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 | #One should try to build the walls of the sukkah before putting up the schach.<ref>Rama O.C. 635:1</ref> 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, Mishna Brurah 635:10 </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> | #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>Sh"t Rav Pealim OC 1:34; 3:40</ref> | ||
==Number of Walls of the Sukkah== | ==Number of Walls of the Sukkah== | ||
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#If the walls of the sukkah are 10 tefachim tall, but they do not reach up to the sechach, the sukkah is kosher as long as the walls are lined up with the roof or within 3 tefachim, based on the principle of gud asik mechitzta.<ref>Mishna Brurah 630:43, Chazon Ovadia Sukkot pg. 12. | #If the walls of the sukkah are 10 tefachim tall, but they do not reach up to the sechach, the sukkah is kosher as long as the walls are lined up with the roof or within 3 tefachim, based on the principle of gud asik mechitzta.<ref>Mishna Brurah 630:43, Chazon Ovadia Sukkot pg. 12. | ||
*Shulchan Aruch 630:9 teaches based on the Gemara (Sukkah 16a) that the walls don’t have to reach the schach, as long as they line up within three tefachim of the schach. Mishna Brurah 630:43 and Chazon Ovadia p. 12 write that this is based on the concept of gud asik, that is, we view the walls as extending upward. | *Shulchan Aruch O.C. 630:9 teaches based on the Gemara (Sukkah 16a) that the walls don’t have to reach the schach, as long as they line up within three tefachim of the schach. Mishna Brurah 630:43 and Chazon Ovadia p. 12 write that this is based on the concept of gud asik, that is, we view the walls as extending upward. | ||
*The Gemara (Sukkah 6b) mentions that gud asik is a halacha limoshe misinai. The main discussion of it is in the Gemara (Sukkah 4b), where the gemara records a dispute as to whether one can build a sukkah without walls on the top of a flat roof. Rambam (Hilchot Sukkah 4:11) rules like R’ Yaakov who holds that if the schach is aligned with the walls of the house, the sukkah is valid because we view it as if the walls of the building extend upward. If the schach is not aligned with the walls of the house, the sukkah is invalid. Rosh (Sukkah 1:6) disagrees and rules like the Chachamim that in either case the sukkah built without walls on a roof is invalid. Shulchan Aruch 630:6 quotes both opinions, but Mishna Brurah 630:30 is machmir for the Rosh. | *The Gemara (Sukkah 6b) mentions that gud asik is a halacha limoshe misinai. The main discussion of it is in the Gemara (Sukkah 4b), where the gemara records a dispute as to whether one can build a sukkah without walls on the top of a flat roof. Rambam (Hilchot Sukkah 4:11) rules like R’ Yaakov who holds that if the schach is aligned with the walls of the house, the sukkah is valid because we view it as if the walls of the building extend upward. If the schach is not aligned with the walls of the house, the sukkah is invalid. Rosh (Sukkah 1:6) disagrees and rules like the Chachamim that in either case the sukkah built without walls on a roof is invalid. Shulchan Aruch 630:6 quotes both opinions, but Mishna Brurah 630:30 is machmir for the Rosh. | ||
*So if we do not accept the application of gud asik to sukkah in that case, then why is a sukkah valid even if the walls do not reach the schach? The Steipler (Kehilot Yaakov Siman 4) suggests that perhaps there is no requirement for the walls of the sukkah to reach the schach. Rav Nissim Karelitz (Chut Shani Sukkot p. 228) explains that even though the Mishna Brurah was machmir for the Rosh, that was where the sukkah itself had no walls and we wanted to extend the walls of the building beyond the roof. However, in this case, the sukkah itself has defined walls and we are extending those. | *So if we do not accept the application of gud asik to sukkah in that case, then why is a sukkah valid even if the walls do not reach the schach? The Steipler (Kehilot Yaakov Siman 4) suggests that perhaps there is no requirement for the walls of the sukkah to reach the schach. Rav Nissim Karelitz (Chut Shani Sukkot p. 228) explains that even though the Mishna Brurah was machmir for the Rosh, that was where the sukkah itself had no walls and we wanted to extend the walls of the building beyond the roof. However, in this case, the sukkah itself has defined walls and we are extending those. | ||
