Chapter 134 : Chapter 134 The Laws of the Sukkah

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§1

It is a mitzvah to build the sukkah immediately, on the day after Yom Kippur,¹Even though it was mentioned in the previous chapter (Paragraph 30) that it is a mitzvah to begin building the sukkah immediately after Yom Kippur at night, it is sufficient to make a symbolic beginning at night, whereas on the next day you should erect the entire sukkah if possible. (Mishnah Berurah 652:2) even if it is erev Shabbos,²You may work on the sukkah only until midday on erev Shabbos but afterwards it is forbidden. (Ibid., see also Kitzur Shulchan Aruch 72:9) because when a mitzvoh presents itself you should not put it off. You should select a clean location to build it.³You must not build a sukkah in an area which is affected by bad odors (garbage etc.) because this will cause you to leave the sukkah. (See Mishnah Berurah 630:4, Biur Halachah 637:3) It is a mitzvah for everyone to be personally involved in building the sukkah and laying the sechach (covering). Even though he is a distinguished person, it is considered an honor to be personally involved in the mitzvah. It would have been appropriate to say the berachah Shehecheyanu when building the sukkah, but we rely on the Shehecheyanu that is said in the Kiddush. You should endeaver to decorate the sukkah and to adorn it with beautiful things and elegant spreads, according to your means.

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§2

Concerning the walls of the sukkah, there are many different halachos, and not everyone is familiar with them. Therefore, you must make the walls full-length (complete) and strong, so that the wind cannot shake them⁴This refers to a normal, usual wind. If the walls move to and fro because of the wind, they are not considered valid walls. (Mishnah Berurah 630:48) or blow out the candles. If you do not have enough [lumber] for [four] walls, it is better to make three complete walls than four incomplete ones. If you can afford it, it is a mitzvah to build a sukkah with a roof, that can open and close on hinges, so that you can close it when it rains; and when the rain is over, you can open it again. This way, the sechach is kept dry, and you can fulfill the mitzvah of sukkah properly.

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§3

With regard to sechach, there are also many halachos. It is our custom to cover the sukkah with branches of trees or with reeds. Since they grow in the earth, and are detached from the soil, and do not absorb ritual impurity, and are not tied together, you have no reason at all to hesitate [using them].

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§4

Initially, you should be stringent, and avoid placing anything that absorbs ritual impurity to serve as a supporting beam for the sechach, such as ladders which have [in their side pieces] holes in which the rungs are inserted, and certainly other utensils, such as a spade or a rake. Even placing them on top of the sechach to reinforce it, should be avoided. However, if they are in place already, or you have nothing else [to serve the purpose], all these are permitted for we have an established rule that it is permitted to support the sechach with something that absorbs ritual impurity.

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§5

You must put enough sechach on the sukkah to provide more shade than sun,⁵If there are equal amounts of shade and sun at the bottom part of the sukkah it is valid. (Ibid 631:1) for if there is more sun than shade, the sukkah is invalid, according to Torah law. Care must be taken, therefore, to put on enough sechach; that, even if it dries out, there will still be more shade than sun. You must also be careful not to leave an open space of three tefachim in any one place.⁶See glossary. Even though less than three tefachim does not disqualify the sukkah, nevertheless, you should not eat or sleep under that opening. (Ibid 632:12) Initially, it is necessary to leave a slight space between the branches of the sukkah, so that the stars can be seen. Nevertheless, if the sechach is so thick that the stars cannot be seen, the sukkah is still valid. But if the sechach is so thick, that even a heavy rain cannot come through, then it is almost like a house, and the sukkah is invalid.⁷Mishnah Berurah writes that if for any reason it is impossible to remove some of the sechach, you can rely on those authorities who rule that the sukkah is valid even with such thick sechach. (Ibid 631:6)

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§6

When sukkos are solidly constructed, sometimes boards jut out along the top of the walls, and on these boards, the beams are placed on which the sechach rests. If this board is less than four amos⁸See glossary. wide, the sukkah does not become invalid, because of invalid sechah, for there is a halachic tradition from Mount Sinai, that when a board projects less than four amos, we say that it is a curved wall, which means that the protruding board is considered part of the wall, and we regard the wall as if it is bent at the top.⁹In practice it is advisable to consult a competent halachic authority in such situations, for there are various ramifications regarding this rule. But you may not sit or sleep underneath that board, for Halachah does not recognize that area as part of the sukkah, even if the board is only four tefachim wide; but the rest of the sukkah is valid. But if protruding from the sukkah wall, there are boards that are four amos or more wide, then they are called invalid sechach which invalidates the entire sukkah. Nevertheless, if the boards protrude into the sukkah only on one side, as is the style in some of the built [permanent] sukkos, where a small shelf is installed on one side (to put the dishes there when it starts to rain), then it does not matter; since it is only on one side, there are still three valid walls on which there is valid sechach; and a sukkah made of three walls is also valid, provided it has the minimum size required for a sukkah, which is no less than seven tefachim¹⁰Both the length and width of the sukkah must be at least seven tefachim. Therefore, if one is seven tefachim and the other is less or much longer, it is invalid even though the total area is equal to an area of seven by seven tefachim. (Ibid 634:1) by seven tefachim square. But you must not sit underneath the shelf.

