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| ==Building a Sukkah in the street== | | ==Building a Sukkah in the street== |
| # If there's no room on private property to build a Sukkah and the city leaders (mayor) give permission, it's permissible to build it in the public street however one should make sure that the Sukkah doesn't to block walkers (traffic). <ref> Halichot Shlomo (7:11, pg 109) </ref> | | # If there's no room on private property to build a Sukkah and the city leaders (mayor) give permission, it's permissible to build it in the public street however one should make sure that the Sukkah doesn't to block walkers (traffic). <ref> Rav Shlomo Zalman Auerbach in Halichot Shlomo (7:11, pg 109) </ref> |
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| ==Materials for walls of Sukkah== | | ==Materials for walls of Sukkah== |
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| # 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. However, Rav Moshe Feinstein in Sh”t Iggerot Moshe 5:40 permits if the curtains are thick and there are poles. [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. Rav Schachter leaves an absolute guideline unclear but in a situation of extreme need one could rely on the Chazon Ish. </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. However, Rav Moshe Feinstein in Sh”t Iggerot Moshe 5:40 permits if the curtains are thick and there are poles. [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. Rav Schachter leaves an absolute guideline unclear but in a situation of extreme need one could rely on the Chazon Ish. </ref> |
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| ==S'chach of Sukkah==
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| # There's three conditions regarding the S'chach (covering) of the Sukkah. It must be made from a material that grows from the ground, is unattached from the ground, and is impervious to impurity (see further for examples). <ref>S"A 629:1, Sukkah 12a based on Devarim 16:13, Yalkut Yosef Moadim page 123, Chazon Ovadia [[Sukkot]] page 14. </ref>
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| # Metal, dirt, and animal hides are unfit for S'chach as they do not grow from the ground. <ref>S"A and Rama 629:1, Yalkut Yosef Moadim page 123, Chazon Ovadia [[Sukkot]] page 14 </ref>
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| # Branches attached to a tree which is still attached to the ground is not fit for schach. Therefore, if one put that over his sukkah, and then decided to detach them from the tree one must shake each branch by lifting and placing back down, otherwise it is not kosher as this is a problem of taaseh vilo min ha'asuy. <ref> Yalkut Yosef Moadim page 123, Chazon Ovadia [[Sukkot]] page 33. </ref>
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| # Bamboo mats made for S'chach which are 3x2 meters according to most poskim are fit for S'chach. <ref>Chazon Ovadyah (Sukkot pg 25-6). Halichot Shlomo (pg 128) and [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 78-79:30) are also lenient unlike Rav Elyashiv (quoted by Sh"t Shevet HaLevi 6:74) who is strict. </ref>
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| # The S'chach should be made so that there is a majority of shade and minority of sunlight that's let through the S'chach. If there's an equal amount of shade and sun in the actual S'chach it's unfit but if there's an equal amount of shade to light that shines on the floor of the Sukkah it's fit. <ref>S"A 631:1 and 4 </ref>
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| # The S'chach should be thin enough that one can see the large stars through the S'chach. <ref>S"A 631:3 </ref>
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| # If one made the S'chach very thick so that one can't see the stars nonetheless it's fit. However, if it's so thick that when it rains a lot water won't come in then it's unfit unless there's no way to remove some S'chach in which case one may rely on the lenient opinions. <ref>S"A 631:3, Mishna Brurah 631:6 </ref>
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| # If one made the S'chach very thin so that there's patches of empty space it's fit only if (1) there's no area of empty space larger than 3 [[Tefachim]] and (2) there is a majority of shade and minority of sunlight (counting the entire area of the S'chach). Even if it's an acceptable Sukkah, nonetheless, if there's a patch of 7x7 7 [[Tefachim]] which has more sunlight than shade one may not sit in that area. <ref>S"A 631:2 and 4 rules that if altogether there's a majority of shade and minority of sunlight and there's no open space of 3 [[Tefachim]] it's fit. Rama 631:2 adds that some are strict if there's an area of 7x7 [[Tefachim]] which has more sunlight than shade. The Aruch HaShulchan 631:5 and Mishna Brurah 631:4 writes that in such an area one may not sit. Mishna Brurah adds that if there's such a patch that breaks up one of the walls so that there's only 2 walls left then it puts the whole sukkah into question. </ref>