*Rabbi Akiva Eiger (responsa 12) questions the psak of the Shulchan Aruch based on a Ran (Sukkah 9a) who says that one cannot use lavud with another leniency. Therefore, in this case one cannot extend the walls horizontally using lavud since the walls are not lined up perfectly, and also extend them vertically using gud asik. The answer of the Steipler resolves this issue, as he claims that allowing a ten tefach wall that does not reach the roof is not based on gud asik and therefore, lavud may be used. See also Chazon Ish 77:7 for another resolution of Rabbi Akiva Eiger’s question.</ref> | *Rabbi Akiva Eiger (responsa 12) questions the psak of the Shulchan Aruch based on a Ran (Sukkah 9a) who says that one cannot use lavud with another leniency. Therefore, in this case one cannot extend the walls horizontally using lavud since the walls are not lined up perfectly, and also extend them vertically using gud asik. The answer of the Steipler resolves this issue, as he claims that allowing a ten tefach wall that does not reach the roof is not based on gud asik and therefore, lavud may be used. See also Chazon Ish 77:7 for another resolution of Rabbi Akiva Eiger’s question.</ref> | ||
#There is no maximum width or length but the maximum height is 20 [[Amot]]. If it is higher than 20 Amot it is invalid.<ref>Mishna Sukkah 1:1, Shulchan Aruch 633:1, 634:1 </ref> | #There is no maximum width or length but the maximum height is 20 [[Amot]]. If it is higher than 20 Amot it is invalid.<ref>Mishna Sukkah 1:1, Shulchan Aruch O.C. 633:1, 634:1 </ref> | ||
#Even if a sukkah is very thin such as if it is 7x7 tefachim but is very tall such as if it is 20 Amot or less it is valid.<ref>Tashbetz 1:126 writes that even though according to Rabbi Zeira any sukkah in which one doesn't sit in the shade of the schach but in the shade of the walls it is invalid. He extends the idea of the gemara that if it is 4x4 amot wide and more than 20 amot tall to a sukkah that is 2x2 wide and more than 10 amot tall. In conclusion he rules that we don't follow the opinion of Rabbi Zeira.</ref> | #Even if a sukkah is very thin such as if it is 7x7 tefachim but is very tall such as if it is 20 Amot or less it is valid.<ref>Tashbetz 1:126 writes that even though according to Rabbi Zeira any sukkah in which one doesn't sit in the shade of the schach but in the shade of the walls it is invalid. He extends the idea of the gemara that if it is 4x4 amot wide and more than 20 amot tall to a sukkah that is 2x2 wide and more than 10 amot tall. In conclusion he rules that we don't follow the opinion of Rabbi Zeira.</ref> | ||
#The walls must be built within 3 [[Tefachim]] of the ground.<ref>Shulchan Aruch 630:9, Rav Shlomo Zalman Auerbach in Halichot Shlomo (7:5, p. 100), Chazon Ovadia Sukkot pg. 12 </ref> | #The walls must be built within 3 [[Tefachim]] of the ground.<ref>Shulchan Aruch 630:9, Rav Shlomo Zalman Auerbach in Halichot Shlomo (7:5, p. 100), Chazon Ovadia Sukkot pg. 12 </ref> | ||
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===Two L-Shaped Walls with 1 Tefach Protrusion=== | ===Two L-Shaped Walls with 1 Tefach Protrusion=== | ||
[[File:L 1 Tefach Sukkah.png|110px|right]] | [[File:L 1 Tefach Sukkah.png|110px|right]] | ||
# It is possible to make a Sukkah with two connected walls and a third wall of slightly more than a tefach. That protrusion has to be placed at the end of slightly less than 3 tefachim from one of the walls. Then a | |||
#It is possible to make a Sukkah with two connected walls and a third wall of slightly more than a tefach. That protrusion has to be placed at the end of slightly less than 3 tefachim from one of the walls. Then a pole that is 4 tefachim away from the 1 tefach wall and a string on top of the pole and one tefach wall to indicate that there's an appearance of a doorway (''Tzurat Hapetach'') between the wall and pole.<ref>Shulchan Aruch O.C. 630:2</ref> | |||
