Shemini Aseret: Difference between revisions
From Halachipedia
| Line 23: | Line 23: | ||
# 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, 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> Alternatively, some poskim hold that one could cover the schach with a tarp.<ref>Piskei Teshuvot 666:1</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> | |||
===An American in Israel=== | ===An American in Israel=== | ||
# A Jew from outside Israel who is visiting Israel for [[Sukkot]] should not eat in the [[Sukkah]] if it’s difficult to sit alone in the [[Sukkah]]. <Ref> Nitai Gavriel (Hilchot Arbah Minim Sh”t 8), Sh”t Minchat Yitzchak 9:54, [[Rabbi Shlomo Zalman Auerbach]] in Sh”t Minchat Shlomo 1:19, [[Rabbi Ovadyah Yosef]] in Chazon Ovadyah Sukkot (pg 480-1) and Shu"t Yechave Daat 2:76, Ot Hei LeOlam (vol 2 pg 87c; quoted by Sdei Chemed [[Sukkah]] 1)</ref> However, if he is alone anyway, such as if he’s in a hotel, Sephardim holds that he should eat in the [[Sukkah]], while Ashkenazim hold that in Israel one doesn't sit in the [[Sukkah]] on Shemini Aseret. <Ref> Chacham Ovadia Yosef (Chazon Ovadyah [[Sukkot]] (pg 480-1) and Shu"t Yechave Daat 2:76) writes explicitly that if it’s not difficult to eat in the [[Sukkah]] such as one is staying by himself then he should sit in the [[Sukkah]]. However, Sh”t Minchat Shlomo 1:19 exempts such a person in all circumstances. So writes the Piskei Teshuvot 668:2 in name of Sh”t Minchat Yitzchak and Sh”t Minchat Shlomo. </ref> | # A Jew from outside Israel who is visiting Israel for [[Sukkot]] should not eat in the [[Sukkah]] if it’s difficult to sit alone in the [[Sukkah]]. <Ref> Nitai Gavriel (Hilchot Arbah Minim Sh”t 8), Sh”t Minchat Yitzchak 9:54, [[Rabbi Shlomo Zalman Auerbach]] in Sh”t Minchat Shlomo 1:19, [[Rabbi Ovadyah Yosef]] in Chazon Ovadyah Sukkot (pg 480-1) and Shu"t Yechave Daat 2:76, Ot Hei LeOlam (vol 2 pg 87c; quoted by Sdei Chemed [[Sukkah]] 1)</ref> However, if he is alone anyway, such as if he’s in a hotel, Sephardim holds that he should eat in the [[Sukkah]], while Ashkenazim hold that in Israel one doesn't sit in the [[Sukkah]] on Shemini Aseret. <Ref> Chacham Ovadia Yosef (Chazon Ovadyah [[Sukkot]] (pg 480-1) and Shu"t Yechave Daat 2:76) writes explicitly that if it’s not difficult to eat in the [[Sukkah]] such as one is staying by himself then he should sit in the [[Sukkah]]. However, Sh”t Minchat Shlomo 1:19 exempts such a person in all circumstances. So writes the Piskei Teshuvot 668:2 in name of Sh”t Minchat Yitzchak and Sh”t Minchat Shlomo. </ref> | ||
===In Israel=== | ===In Israel=== | ||
# In Israel one does not eat or sleep in the [[Sukkah]] on Shemini Aseret (as it is no longer [[Sukkot]]). <ref>Shulchan Aruch 666:1, nitei Gavriel ([[Sukkot]] 81:4) </ref> | # In Israel one does not eat or sleep in the [[Sukkah]] on Shemini Aseret (as it is no longer [[Sukkot]]).<ref>Shulchan Aruch 666:1, nitei Gavriel ([[Sukkot]] 81:4) </ref> | ||
# In Israel, if one must eat or sleep in a [[Sukkah]] on Shemini Aseret as there’s no room inside, then one should remove 4x4 [[Tefachim]] of [[S'chach]] to show that one doesn’t intend to add to the mitzvah ([[Baal Tosif]]). <Ref>S”A 666:1 writes that in Israel, if one must eat or sleep in a [[Sukkah]] on Shemini Aseret as there’s no room inside, then one should remove 4x4 [[Tefachim]] of [[S'chach]] to show that one doesn’t intend to add to the mitzvah ([[Baal Tosif]]). Mishna Brurah 666:5 explains that there’s no real [[Bal Tosif]] since one doesn’t violate [[Bal Tosif]] unless one intends to add to the mitzvah while it isn't the time of the mitzvah, however, there is an issue of appearing like adding to the mitzvah which is only applicable on Shemini Aseret. Nitei Gavriel 81:4 writes simply that same needs to be done if one needs to sleep in the [[Sukkah]] on Shemini Aseret. see also [http://www.yutorah.org/lectures/lecture.cfm/782472/Rabbi_Zvi_Sobolofsky/Simchas_Torah_-_How_to_'kosher'_a_Sukkah_for_Simchas_Torah Simchas Torah-How to 'kosher' a Sukkah for Simchas Torah] by Rabbi Zvi Sobolofsky</ref> | # In Israel, if one must eat or sleep in a [[Sukkah]] on Shemini Aseret as there’s no room inside, then one should remove 4x4 [[Tefachim]] of [[S'chach]] to show that one doesn’t intend to add to the mitzvah ([[Baal Tosif]]).