5. Where is the Sukkah to be built

A. May one build a Sukkah in someone else’s property without permission?[1]

Initially, one may not build a Sukkah in someone else’s property without their permission.[2] [This applies even if the person will not be present there throughout Sukkas.[3] Thus, if a neighbor is leaving twon, 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?[4] No, unless the 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?[5] 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?[6]

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.[7] One is therefore to protest against anyone who makes a Sukkah on public property. Nevertheless, Bedieved[8] if one built a Sukkah in public property, he fulfills his obligation. [However, some Poskim[9] rule one may even initially build a Sukkah in a public property and say a blessing, and that so is the custom.[10] This especially applies if one has received permission from the city municipality.[11] However, this only applies if the Sukkah does not disturb the passerbyers.[12] 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 passerbyers.]

May one say a blessing in such a Sukkah:[13] 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.”[14]

Q&A May one build a Sukkah in a public area that people do not pass by, such as a forest or field?[15] Seemingly one may do so as people do not pass by this area.    If one does not have a permit to build on his property, may one build a Sukkah there?[16] Yes. If the city municipality gave permission for one to build his Sukkah in public property may one do so?[17] Yes.   May one build his Sukkah on the sidewalk?[18] No. One may not do so as it blocks the space of the passerbyers. 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[19] 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:[20]

A Sukkah which is built on ship or car is valid so long as it [i.e. the wall and Sechach[21]] 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?[22] 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?[23] A Sukkah that is attached to the back of a pick-up truck is valid 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[24] and even if it does not have a floor attached to it.[25]

D. May one make a Sukkah on a tree or animal?[26]

A Sukkah that is made on a tree or animal is valid, although one may not dwell in it on Shabbos or Yom Tov.

E. Building Sukkah over a lawn:[27]

One who waters seeds in order so they grow is liable for the plowing and planting prohibition.[28] Therefore, it is forbidden to pour liquid over grass, plants, [trees[29]] 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 whould 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.[30] Furthermore, even Bedieved he is not Yotzei if he builds his Sukkah in such a place, and it makes him living there to be unbearable.[31]

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?[32] 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?[33] 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?[34] 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.[35]

 

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:[36] 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 or Sechach, then it may be done.

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

[2] 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]

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

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

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

[6] Admur 637:11; Rama 637:3; Yerushalmi Sukkah 3:1; M”A 637:3; Elya Raba 637:4; Piskeiy Teshuvos 638:3; Nitei Gavriel 4:3

Other opinions: See end of this paragraph.

[7] 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]

[8] 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]

[9] M”B 637:10; Biur Halacha 637 “Vichein”; Piskeiy Teshuvos 637:3

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

[11] 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

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

[13] Admur ibid; M”A 637

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]

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

[15] See M”B 637:10 and Biur Halacha 637 “Vichein”

[16] Piskeiy Teshuvos 637:3; Nitei Gavriel

[17] 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

[18] 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

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

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

[21] See Q&A!

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

[23] Piskeiy Teshuvos 628:2

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

[25] Piskeiy Teshuvos ibid

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

[27] Admur 336:9

[28] 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]

[29] Ketzos Hashulchan 142 footnote 18, Upashut.

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

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

[32] 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

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

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

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

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

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