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§7

If you build a sukkah underneath the branches of a tree¹¹This rule applies only when the branches of the tree actually overhang the sukkah itself, but if the branches are adjacent to the sukkah, even though they provide the shade for the sukkah, the sukkah is valid. (Ibid 626:1, see Biur Halachah) it is invalid. Even if the branches alone would have allowed more sun than shade, and consequently, by placing the sechach on the sukkah, you, in fact, made it into a sukkah [by providing the required shade], it is, nevertheless, invalid. Even if you cut off the branches of the tree afterwards, the sukkah still remains invalid, for it is written, "Make [ta'aseh] the festival of Sukkos for yourself" (Deuteronomy 16:13), and it is expounded, "A sukkah must be made, and not come into being by itself." (see chapter 9:6 above) Therefore, after cutting the branches of the tree, you must pick up each branch of the sechach and a new act of placing it down must be performed, for the purpose of fulfilling the mitzvah of sukkah.¹²Mishnah Berurah writes that the sechach must be placed down for the sake of providing shade but not necessarily for the mitzvah of sukkah. (Ibid 626:14) It is also forbidden to lay down the sechach before making the walls for it is required that with the laying of the sechach the sukkah should become valid for use.

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§8

Similarly when you build a sukkah with a roof that can be opened [and closed], you must open the roof before you put down the sechach, and if afterwards you close the roof and open it again, it does not matter, for it is the same as if you spread a sheet over it and then remove it. Nevertheless, you should be stringent, and have the roof open at the onset of the Yom Tov. You must also take care with these sukkos that the roof is wide open, straight in line with the wall of the sukkah. For if it is not perfectly straight, but inclines slightly over the sechach, even if the area covered is not large enough to make the sukkah invalid, nevertheless, you should be careful not to sit under the area over which the roof protrudes, for you would then be sitting underneath the roof. (see paragraph 6 above) Although a sukkah is exempt from a mezuzah during the Yom Tov, nevertheless, the permanently built sukkos, that are used all year and are required to have a mezuzah, are not exempt during Sukkos, and it is not necessary after Sukkos to affix the mezuzah again.

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§9

You may fulfill your obligation with a borrowed sukkah, but not with a sukkah that was stolen. It is forbidden, therefore, to build a sukkah in a public domain. In extreme situations when there is no other sukkah available under any circumstance you may sit in it and say the berachah in it.

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§10

You should be careful not to cut the sechach for your sukkah yourself, but you should buy it from someone else. In exterme situations, you may cut it yourself, but you should get permission from the owner of the land.

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§11

You are permitted to build a sukkah during Chol Hamo'ed.

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§12

The wood of the sukkah, either of the walls or of the sechach, is forbidden to be used [for any purpose] until after Simchas Torah, because they were set aside for the performance of a mitzvah. Even to take a splinter from it to use as a toothpick is forbidden. Even if [a piece of wood] fell down you are forbidden to use it; and it is of no avail [if you had made] a stipulation [before Yom Tov] [to use such wood.] If Simchas Torah occurs on Friday, the wood is forbidden also on Shabbos. The sukkah decorations are also forbidden to be used, even if they fell down. Since it is forbidden to derive any benefit from them, consequently, on Shabbos and Yom Tov it is forbidden to handle them because they are muktzeh. Nevertheless, if an esrog is hanging in the sukkah as a decoration, you are permitted to inhale its fragrance, for it was not set aside in regard to its fragrance. With regard to decorations hanging from the sechach, it is generally accepted that even if you made a stipulation [to use them on Yom Tov], it is of no avail. However, regarding decorations hanging on the walls, this stipulation is effective. Tapestries that are hung in the sukkah as decorations, it is the accepted practice to remove them so that they should not get ruined by an impending rain, even if you had made no express stipulation; for we assume that initially you had that in mind when you hung them.¹³Shaarei Tzion (638:26) writes: “Therefore, it is permitted to remove them whenever you want, even when it is not raining, and even when there is no threat of rain.” Nevertheless, it is best to express prior stipulation, that is, before twilight on the eve of Sukkos,¹⁴According to Mishnah Berurah this stipulation must be made before sunset. (638:21) you should stand [in the sukkah] and say, "I hereby stipulate that I am permitted to eat, and to use the decorations of this sukkah whenever I wish." You must be careful about those sukkah decorations that you intend to remove during Yom Tov, not to tie them with a knot, but only with a loop, (see chapter 80:45, 46 above).

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§13

Even after Sukkos, when you dismantle the sukkah, you should not step on the boards, and you should not use them in a degrading manner,¹⁵These restrictions apply to the sechach as well. We must rebuke those who throw the boards or sechach to places where they will be stepped upon or otherwise misused. (Ibid 638:24) because they are articles that were used for a mitzvah, the same as tzitzis. (see chapter 9:19)

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§14

It is forbidden to carve out the verse "You must live in sukkos" etc. or any other verse on a pumpkin or similar fruit as a sukkah decoration, because it will subsequently be degraded, and besides, it is forbidden to write a verse needlessly.

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§15

On erev Sukkos, after midday you should not eat bread, so that you will eat your meal in the sukkah with good appetite. You should give generous amounts of charity on erev sukkos.