<Ref>S”A 666:1 writes that in Israel, if one must eat or sleep in a [[Sukkah]] on Shemini Aseret as there’s no room inside, then one should remove 4x4 [[Tefachim]] of [[S'chach]] to show that one doesn’t intend to add to the mitzvah ([[Baal Tosif]]). Mishna Brurah 666:5 explains that there’s no real [[Bal Tosif]] since one doesn’t violate [[Bal Tosif]] unless one intends to add to the mitzvah while it isn't the time of the mitzvah, however, there is an issue of appearing like adding to the mitzvah which is only applicable on Shemini Aseret. Nitei Gavriel 81:4 writes simply that same needs to be done if one needs to sleep in the [[Sukkah]] on Shemini Aseret. see also [http://www.yutorah.org/lectures/lecture.cfm/782472/Rabbi_Zvi_Sobolofsky/Simchas_Torah_-_How_to_'kosher'_a_Sukkah_for_Simchas_Torah Simchas Torah-How to 'kosher' a Sukkah for Simchas Torah] by Rabbi Zvi Sobolofsky</ref> | ||
# An alternative to removing [[S'chach]] is to put a tarp on top or below 4x4 [[Tefachim]] of [[S'chach]] as long as the tarp is within 3 [[Tefachim]] of the [[S'chach]]. <ref> Piskei Teshuvot 666:1 quotes the Bikurei Yacov 666:5 who says that using 4x4 invalid [[S'chach]] isn't sufficient against the Bigdei Yesha who permits but then adds that even the Bikurei Yacov agrees that putting a tarp 4x4 [[Tefachim]] on top or below the shach within 3 [[Tefachim]] of the [[S'chach]] is sufficient. </ref> | # An alternative to removing [[S'chach]] is to put a tarp on top or below 4x4 [[Tefachim]] of [[S'chach]] as long as the tarp is within 3 [[Tefachim]] of the [[S'chach]].<ref> Piskei Teshuvot 666:1 quotes the Bikurei Yacov 666:5 who says that using 4x4 invalid [[S'chach]] isn't sufficient against the Bigdei Yesha who permits but then adds that even the Bikurei Yacov agrees that putting a tarp 4x4 [[Tefachim]] on top or below the shach within 3 [[Tefachim]] of the [[S'chach]] is sufficient. </ref> | ||
# It’s permissible to eat in the [[Sukkah]] after Shemini Aseret and it’s not an issue of [[Bal Tosif]]. <Ref> Rama 666:1 writes that it’s clear that one isn’t [[sitting in the Sukkah]] to fulfill the mitzvah after [[Sukkot]] and so there’s no issue of [[Bal Tosif]], however it would be an issue on Shemini Aseret because it’s so close to the holiday. </ref> | # It’s permissible to eat in the [[Sukkah]] after Shemini Aseret and it’s not an issue of [[Bal Tosif]].<Ref> Rama 666:1 writes that it’s clear that one isn’t [[sitting in the Sukkah]] to fulfill the mitzvah after [[Sukkot]] and so there’s no issue of [[Bal Tosif]], however it would be an issue on Shemini Aseret because it’s so close to the holiday. </ref> | ||
# It’s permissible to eat or sleep in the [[Sukkah]] before [[Sukkot]] (erev [[Sukkot]]) and it’s not an issue of [[Bal Tosif]]. <Ref> Chazon Ovadyah pg 481 holds that’s there no issue of [[Bal Tosif]] before the mitzvah was done. Interestingly, Piskei Teshuvot 666:1 raises this issue (writes that it’s strange that no one addresses this issue) and concludes leniently and adds that it’s preferable to eat a meal or snack ([[KeBaytzah]] of [[mezonot]]) outside the [[Sukkah]] after [[eating in the Sukkah]] to show that one clearly doesn’t want to add to the mitzvah. </ref> | # It’s permissible to eat or sleep in the [[Sukkah]] before [[Sukkot]] (erev [[Sukkot]]) and it’s not an issue of [[Bal Tosif]].<Ref> Chazon Ovadyah pg 481 holds that’s there no issue of [[Bal Tosif]] before the mitzvah was done. Interestingly, Piskei Teshuvot 666:1 raises this issue (writes that it’s strange that no one addresses this issue) and concludes leniently and adds that it’s preferable to eat a meal or snack ([[KeBaytzah]] of [[mezonot]]) outside the [[Sukkah]] after [[eating in the Sukkah]] to show that one clearly doesn’t want to add to the mitzvah. </ref> | ||
==Nighttime Meal== | ==Nighttime Meal== | ||