===Two L-Shaped Walls with Parallel Wall=== | ===Two L-Shaped Walls with Parallel Wall=== | ||
[[Image:L I Sukkah.png|110px|right]] | [[Image:L I Sukkah.png|110px|right]] | ||
# It is perfectly kosher to have three walls two of which are parallel and two are adjacent in an L shape as such as long as each is 7 tefachim.<ref>Chut Shani p. 225</ref> | |||
#It is perfectly kosher to have three walls two of which are parallel and two are adjacent in an L shape as such as long as each is 7 tefachim.<ref>Chut Shani p. 225</ref> | |||
===Two Parallel Walls with 4 Tefach Protrusion=== | ===Two Parallel Walls with 4 Tefach Protrusion=== | ||
[[Image:4 Tefach Sukkah.png|right|110px]] | [[Image:4 Tefach Sukkah.png|right|110px]] | ||
#If one has two walls facing one another and the third is four [[Tefachim]] it must be within 3 [[Tefachim]] of one side and within 3 of the other or at least have a tzurat hapetach to the second side.<ref>Shulchan Aruch O.C. 630:3 </ref> | #If one has two walls facing one another and the third is four [[Tefachim]] it must be within 3 [[Tefachim]] of one side and within 3 of the other or at least have a tzurat hapetach to the second side.<ref>Shulchan Aruch O.C. 630:3 </ref> | ||
===Two Parallel Walls with 7 Tefach Protrusion=== | ===Two Parallel Walls with 7 Tefach Protrusion=== | ||
[[Image:2 Parallel Walls with 7 Tefach Protrusion.png|right|110px]] | [[Image:2 Parallel Walls with 7 Tefach Protrusion.png|right|110px]] | ||
#If the third wall is a complete wall of 7 tefachim the sukkah is valid even if it far from the other walls.<ref>Chut Shani (Sukkah p. 225) | #If the third wall is a complete wall of 7 tefachim the sukkah is valid even if it is far from the other walls.<ref>Chut Shani (Sukkah p. 225). Chut Shani implies that the only time that Shulchan Aruch O.C. 630:5 requires a tzurat hapetach is when there is a a third wall of a tefach that is completed by a tzurat hapetach. However, if the third wall is 7 tefachim you don't need a tzurat hapetach even if it is more than 10 amot of a break. See Mishna Brurah 630:18 who implies otherwise. </ref> | ||
# If a Sukkah has two walls parallel to each other, it can be made kosher with a third wall that is only slightly more than 4 tefachim and is placed within 3 tefachim of one of the other walls. The Sukkah should have a Tzurat Hapetach (appearance of a door) connecting the 4 tefach wall with the opposite wall.<ref>Gemara Sukkah 7a, Shulchan Aruch O.C. 630:3. Mishna Brurah 630:15 quotes the Magen Avraham who wasn't sure if this case is effective unless it is a small Sukkah of 7 tefachim by 7 tefachim and there is no gap between the 4 tefach wall and the other parallel wall. However, he concludes that most disagree with the Magen Avraham and validate this Sukkah. Kaf HaChayim on Shulchan Arukh Orach Chayim 630:29:1 and Hilchot Chag Bchag (Sukkah 5:9 p. 119) are lenient. </ref> | #If a Sukkah has two walls parallel to each other, it can be made kosher with a third wall that is only slightly more than 4 tefachim and is placed within 3 tefachim of one of the other walls. The Sukkah should have a Tzurat Hapetach (appearance of a door) connecting the 4 tefach wall with the opposite wall.<ref>Gemara Sukkah 7a, Shulchan Aruch O.C. 630:3. Mishna Brurah 630:15 quotes the Magen Avraham who wasn't sure if this case is effective unless it is a small Sukkah of 7 tefachim by 7 tefachim and there is no gap between the 4 tefach wall and the other parallel wall. However, he concludes that most disagree with the Magen Avraham and validate this Sukkah. Kaf HaChayim on Shulchan Arukh Orach Chayim 630:29:1 and Hilchot Chag Bchag (Sukkah 5:9 p. 119) are lenient. </ref> | ||
# If the Sukkah has two parallel walls and a 7 tefachim or more protrusion from one side then it is valid without any Tzurat Hapetach. If there is a gap of more than 10 amot there should be a tzurat hapetach connecting the 7 tefach wall with the opposite wall.