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Building the Sukkah: Difference between revisions
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===Taaseh Vilo Min Haasuy=== | ===Taaseh Vilo Min Haasuy=== | ||
#One should try to build the walls of the sukkah before putting up the sechach. According to some poskim, if one puts the sechach up onto poles and only after fills in the kosher walls, it is still kosher. <ref>Bach 635, Birkei Yosef 635:2, Maamar Mordechai 635:4, Moed Likol Chai 21:12. Chazon Ovadia Sukkot pg. 38 even allows reciting a beracha on such a sukkah </ref> Others are strict even after the fact.<ref>Levush 638, Taz 635:4 </ref> | #One should try to build the walls of the sukkah before putting up the sechach. According to some poskim, if one puts the sechach up onto poles and only after fills in the kosher walls, it is still kosher. <ref>Bach 635, Birkei Yosef 635:2, Maamar Mordechai 635:4, Moed Likol Chai 21:12. Chazon Ovadia Sukkot pg. 38 even allows reciting a beracha on such a sukkah </ref> Others are strict even after the fact.<ref>Levush 638, Taz 635:4 </ref> | ||
#If one builds a kosher sukkah, but the walls falls, whether they fall before Sukkot or during Sukkot, the Sukkah is still kosher when you put the walls back up, and this is not a violation of taaseh vilo min Haasuy.<ref>Chazon Ovadia Sukkot pg. 40, Kaf Hachaim 635:18; Pekudat Elazer 630, Mikraei Kodesh Sukkot 1:11; Shevet Halevi 7:56 and 8:146 </ref> However, some Poskim rule that if this occurred before Sukkot one is required to replace the Sechach.<ref>Shu"T Rav Pealim OC 1:34; 3:40</ref> | #If one builds a kosher sukkah, but the walls falls, whether they fall before Sukkot or during Sukkot, the Sukkah is still kosher when you put the walls back up, and this is not a violation of taaseh vilo min Haasuy.<ref>Chazon Ovadia Sukkot pg. 40, Kaf Hachaim 635:18; Pekudat Elazer 630, Mikraei Kodesh Sukkot 1:11; Shevet Halevi 7:56 and 8:146 </ref> However, some Poskim rule that if this occurred before Sukkot one is required to replace the Sechach.<ref>Shu"T Rav Pealim OC 1:34; 3:40</ref> | ||
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'''Background''' | '''Background''' | ||
*In Gemara Sukkah 24b, Rav Acha Bar Yaakov states that a wall that cannot stand in the wind is not considered a valid wall. The Chazon Ish (Hilchot Eruvin 13:6) suggests that a wall is not valid only if it falls or sways more than three tefachim in normal wind. However, Rav Ovadia Yosef in Chazon Ovadia pp. 1-5 and Rav Shlomo Zalman Auerbach (Halichot Shlomo Sukkah 7:1 p. 97) hold that plastic curtains that sway in the wind even slightly are unfit for walls of a Sukkah. Rav Ovadia adds, based on Shulchan Aruch 630:10, that this is true even if one ties down the ends because we are concerned that the ties will loosen and that he will not notice. Rav Moshe Feinstein in Sh”t Iggrot Moshe 5:40:2 writes that one should not misinterpret the prevalence of these canvas sukkot as an endorsement of their validity. On the other hand, some achronim (Rav Sonnenfeld, Rav Menashe Klein, and Rav Shternbuch all cited in Piskei Teshuvot 630:9) justify the common practice to use canvas Sukkot since nowadays they are put together well, so the concern of the Shulchan Aruch that the ties may become loose no longer applies. | *In Gemara Sukkah 24b, Rav Acha Bar Yaakov states that a wall that cannot stand in the wind is not considered a valid wall. The Chazon Ish (Hilchot Eruvin 13:6) suggests that a wall is not valid only if it falls or sways more than three tefachim in normal wind. However, Rav Ovadia Yosef in Chazon Ovadia pp. 1-5 and Rav Shlomo Zalman Auerbach (Halichot Shlomo Sukkah 7:1 p. 97) hold that plastic curtains that sway in the wind even slightly are unfit for walls of a Sukkah. Rav Ovadia adds, based on Shulchan Aruch 630:10, that this is true even if one ties down the ends because we are concerned that the ties will loosen and that he will not notice. Rav Moshe Feinstein in Sh”t Iggrot Moshe 5:40:2 writes that one should not misinterpret the prevalence of these canvas sukkot as an endorsement of their validity. On the other hand, some achronim (Rav Sonnenfeld, Rav Menashe Klein, and Rav Shternbuch all cited in Piskei Teshuvot 630:9) justify the common practice to use canvas Sukkot since nowadays they are put together well, so the concern of the Shulchan Aruch that the ties may become loose no longer applies. | ||
* | *[http://www.yutorah.org/lectures/lecture.cfm/764662/Rabbi_Hershel_Schachter/%D7%A2%D7%A0%D7%99%D7%99%D7%A0%D7%99_%D7%99%D7%95%D7%94%D7%9B'%D7%A4_%D7%95%D7%A1%D7%95%D7%9B%D7%95%D7%AA Rav Hershel Schachter] (“Inyonei Yom Kippur VeSukkot” min 72-80) explains that even though the Chazon Ish (Hilchot Eruvin 13:6) was lenient, most poskim are strict. | ||
