Dwelling in another person’s Sukkah

Must one dwell in the same Sukkah throughout Sukkos?[1]

One is not required to dwell within the same Sukkah throughout the seven days of Sukkos and he can thus leave his Sukkah and dwell in another person’s Sukkah.

 

A borrowed Sukkah:[2]

One fulfills his obligation with a borrowed Sukkah.[3]

 

A Sukkah with joint ownership:

One fulfills his obligation with a jointly owned Sukkah and he is not required to request permission from the other owner to dwell in it.[4]

 

A stolen Sukkah:[5]

One who seized another’s property which contains a Sukkah: If one forcibly removed the owner from his Sukkah and stole it and dwelled in it he fulfills his obligation.[6]

May one say a blessing in such a Sukkah: If one transgressed and hijacked someone’s Sukkah although he fulfills his obligation nevertheless he may not say a blessing ‘lesheiv basukkah’.[7]

 

May one enter someone else’s Sukkah without permission?[8]

One may not initially enter into another person’s Sukkah without permission even if he does not intend to steal it from him, if the person is currently in his Sukkah.[9] However it is permitted to enter his Sukkah even initially while he is not there.[10]

 

May one build a Sukkah in someone else’s property without permission?[11]

One may not build a Sukkah in someone else’s property.[12]

---

[1] 637/2

[2] 637/3

[3] Although the Torah states “Chag Hasukkos you shall make for yourselves” that one must own the Sukkah hence excluding the Sukkah of a friend, nevertheless one fulfills his obligation with a borrowed Sukkah as 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. [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.] 

[4] 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. [ibid]  

[5] 637/4

[6] As ground is not able to be stolen. This means that the Halachic definition of stealing 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. Thus if the moveable object increased in price this increase is considered to belong to the robber. However by land in which an increase in price belongs to the owner being that the land remains in the owner’s property. Thus this land is considered as if it is borrowed by the robber. The same applies for the Sukkah itself which is attached to the land as everything which is attached to land has the same status as land.

[7] 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. [ibid]

[8] 637/9

[9] As perhaps he does not want anyone to see him eating or doing his other needs in his Sukkah without his permission. [ibid]

[10] As certainly one does not mind a Mitzvah being done with his property without any monetary loss being caused. [ibid]

[11] 637/10

[12] 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 money unless it is done for temporary basis and not when he is using his money on a permanent basis. [ibid]