<ref>Rama O.C. 630:3, Mishna Brurah 630:18, Hilchot Chag Bchag (Sukkah 5:9 p. 119)</ref> | #If the Sukkah has two parallel walls and a 7 tefachim or more protrusion from one side then it is valid without any Tzurat Hapetach. If there is a gap of more than 10 amot there should be a tzurat hapetach connecting the 7 tefach wall with the opposite wall.<ref>Rama O.C. 630:3, Mishna Brurah 630:18, Hilchot Chag Bchag (Sukkah 5:9 p. 119)</ref> | ||
#If a Sukkah has 2 walls and a third wall of 4 tefachim that needs to be completed with a tzurat hapetach, it is acceptable even if the doorframe has something in the way blocking access to actually walking through the doorframe. An example of this is with a porch that has a lintel as the doorframe connecting the 4 tefach wall to another wall and beneath the doorframe is a banister.<ref>Chut Shani p. 225 explains based on Chazon Ish Eruvin 70:19 that a doorframe is valid even if it isn't accessible to be used as a door because the space beneath it is cluttered since it is accessible on the other side. Even though one couldn't actually go through the door but it is seen as a door since on the inside it stands as a door.</ref> (This is assuming that the banister is not the dimensions of a wall itself.) | |||
[[Image:Porch_with_Tzurat_Hapetach.png|right|150px]] | |||
===Completely Lavud=== | ===Completely Lavud=== | ||
#Sephardim hold that one may create the walls of the sukkah by placing several poles within three tefachim of each other. This is true whether the poles are placed horizontally or vertically.<ref>Kaf Hachaim 630:18 writes that one may create a sukkah with three walls by placing poles within 3 tefachim of each other, either horizontally or vertically. Chazon Ovadia pp. 5-6 agrees and thus allows building a sukkah on a porch enclosed on three sides by bars with less than three tefachim space between them.</ref> | |||
#Ashkenazim allow this only if one either one makes 4 walls with lavud or has cloth walls in addition to the 3 lavud walls.<ref>Rav Shlomo Zalman Auerbach in Halichot Shlomo (7:2, p. 98). However, Tosfot (Sukkah 16b s.v. bifachot) holds that one cannot create a wall completely based on lavud, meaning, one cannot make entire walls of either vertical or horizontal beams within three tefachim of each other. Magen Avraham 630:1 writes that Tosfot would validate a sukkah with walls made of only vertical or horizontal beams if the sukkah has four walls. Mishna Brurah 630:7 rules like this Magen Avraham, but in Shaar Hatziyun 630:49 he allows the use of vertical or horizontal beams to construct a three-walled sukkah when clothes are used to form the walls. In this case, even if one is strict to not use cloth, one can be lenient because the lavud walls would serve as backup if the cloth did untie. Chazon Ish 75:12 is strict even if one builds four walls with these beams, against the Magen Avraham. [https://www.yutorah.org/sidebar/lecture.cfm/972040/rabbi-hershel-schachter/inyonei-succos-5781/ Rav Hershel Schachter (Inyonei Succos 5781 min 36-8)] explained that we follow that the Mishna Brurah that if there are four walls it is sufficient with lavud in one direction. Therefore, in the days of corona those who want to use sukkah's with no walls so that there's less of a health concern can do so with lavud of four walls.</ref> | #Sephardim hold that one may create the walls of the sukkah by placing several poles within three tefachim of each other. This is true whether the poles are placed horizontally or vertically.<ref>Kaf Hachaim 630:18 writes that one may create a sukkah with three walls by placing poles within 3 tefachim of each other, either horizontally or vertically. Chazon Ovadia pp. 5-6 agrees and thus allows building a sukkah on a porch enclosed on three sides by bars with less than three tefachim space between them.</ref> | ||