*Rav Moshe Feinstein writes that if the canvas walls wouldn't move in the wind more than 3 tefachim without being tied down, then they are acceptable when they are tied down to the top and bottom of the frame. His reasoning is that Shulchan Aruch was only strict about a cloth that could become untied and sway more than 3 tefachim but if the cloth even if untied wouldn't sway more than 3 tefachim is permitted if tied. However, it still needs to be tied so that it doesn't move in a normal wind so that it is similar to an established house wall. Yet, since the Shulchan Aruch was strict about using cloths for walls of a Sukkah and the achronim don't distinguish between using different types of cloths one shouldn't use a canvas sukkah unless there's nothing else is | *Rav Moshe Feinstein writes that if the canvas walls wouldn't move in the wind more than 3 tefachim without being tied down, then they are acceptable when they are tied down to the top and bottom of the frame. His reasoning is that Shulchan Aruch was only strict about a cloth that could become untied and sway more than 3 tefachim but if the cloth even if untied wouldn't sway more than 3 tefachim is permitted if tied. However, it still needs to be tied so that it doesn't move in a normal wind so that it is similar to an established house wall. Yet, since the Shulchan Aruch was strict about using cloths for walls of a Sukkah and the achronim don't distinguish between using different types of cloths one shouldn't use a canvas sukkah unless there's nothing else available. [It is questionable if today's canvas sukkah's would fit the standards of Rav Moshe of not swaying 3 tefachim in the wind without being tied down.] | ||
*Hilchot Chag Bichag pp. 87-90 and Rav Menashe Klein (Mishneh Halachot 5:77) recommend, therefore, to place poles or cords horizontally across the sukkah within three tefachim of each other up to a height of ten tefachim, and, combined with the canvas, this would be a perfectly valid sukkah.</ref> | *Hilchot Chag Bichag pp. 87-90 and Rav Menashe Klein (Mishneh Halachot 5:77) recommend, therefore, to place poles or cords horizontally across the sukkah within three tefachim of each other up to a height of ten tefachim, and, combined with the canvas, this would be a perfectly valid sukkah.</ref> | ||
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#Throughout the entire holiday, it is Biblically forbidden to derive benefit from any of the essential materials used in building the sukkah. Regarding these materials, a stipulation will not permit one to derive benefit from them. <ref>Mishna Brurah 638:1 explaining Shulchan Aruch there. See Tosfot (Sukkah 9a s.v. minayin). The Rama 638:1 notes that the essential materials of the sukkah can’t be used even if makes a stipulation that they should not be designated for a mitzvah.</ref> | #Throughout the entire holiday, it is Biblically forbidden to derive benefit from any of the essential materials used in building the sukkah. Regarding these materials, a stipulation will not permit one to derive benefit from them. <ref>Mishna Brurah 638:1 explaining Shulchan Aruch there. See Tosfot (Sukkah 9a s.v. minayin). The Rama 638:1 notes that the essential materials of the sukkah can’t be used even if makes a stipulation that they should not be designated for a mitzvah.</ref> | ||
==Covering the Sukkah in case of | ==Covering the Sukkah in case of Rain== | ||
#It's permissible to cover the [[Sukkah]] on Shabbat and Yom Tov with a plastic tarp to prevent it from getting wet if one places the tarp directly above the Schach and not a [[tefach]] above the Schach and one has in mind to remove the tarp when one next uses the [[Sukkah]] for the mitzvah. <ref>Sh"t Igrot Moshe 5:39(4) writes that it's permissible to cover the [[Sukkah]] with a plastic sheet on [[Shabbat]] and [[Yom Tov]] without an issue of Boneh by making an Ohel nor the issue of [[muktzeh]]. </ref> | |||
# | ==Using Someone Else's Sukkah without their Permission== | ||
# One shouldn't use someone's sukkah without their permission.<Ref>Rama 637:3, Halachos of Other People's pg. 67<br> | |||
* Mishna Brura 637:9 quotes the Taz 637:4 that the reason for this is that it would be an invasion of the owner's privacy | |||
* Mishna Brura 637:9 quotes Eliya Rabba 637:3 who explains that you might not finish eating before the owner wants to enter, but the owner will be too embarrassed to ask you to leave | |||
* Mekor Chaim 637 says because you might leave a mess. | |||
* Halachos of Other People's Money pg. 68 note 184 writes that the practical difference between these reasons is that according to the first two, one who is certain that the owner is not around would be permitted to use it, but not according to the third reason. </ref> | |||
==Links== | ==Links== | ||
