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Shemini Aseret: Difference between revisions
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# Regarding [[sleeping in the Sukkah]] on the eighth day of [[Sukkot]] (Shemini Aseret), there’s a dispute in the achronim. The Ashkenazim minhag is not to sleep in the [[Sukkah]], while Sephardim hold that one must sleep in the [[Sukkah]]. <Ref> Darkei Moshe 668:2 writes that there’s room to be lenient regarding sleeping outside the [[Sukkah]]. Kitzur Shulchan Aruch 138:5 writes that while the minhag is to be lenient about sleeping in the [[sukkah]], it's proper to be strict. Mishna Brurah 668:6 brings the opinion of the Gra who holds that one must sleep in the [[Sukkah]] on the eighth day but concludes that the minhag is to be lenient not to sleep in the [[Sukkah]]. However, the Bet Yosef 668 writes that sleeping is no different than [[eating in the Sukkah]]. Therefore, Chazon Ovadyah [[Sukkot]] (pg 479) and Ben Ish Chai Vizot Haberacha: Halacha 13 rule that Sephardim must sleep in the [[Sukkah]] like any other night of [[Sukkot]]. </ref> | # Regarding [[sleeping in the Sukkah]] on the eighth day of [[Sukkot]] (Shemini Aseret), there’s a dispute in the achronim. The Ashkenazim minhag is not to sleep in the [[Sukkah]], while Sephardim hold that one must sleep in the [[Sukkah]]. <Ref> Darkei Moshe 668:2 writes that there’s room to be lenient regarding sleeping outside the [[Sukkah]]. Kitzur Shulchan Aruch 138:5 writes that while the minhag is to be lenient about sleeping in the [[sukkah]], it's proper to be strict. Mishna Brurah 668:6 brings the opinion of the Gra who holds that one must sleep in the [[Sukkah]] on the eighth day but concludes that the minhag is to be lenient not to sleep in the [[Sukkah]]. However, the Bet Yosef 668 writes that sleeping is no different than [[eating in the Sukkah]]. Therefore, Chazon Ovadyah [[Sukkot]] (pg 479) and Ben Ish Chai Vizot Haberacha: Halacha 13 rule that Sephardim must sleep in the [[Sukkah]] like any other night of [[Sukkot]]. </ref> | ||
===Outside Israel on Simchat Torah=== | ===Outside Israel on Simchat Torah=== | ||
# On Simchat Torah in the diaspora one should not eat or sleep in the Sukkah, otherwise it appears like one is adding onto the mitzvah of Sukkot, which is a violation of [[Baal Tosif]]. If one wants to eat in the Sukkah one could first put one's cooking pots in the Sukkah to indicate that one isn't using the Sukkah for the mitzvah.<Ref>Shulchan Aruch O.C. 666:1</ref> Alternatively, some poskim hold that one could cover the schach with a tarp.<ref>Piskei Teshuvot 666:1</ref> | # On Simchat Torah in the diaspora one should not eat or sleep in the Sukkah, otherwise it appears like one is adding onto the mitzvah of Sukkot, which is a violation of [[Baal Tosif]]. If one wants to eat in the Sukkah one could first put one's cooking pots in the Sukkah to indicate that one isn't using the Sukkah for the mitzvah.<Ref>Shulchan Aruch O.C. 666:1</ref> Some say this solution of a dirty cooking pot doesn't work today because our pots aren't so disgusting and it isn't recognizable that he's not trying to sit in the Sukkah.<ref>[https://www.yutorah.org/sidebar/lecturedata/972499/Piskei-Corona-#56:-Simchas-Torah Rav Hershel Schachter (Teshuva #56)]</ref> | ||
# If a woman wants to sit in the Sukkah on | # Alternatively, some poskim hold that one could cover the schach with a tarp, which was attached from before Yom Tov (such as a shlok).<ref>Piskei Teshuvot 666:1, [https://www.yutorah.org/sidebar/lecturedata/972499/Piskei-Corona-#56:-Simchas-Torah Rav Hershel Schachter (Teshuva #56)]</ref> | ||
# If a woman wants to sit in the Sukkah on Simchat Torah they may not do so unless there is some indication that she isn't doing so for the mitzvah<ref>Or Yitzchak 2:242 unlike Sh"t Torah Lishma</ref> | |||
# Some say that it is permitted to sit in the Sukkah in the afternoon of Simchat Torah once one already ate outside the Sukkah at night and for lunch.<ref>Ben Ish Chai (Vezot Habracha n. 16), Otzar Halachot 666:6</ref> | # Some say that it is permitted to sit in the Sukkah in the afternoon of Simchat Torah once one already ate outside the Sukkah at night and for lunch.<ref>Ben Ish Chai (Vezot Habracha n. 16), Otzar Halachot 666:6</ref> | ||
# Having intent not to fulfill the mitzvah of sitting in the Sukkah does not permit sitting in the Sukkah on Simchat Torah.<ref>Mishna Brurah 666:5 explains that a person doesn't violate baal tosif from the Torah if he intends not to sit in the Sukkah on the 9th day, but still midrabbanan it is forbidden to sit there because it appears like he is adding onto Sukkot. Igrot Moshe YD 2:141:1 is also clear about this point. If he intends to fulfill the mitzvah of Sukkah he violates baal tosif even though he made a heker (something recognizable that he isn't doing it for the mitzvah). However, to not violate the halacha he needs both not to intend to fulfill the mitzvah and also add a heker.</ref> | # Having intent not to fulfill the mitzvah of sitting in the Sukkah does not permit sitting in the Sukkah on Simchat Torah.<ref>Mishna Brurah 666:5 explains that a person doesn't violate baal tosif from the Torah if he intends not to sit in the Sukkah on the 9th day, but still midrabbanan it is forbidden to sit there because it appears like he is adding onto Sukkot. Igrot Moshe YD 2:141:1 is also clear about this point. If he intends to fulfill the mitzvah of Sukkah he violates baal tosif even though he made a heker (something recognizable that he isn't doing it for the mitzvah). However, to not violate the halacha he needs both not to intend to fulfill the mitzvah and also add a heker.</ref> | ||