# If the walls have lavud in both the horizontal and vertical direction it is permissible even with three walls according to everyone.<ref>Magen Avraham 630:1</ref> | #Ashkenazim allow this only if one either one makes 4 walls with lavud or has cloth walls in addition to the 3 lavud walls.<ref>Rav Shlomo Zalman Auerbach in Halichot Shlomo (7:2, p. 98). However, Tosfot (Sukkah 16b s.v. bifachot) holds that one cannot create a wall completely based on lavud, meaning, one cannot make entire walls of either vertical or horizontal beams within three tefachim of each other. Magen Avraham 630:1 writes that Tosfot would validate a sukkah with walls made of only vertical or horizontal beams if the sukkah has four walls. Mishna Brurah 630:7 rules like this Magen Avraham, but in Shaar Hatziyun 630:49 he allows the use of vertical or horizontal beams to construct a three-walled sukkah when clothes are used to form the walls. In this case, even if one is strict to not use cloth, one can be lenient because the lavud walls would serve as backup if the cloth did untie. Chazon Ish 75:12 is strict even if one builds four walls with these beams, against the Magen Avraham and Mishna Brurah. Bikkurei Yakov 630:4 also disagrees with the Magen Avraham and disallows lavud walls even if there are four walls. [https://www.yutorah.org/sidebar/lecture.cfm/972040/rabbi-hershel-schachter/inyonei-succos-5781/ Rav Hershel Schachter (Inyonei Succos 5781 min 36-8)] explained that we follow that the Mishna Brurah that if there are four walls it is sufficient with lavud in one direction. Therefore, in the days of corona those who want to use sukkah's with no walls so that there's less of a health concern can do so with lavud of four walls. | ||
*Chut Shani Sukkot p. 229 adds that even according to the Magen Avraham a wall of four tefachim can be joined to two L shaped walls with lavud even if there isn't four walls. Creating a wall with lavud is impermissible, but attaching walls can have lavud.</ref> | |||
#If the walls have lavud in both the horizontal and vertical direction it is permissible even with three walls according to everyone.<ref>Magen Avraham 630:1, Chut Shani Sukkot p. 229</ref> | |||
===Schach That Extends Beyond the Walls=== | |||
[[File:S%27chach_Beyond_Sukkah.png|150px|right]] | |||
#If there are 3 walls of 7 tefachim which are all attached and one of the protruding walls is longer than the other, the schach that extends along that longer wall is valid and included in the sukkah.<ref>Shulchan Aruch O.C. 631:7, Mishna Brurah 631:15 </ref> | |||
# Schach that extends beyond the Sukkah walls is not considered a valid Sukkah to eat or sleep there unless that area has the dimensions of a Sukkah, namely, 7x7 tefachim and has three walls.<ref>Sukkah 19a, Shulchan Aruch O.C. 631:6. The only nuance that it is valid once it has the dimensions of a sukkah and has three walls is that the middle wall wasn't built for the outer Sukkah, it was only built for the inner sukkah and nonetheless that is acceptable.</ref> | |||
==Building a Sukkah in the street== | ==Building a Sukkah in the street== | ||
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==Materials for walls of Sukkah== | ==Materials for walls of Sukkah== | ||
#All materials are permissible to be for the walls of a [[Sukkah]] (see next halacha). Some say that that a pious person should preferably only use materials that aren't | #All materials are permissible to be for the walls of a [[Sukkah]] (see next halacha). Some say that that a pious person should preferably only use materials that aren't biblically unfit for [[S'chach]].<ref>The Mishna Sukkah 12a declares that all materials are valid for the walls. Shulchan Aruch 630:1 codifies this. Interestingly, the Bach OC 630:1 writes that a pious person should be strict for the Or Zarua (Hilchot Sukkah 2:289:2 quoted by Hagahot Ashri 1:24) who holds that one should not use materials that one may not use for schach for the walls of the sukkah, such as materials that are susceptible to impurity. The Biur Hagra 630:1 questions the Hagahot Ashri, since the Yerushalmi he quotes as a proof, in fact says exactly the opposite. Beiur Halacha s.v. Kol quotes two reasons that a pious person should be strict only to use materials that are not unfit biblically for [[S'chach]] based on the Bach siman 630, but quotes others who reject this stringency. See Chazon Ovadia [[Sukkot]] 1-2 for a list of poskim as well even though he allows the use of these materials. Chazon Ovadia pp. 1-2 as well as Aruch Hashulchan 630:1-2 both say that most achronim do not hold of this stringency and allow one to use materials that are mekabel tumah for the walls. </ref> Nonetheless, one should avoid using any material that emits a foul odor.<ref>Rama 630:1</ref> | ||
