Chapter 135 : Chapter 135 Laws of Dwelling in the Sukkah

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§1

It is written "For seven days teishvu in sukkos," (Leviticus 23:42), which means "you must dwell" in sukkos. The Torah teaches that you should make the sukkah your home for seven days. Just as you live in your home all year, so now [on Sukkos] the sukkah should be your principal residence. There you should bring your fine china and elegant tablecloths. You should eat, drink, study,¹You must study Torah in the sukkah only if you are able to concentrate with total peace of mind. However, when because of cold weather you are unable to remain there for an extended period, to study with concentration, you are exempt, and may study in your home or in the Beis Midrash. (Mishnah Berurah 639:29) spend your leisure, and sleep in the sukkah. Even conversation with friends²However, because of the sacred nature of the sukkah, you must be very careful not to speak about forbidden subjects, gossip or slander. (Ibid 639:2) should be held in the sukkah, and if you pray alone³If however there is a synagogue in your area, you must leave the sukkah and attend the synagogue because during the rest of the year, you also leave your house to pray in the synagogue. (Ibid 639:30) you should also pray in the sukkah. It is written, "This is so that future generations will know that I caused the Israelites to live in sukkos when I brought them out of Egypt," (Leviticus 23:43). Therefore, you should keep in mind when you live in the sukkah, that the Holy One, blessed is He, commanded us to live in the sukkah as a memorial of the Exodus from Egypt. Regarding the sukkos of which the verse says "That I caused [the Israelites] to live in sukkos, there is disagreement among Taanaim. Rabbi Eliezer says that it refers to the Clouds of Glory with which the Holy One, blessed is He, surrounded our forefathers, to shield them from the heat and the sun. Rabbi Akiva, says that it means actual sukkos that they built for themselves when they camped [in the desert] as a protection from the sun. Although we departed from Egypt in the month of Nisan, He did not command us to build the sukkah during that season, because it is the beginning of the summer, when people usually build booths for the shade, and it would not be recognized as being built in order to fulfill the mitzvah of the Creator, blessed is His Name. He, therefore, commanded us to make it in the seventh month, which is the rainy season, when people usually move out of their booths to live in their homes; but we move out of our houses to live in the sukkah; which makes it clear to all that we are fulfilling the King's command.

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§2

You should maintain the sukkah with dignity so that mitzvos should not be treated with disrespect. Therefore, you should not bring into it vessels that are unbecoming to a sukkah, such as pots, pitchers used for drawing water, vessels in which you keep flour, kneading troughs, kettles, frying pans, mortars, or similar utensils. After the meal, the dishes should be cleared away from the sukkah, but drinking glasses may remain in the sukkah. People usually do not bring earthen candlesticks into the sukkah because they are repulsive. You should not do undignified work in the sukkah like washing pots and dishes. But you are allowed to rinse a wine cup. Of course, it is forbidden to urinate there, even in a vessel, even if one usually does so in his house. But marital relations are permitted in the sukkah, for the underlying principle of the mitzvah is for husband and wife to be together. If you bring offensive vessels into the sukkah it does not become invalid, but while they are there you should not say the berachah Leisheiv basukkah, until they have been removed.

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§3

Eating in the sukkah on the first night of Sukkos, is an obligation. It is required that you eat in the sukkah not less than a kazayis of bread;⁴Mishnah Berurah rules that if you have sufficient bread, you should eat at least a kebeitzah (see glossary) in order to fulfill the mitzvah even according to those authorities who maintain that a kebeitzah is the minimum amount that must be eaten. (Ibid 639:22) and even if you suffer discomfort you are obligated to eat it in the sukkah. If it rains, (see paragraph 9 below) and it seems that it will stop in an hour or two, you should wait and then say the Kiddush⁵Mishnah Berurah rules that if you are distraught through hunger, or lack of sleep because of waiting, and certainly if you have poor guests at your table who probably have not eaten all day and are famished, you should not wait. (Ibid 639:35) and eat in the sukkah, in the appropriate way. But if it appears that the rain is not stopping, or you waited and it did not stop, then you should say the Kiddush in the sukkah and say Shehecheyanu, and have in mind when saying Shehecheyanu that this berachah also applies to the sukkah, but you should not say Leisheiv basukkah. You then wash your hands and say Hamotzi and eat a kazayis of bread in the sukkah without interruption; and then go into your house to complete the meal. You should bear in mind when washing your hands and when saying Hamotzi that you also intend to eat in the house. (See chapter 42:19, 21 below) If it stops raining before you said Birkas Hamazon, you should go back to the sukkah, say the berachah Leisheiv basukkah, eat slightly more than a kebeitzah of bread,⁶If you eat less than this amount you must not say the berachah Leisheiv basukkah. (Shaar Hatzion 639:69) and say Birkas Hamazon. If it stops raining after you said Birkas Hamazon, you should also return to the sukkah, wash your hands again, eat more than a kebeitzah of bread, saying the berachah Leisheiv basukkah, and then say Birkas Hamazon. If after the rain has stopped, water is still dripping from the sechach in your own sukkah, and there is a sukkah in your neighborhood that was closed with a roof, and after the rain they opened it, you should go there and eat your meal in good spirits.