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| # It's preferable not to put the S'chach directly on top of walls which are made out of material that's unfit for S'chach. <ref> Mishna Brurah 630:59, Chazon Ovadyah (Sukkot pg 44) </ref>According to most leading authorities, however, it's permissible to place S'chach on top of a material that's fit for S'chach which is in turn held up by something that's unfit for S'chach. Therefore, if one has a metal frame one should place wooden planks on the frame and then S'chach on top of it. <ref>Mishna Brurah 629:26, BeYitzchak Yikra (Rav Nevensal) on that Mishna Brurah quoting Rav Shlomo Zalman Auerbach, Yabia Omer 10:46 and Chazon Ovadyah (Sukkot pg 44) are lenient unlike the Chazon Ish 143:2-3. [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] (62:30-66:15) also seems to be lenient (listen for exact language). see Chelkat Yaakov 3:127, Minchat Shlomo 2:55 and Moadim u'zmanim 1:82. </ref> Bidieved, if the schach was placed directly on metal, it is kosher. <ref> Mishnah Berurah 629:22 and 630:58 </ref>
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| # One must ensure that one's Sukkah is under the open sky and not beneath a tree, roof of a house, or a porch. (For details about after the fact see the footnote.) <ref> Rama 626:1 writes that in all cases one should avoid building one's sukkah under a tree or roof. Mishna Brurah 626:1 and Aruch HaShulchan 626:1 explain that it's best to build the Sukkah under the open sky. So rules Chazon Ovadyah (Sukkot pg 11) and Yalkut Yosef Moadim page 125. However, after the fact, Aruch HaShulchan 626:1 writes if it's built under a roofed area it's unfit, but if it's built under a tree there is a discussion about when it is fit. S"A 626:1 (according to Biur Halacha s.v. VeYesh, Mishna Berurah 626:10 and 11) rules that a sukkah under branches of a tree is fit only if it fits three requirements (See S"A with Mishna Berurah 626:10 and 11). (1) Among the branches of the tree there is majority of sun and minority shade (2) the there is less than four tefachim of tree branches over the schach, and (3) there is a majority of shade from the kosher schach and a minority of shade even without the tree branches (and even so the sachach under the tree branches itself is unfit but the rest of the sukkah is fit). </ref>
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| # A sukkah built under clothes-lines or electric/phone lines, even if there isn't a space of 3 tefachim between each one, is still kosher, even if clothing is on the lines. <ref> Yalkut Yosef Moadim page 125, Chazon Ovadia [[Sukkot]] page 69. </ref>
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| # If one built a sukkah under a tree or a house which would render it unfit, and then removed the branches or the roof to make it kosher, this isn't a problem of taaseh vilo min ha'asuy as the problem was never in the schach itself. <ref> Chazon Ovadia page 33. </ref>
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| # One shouldn't use schach with a foul odor or whose leaves are falling off because there is a worry that the person may come to leave his sukkah because of the smell or the leaves falling on him. <ref> Shulchan Aruch 629:14 </ref>
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| # Although it is permitted for any person to place the schach <ref> Shulchan Aruch 635:1 </ref>, it is preferable to be stringent and have an adult Jewish male place it on the sukkah. <ref> Kaf Hachayim 635:8 </ref>
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| # If the schach of the sukkah was placed on a slant, the sukkah is still kosher. <ref> Shulchan Aruch 631:10 </ref>
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| # If a strong wind blew the schach higher than 3 tefachim above the sukkah and then fell back down, even though since it happened automatically it wasn't put down for the sake of shade, the sukkah is kosher since it was originally placed in a kosher manner. <ref> Sh"t Shevet Halevi 10:100 </ref>
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| # If snow falls and solidifies on top the schach, it doesn't render the sukkah not kosher, and one can still eat in it and some poskim permit saying a beracha of leshev basukkah in this situation. <ref> Sh"t Ginat Veradim 4:7, Moed Likol Chai 21:20, Bikkurei Yaakov 626:7. Aruch Hashulchan 629:2 however only permits saying a beracha if the schach is still more than the snow. see Yalkut Yosef Moadim page 125 and Chazon Ovadia [[Sukkot]] page 37. </ref>
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| # One may use spices which are only meant to be smelled or flowers which are only meant as decoration as Schach since it doesn't mekabel tumah.<ref>Rav Ovadyah Yosef in Chazon Ovadia (Sukkot, p. 23)</ref>
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| ==When should one build the Sukkah?== | | ==When should one build the Sukkah?== |
| # 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, Mishan 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, Mishan brurah 624:19, Yalkut Yosef Moadim page 118, Chazon Ovadia [[Sukkot]] page 99 </ref> |