#Accordingly, one may even form a sukkah outside of one’s car by opening the doors on one side of the car and placing schach over them.<ref>R’ Moshe Heinemann permits this (http://www.jewishworldreview.com/1000/sukkah.car.html) . When building one’s sukkah in this manner he should also ensure that 1) the doors of the sukkah reach within three tefachim of the ground, to accomplish this it may help to park near the curb (see section titled “Lavud”) 2) the door on the opposite side of the car remains closed, 3) one may not use the seat of the car as one’s table even if he only plans to eat under the schach. </ref> | #Accordingly, one may even form a sukkah outside of one’s car by opening the doors on one side of the car and placing schach over them.<ref>R’ Moshe Heinemann permits this (http://www.jewishworldreview.com/1000/sukkah.car.html) . When building one’s sukkah in this manner he should also ensure that 1) the doors of the sukkah reach within three tefachim of the ground, to accomplish this it may help to park near the curb (see section titled “Lavud”) 2) the door on the opposite side of the car remains closed, 3) one may not use the seat of the car as one’s table even if he only plans to eat under the schach. </ref> | ||
#Many authorities hold that plastic curtains (tarp, canvas) are unfit for walls of a [[Sukkah]], while others permit. [This is not because of an issue with the material itself but because of an issue with it blowing in the wind.] <ref>Rav Ovadiah Yosef in Chazon Ovadyah (pg 1-5), Yabia Omer OC 9:59, and Yechave Daat 3:46, Rav Menashe Klein Mishnah Halachot 512, Rav Chaim Zonnenfeld in Salmat Chaim 254 and Rav Shlomo Zalman Auerbach in Halichot Shlomo ([[Sukkah]] 7:1 pg 97) hold that plastic curtains that sway in the wind even slightly are unfit for walls of a [[Sukkah]]. [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] (min 72-80) explains that even though the Chazon Ish (hilchot eruvin 13:6) was lenient, most poskim are strict. In a situation of extreme need Rav Schachter thought one could rely on the Chazon Ish to eat in such a sukkah.<br /> | #Many authorities hold that plastic curtains (tarp, canvas) are unfit for walls of a [[Sukkah]], while others permit. [This is not because of an issue with the material itself but because of an issue with it blowing in the wind.] <ref>Rav Ovadiah Yosef in Chazon Ovadyah (pg 1-5), Yabia Omer OC 9:59, and Yechave Daat 3:46, Rav Menashe Klein Mishnah Halachot 512, Rav Chaim Zonnenfeld in Salmat Chaim 254 and Rav Shlomo Zalman Auerbach in Halichot Shlomo ([[Sukkah]] 7:1 pg 97) hold that plastic curtains that sway in the wind even slightly are unfit for walls of a [[Sukkah]]. [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] (min 72-80) explains that even though the Chazon Ish (hilchot eruvin 13:6) was lenient, most poskim are strict. In a situation of extreme need Rav Schachter thought one could rely on the Chazon Ish to eat in such a sukkah.<br /> | ||
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#The pious are careful to build to begin building the [[Sukkah]] on Motzei [[Yom Kippur]] and finish it the next day in order to go from one mitzvah ([[Yom Kippur]]) to another ([[Sukkot]]).<ref>Rama 624:5, Mishna Brurah 624:19, Yalkut Yosef Moadim page 118, Chazon Ovadia [[Sukkot]] page 99 </ref> | #The pious are careful to build to begin building the [[Sukkah]] on Motzei [[Yom Kippur]] and finish it the next day in order to go from one mitzvah ([[Yom Kippur]]) to another ([[Sukkot]]).<ref>Rama 624:5, Mishna Brurah 624:19, Yalkut Yosef Moadim page 118, Chazon Ovadia [[Sukkot]] page 99 </ref> | ||
