* 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?[1]

• 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?

1. The Halachic issues:[2]

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[3] 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[4] it is understood that even nailed in beams can remain valid [Bedieved[5]] 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[6], and are certainly less than 24 centimeters wide[7], 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.[8] 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.

1. 
   

   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[9], and were originally placed there for the sake of Sukkos[10], and are not nailed or screwed into the roof[11], and the area was not used for the sake of dwelling under it during the year[12], and permit the rain to penetrate.[13] 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[14] rule that even the screwed beams become validated as a result.

1. 
   

   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[15], placing Kosher Sechach over the frame validates the Sukkah if the Kosher Sechach alone provides majority shade[16], 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.[17] 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.  

1. 
   

   How to initially build a complete pergola with intent to use also on Sukkos:[18]

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.

Halacha Lemaaseh – Summary & Table

A pergola with a fully covered roof of wood beams is generally not suitable to use as a Sukkah. However, in pressing situations, it may be permitted if:

• The beams are less than 32 cm wide
• The beams are removed and replaced for the sake of Sukkos (especially if they were nailed, screwed, or not originally intended for Sukkos)
• Rain can penetrate through the roof
• If the pergola is a frame with spaces between beams, and valid Sechach is placed over the frame to provide most of the shade, the Sukkah is considered valid.
• Beams that are not nailed or screwed in and are narrow (not typical roofing material) may be valid for Sechach, provided they were placed for the sake of the Sukkah and the area was not used for regular dwelling.
• If the pergola had a tarp for year-round use, removing the tarp and using valid Sechach over narrow frame beams can make it kosher for Sukkos.
• Rain must be able to enter through the roof to maintain validity.
• When possible, it is preferable not to use wooden beams for Sechach if other materials are available.

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

[2] 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]

[3] 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!

[4] 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

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

[6] Admur 629:32

[7] Admur 629:31-32

[8] 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

[9] See Chapter 2 Halacha 7I!

[10] 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.

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

[12] 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

[13] See Chapter 2 Halacha 4!

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

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

[16] 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

[17] See Michaber 632:1; M”B 632:2-3

[18] 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.]