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Building the Sukkah: Difference between revisions
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*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> The walls are kosher even if they aren't touching the ground and begin within 3 tefachim of the ground and also even if they do not reach the schach above.<Ref>Shulchan Aruch O.C. 630:9</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. Mishna Brurah 632:4 allows using lavud and gud asik but quotes a dispute about using gud asik and dofen akuma.</ref> The walls are kosher even if they aren't touching the ground and begin within 3 tefachim of the ground and also even if they do not reach the schach above.<Ref>Shulchan Aruch O.C. 630:9</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> | #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> | ||
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*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.] | *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> | ||
#Even though Tzurat Hapetach is a wall for Kilayim and Eruvin, it isn’t a wall for the critical walls of a Sukkah.<ref>Korban Netanel 1:8:60 quoting Ran</ref> | |||
==When should one build the Sukkah?== | ==When should one build the Sukkah?== | ||