#If there is a [[shabbat]] between [[Yom Kippur]] and [[Sukkot]] some poskim say that there is an obligation to build it before that [[shabbat]]. Avnei Nezer 459 writes that this obligation isn't just because of zrizin makdimin limitzvot and therefore it is an obligation. However, the Minchat Elazar 4:55 writes that this is not an obligation but just the preferred option, and this is the conclusion of Yalkut Yosef page 118 and Chazon Ovadia [[Sukkot]] page 99. | #If there is a [[shabbat]] between [[Yom Kippur]] and [[Sukkot]] some poskim say that there is an obligation to build it before that [[shabbat]].<ref>Avnei Nezer 459 writes that this obligation isn't just because of zrizin makdimin limitzvot and therefore it is an obligation. However, the Minchat Elazar 4:55 writes that this is not an obligation but just the preferred option, and this is the conclusion of Yalkut Yosef page 118 and Chazon Ovadia [[Sukkot]] page 99.</ref> | ||
#Preferably, one should build it for himself, but if this isn't possible he should appoint an agent to do it for him and strive to at least take part in the building in some form even if this means missing out on more learning time.<ref>Yalkut Yosef Moadim page 199, Chazon Ovadia [[Sukkot]] page 99 </ref> | #Preferably, one should build it for himself, but if this isn't possible he should appoint an agent to do it for him and strive to at least take part in the building in some form even if this means missing out on more learning time.<ref>Yalkut Yosef Moadim page 199, Chazon Ovadia [[Sukkot]] page 99 </ref> | ||
#If a [[Sukkah]] was set up with the [[S'chach]] from before 30 days before [[sukkot]] and it wasn't made for the purpose of the mitzvah of [[Sukkot]] one must change or improve one thing (such as putting down [[S'chach]]) of an area a [[Tefach]] by a [[Tefach]] or the whole width even if it's of minimal length (or vice versa). However, if it was made within 30 days of [[Sukkot]] or was made for the express purpose of [[Sukkot]] it's fit even without any change. However, if the [[Sukkah]] was originally built for [[Sukkot]] and stands unchanged year to year it requires some change the each year. This is only if the [[S'chach]] was put in advance but if just the walls were putup in advance and not the [[S'chach]] there's no issue.<ref>Shulchan Aruch 636:1, Mishna Brurah 636:1, 5-7. Mishna Brurah 636:4 also points out that this is only the preferable course of action (but after the fact isn't absolutely necessary). </ref> | #If a [[Sukkah]] was set up with the [[S'chach]] from before 30 days before [[sukkot]] and it wasn't made for the purpose of the mitzvah of [[Sukkot]] one must change or improve one thing (such as putting down [[S'chach]]) of an area a [[Tefach]] by a [[Tefach]] or the whole width even if it's of minimal length (or vice versa). However, if it was made within 30 days of [[Sukkot]] or was made for the express purpose of [[Sukkot]] it's fit even without any change. However, if the [[Sukkah]] was originally built for [[Sukkot]] and stands unchanged year to year it requires some change the each year. This is only if the [[S'chach]] was put in advance but if just the walls were putup in advance and not the [[S'chach]] there's no issue.<ref>Shulchan Aruch 636:1, Mishna Brurah 636:1, 5-7. Mishna Brurah 636:4 also points out that this is only the preferable course of action (but after the fact isn't absolutely necessary). </ref> | ||
#If one forgot intentionally or unintentionally to build a [[Sukkah]] before [[Sukkot]] one can build it on [[chol hamoed]]. One may, however, not build it or fix it on [[Yom Tov]].<ref>Shulchan Aruch 637:1, Mishna Brurah 637:1. See [http://www.yutorah.org/lectures/lecture.cfm/782407/_Shay_Schachter/Building_a_Succah_on_Chol_Hamoed_and_Being_Usable_for_Seven_Days Rabbi Shay Schachter in a shiur on yutorah.org] who discusses the opinion of Rabbi Eliezer who wouldn't allow building a [[Sukkah]] on [[Chol HaMoed]].</ref> | #If one forgot intentionally or unintentionally to build a [[Sukkah]] before [[Sukkot]] one can build it on [[chol hamoed]]. One may, however, not build it or fix it on [[Yom Tov]].<ref>Shulchan Aruch O.C. 637:1, Mishna Brurah 637:1. See [http://www.yutorah.org/lectures/lecture.cfm/782407/_Shay_Schachter/Building_a_Succah_on_Chol_Hamoed_and_Being_Usable_for_Seven_Days Rabbi Shay Schachter in a shiur on yutorah.org] who discusses the opinion of Rabbi Eliezer who wouldn't allow building a [[Sukkah]] on [[Chol HaMoed]].</ref> | ||
