Building the Sukkah: Difference between revisions

===Taaseh Vilo Min Haasuy===

==Number of Walls of the Sukkah==

#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.

*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.

*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>

#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>

===Two L-Shaped Walls with 1 Tefach Protrusion===

[[File:L 1 Tefach Sukkah.png|110px|right]]

===Two L-Shaped Walls with Parallel Wall===

[[Image:L I Sukkah.png|110px|right]]

===Two Parallel Walls with 4 Tefach Protrusion===

[[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>

===Two Parallel Walls with 7 Tefach Protrusion===

[[Image:2 Parallel Walls with 7 Tefach Protrusion.png|right|110px]]

===Completely Lavud===

#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.  

==Building a Sukkah in the street==

#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>

#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 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 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>

==Decorations of the Sukkah==

#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>

==Fixing a Sukkah That Fell on Yom Tov==

==Links==