517] The reason: As one is obligated to eat and sleep in the Sukkah throughout all seven days. [Rashi ibid; M”B 666:1; Kaf Hachaim 666:1]

[518] Ikarei Daat 2:68; Shoel Umeishiv Mahadura Daled 3:28; Piskeiy Teshuvah 116; Kaf Hachaim 636:9; See Admur 638:5 “When one separates it from the Sukkah he is removing from it the Kedusha of the Sukkah”; See Avnei Nezer 34:18 who leaves this matter in question

[519] The reason: This is forbidden due to it being a belittlement of the Sukkah, as is the ruling regarding Tzitzis, that one may not remove Kosher Tzitzis from a Tallis, as one may not nullify a Mitzvah. [ibid] Alternatively, perhaps it is forbidden as it is similar to the prohibition against destroying Kodshim and the Sechach is considered Hekdish. [Avnei Nezer ibid] Vertzaruch Iyun why this reason was omitted from Rashi and Poskim ibid with regards to why one should not undo the Sukkah on the 7^th day.

[520] Lehoros Nasan 7:48-49

[521] SSH”K 67 footnote 177; Piskeiy Teshuvos 637:1 footnote 2

[522] Shoel Umeishiv 3:28, brought in Piskeiy Teshuvah 116

[523] Ikarei Daat 2:68; Piskeiy Teshuvah 116; Kaf Hachaim 636:9; Piskeiy Teshuvos 638:3

[524] Piskeiy Teshuvos 638:3 footnote 10 based on Admur 638:14 regarding walls that are erected on Chol Hamoed; See also Tzitz Eliezer 13:1

[525] See Admur 638:12 and 14

[526] Admur 638:19

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