##If one builds a [[Sukkah]] on [[Chol HaMoed]], one should recite a [[Shehechiyanu]] the first time one sits in the newly built [[Sukkah]].<ref>Yalkut Yosef 637:1</ref> | ##If one builds a [[Sukkah]] on [[Chol HaMoed]], one should recite a [[Shehechiyanu]] the first time one sits in the newly built [[Sukkah]].<ref>Yalkut Yosef 637:1 and Rivevot Efraim 6:337:1. See, however, Az Nidbaru 13:39 who argues that the shehechiyanu is made upon the building the sukkah as it is a preparation for a mitzvah but once one made shehechiyanu upon the primary mitzvah, sitting in the sukkah, there is no more of a reason to recite when building a sukkah in the middle of sukkot. Yalkut Yosef Sukkah p. 487 supports this ruling from the Masat Moshe 1:5 and Mikrei Kodesh 1:25 unlike the Betzel Chachma 5:171, Shraga Hameir 5:72, and Kinyan Torah 4:76 who hold not to recite shehechiyanu in the middle of Sukkot.</ref> | ||
#On Friday afternoon, ideally one should build the Sukkah before midday. However, many poskim hold that it is permissible to do so even in the afternoon until nine and a half hours into the day.<ref>Pesachim 50b establishes that someone who works after mincha on Friday will not see any bracha to see work. Mordechai (Pesachim 5:603) quotes the Maharam who explains that it is after mincha gedola, meaning after midday, which is a half hour beforehand. However, Rashi (Pesachim 50b s.v. min) says that the gemara refers to mincha ketana, which is nine and a half hours into the day. Both opinions are cited in Shulchan Aruch O.C. 251:1. Mishna Brurah 251:2 writes that someone who is lenient doesn't lose out. The Pri Megadim E"A 625:1 writes that it is forbidden to build a sukkah after midday on Friday based on siman 251. Mishna Brurah 625:2 cites the Pri Megadim and agrees. However, the Bikkurei Yakov 625:5 disputes this because the achronim, including the Magen Avraham, Taz, and Eliya Rabba in siman 251 are lenient to follow Rashi. Therefore, he allows building the sukkah until mincha ketana.</ref> | |||
==Decorations of the Sukkah== | ==Decorations of the Sukkah== | ||
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#A [[sukkah]] built for [[sukkot]] is exempt from a [[mezuza]] since it is a temporary structure.<ref>Chazon Ovadia [[Sukkot]] page 94, Shulchan Aruch YD 286:11 based on Yoma 10b. </ref> | #A [[sukkah]] built for [[sukkot]] is exempt from a [[mezuza]] since it is a temporary structure.<ref>Chazon Ovadia [[Sukkot]] page 94, Shulchan Aruch YD 286:11 based on Yoma 10b. </ref> | ||
#A [[sukkah]] built on a wagon, car, ship, etc. is kosher, and one who sits in it can recite the beracha of leshev basukkah even while it is moving.<ref>Yalkut Yosef Moadim page 121, Yechave Daat 3:47, Chazon Ovadia [[Sukkot]] page 169. </ref> | #A [[sukkah]] built on a wagon, car, ship, etc. is kosher, and one who sits in it can recite the beracha of leshev basukkah even while it is moving.<ref>Yalkut Yosef Moadim page 121, Yechave Daat 3:47, Chazon Ovadia [[Sukkot]] page 169. </ref> | ||
#Throughout the entire holiday, it is | #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 Rain== | ==Covering the Sukkah in case of Rain== | ||
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#One shouldn't use someone's sukkah without their permission.<ref>Rama 637:3, Halachos of Other People's pg. 67<br> | #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 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 | *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. | *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> | *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> | ||
==Fixing a Sukkah That Fell on Yom Tov== | ==Fixing a Sukkah That Fell on Yom Tov== | ||
# It is permissible to ask a non-Jew to fix sachach that fell down on Yom Tov.< | |||
#It is permissible to ask a non-Jew to fix sachach that fell down on Yom Tov.<ref>Yabia Omer OC 8:50, Rivevot Efraim 1:424:1</ref> | |||
==Links== | ==Links== | ||