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§4

On the second night of Sukkos it is also mandatory to eat in the sukkah, even if you suffer discomfort. It is governed by the same halachos that apply to the first night, as we have written, except for one difference, that if it appears that the rain is not going to stop, or if you waited and it did not stop, you should recite the Kiddush in the house and eat your meal there, and before saying Birkas Hamazon, you should go to the sukkah and eat at least a kazayis of bread without saying Leisheiv basukkah. You then return to the house and say Birkas Hamazon.

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§5

In the evening, on returning from the synagogue you should enter the sukkah and immediately say the Kiddush, but you should not say Kiddush unless you are sure that it is night. When you say Leisheiv basukkah you should be mindful to exempt with this berachah, the meal you are eating now, your sleeping [in the sukkah], and other necessities you will do in the sukkah, until you say Kiddush again the next morning. When saying Shehecheyanu you should be mindful that this berachah applies to the Yom Tov as well as to the sukkah. Therefore, on the first night you should say first Leisheiv basukkah, and then Shehecheyanu, so that the Shehecheyanu applies to the sukkah as well; but on the second night you should first say Shehecheyanu and then Leisheiv basukkah.⁷There are other authorities who rule that Leisheiv basukkah is recited first on both nights. However, if several people eat together in the same sukkah, everyone should follow the same custom. (Mishnah Berurah 661:2)

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§6

When several heads of families eat in one sukkah and there are also women, and other members of the family who must listen attentively to the Kiddush in order to fulfill their obligation; and, if all the men recite the Kiddush at the same time since two voices cannot be heard simultaneously, [their voices would become unintelligible,] and the family members would not hear the Kiddush clearly. It is best, therefore, that they should say the Kiddush one at a time. If they do recite the Kiddush simultaneously, [for example] in a situation when there is no one who has to fulfill his obligation by listening to the Kiddush; then if one of them finished saying the berachah Borei peri hagafen, or one of the other berachos, before the others, then the one who finishes early should not respond Amein to the berachah of the other, because saying Amein constitutes an interruption between the Borei peri hagafen [he just now said] and the drinking of the wine. Some people are accustomed to wait for the others to finish the Kiddush and to respond Amein. This is not according to Halachah; but they should all say it together.

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§7

On the other nights and days of Sukkos, you are not obligated to eat in the sukkah; but if you want to eat a regular meal or to sleep, you must do so in the sukkah. What is meant by a "regular meal?" If you eat more than a kebeitzah⁸See glossary. of bread, even if you do not schedule it as a "meal," and even if it is pastry, [similar to a blintz or a strudel it must be eaten in the sukkah]. Similarly, any dish made of [one of] the five species of grain, if it is more than a kebeitzah and you scheduled it as a "meal," you must eat it in the sukkah and say the berachah Leisheiv basukkah. But even if you eat a large quantity of fruit and you scheduled it as a meal, you are allowed to eat the fruit outside the sukkah. Also wine or other beverages, or meat and cheese may be eaten and drunk outside the sukkah, provided you do not schedule it as a meal. But if you want to drink wine or other beverages as a scheduled "meal," or you want to eat meat or cheese as a scheduled "meal," you must have it in the sukkah, but without saying the berachah Leisheiv basukkah. It is best to eat some bread first, so that you can say the berachah. All this is as required by Halachah, but those who are more meticulous and do not even drink water outside the sukkah are considered praiseworthy.

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§8

Sleeping, or even taking a nap, according to Halachah, must be in the sukkah. And this is the practice of those who are scrupulous in observing the mitzvos; they, indeed, do not even take a nap outside the sukkah. But nowadays, many people are lenient with regard to sleeping [in the sukkah]. The later authorities, of blessed memory, wrote a number of reasons to justify this leniency to an extent. However, every God-fearing person, should be stringent and build a sukkah in which he and his wife can dwell in the same manner they live the entire year, if possible. At minimum, [the sukkah] should be suitable for him to sleep in, for if it does not meet these standards it is not valid, even post factum⁹Mishnah Berurah writes, “In places where the climate is cold [during this time of year], you still fulfill your obligation by eating in the sukkah even though you are unable to sleep there. Since it is impossible otherwise, it is therefore considered that you are living in the sukkah in the same manner as in your home. (Ibid 640:18, 20) [even after it was already built].

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§9

If it rains, you are exempt from [staying in] the sukkah.¹⁰However, if the rain does not drip through to the place where you are sitting, you must remain in the sukkah until it rains on you and on the table where you are sitting. It is also possible that you are even obligated to say the berachah Leisheiv basukkah under these circumstances. (Mishnah Berurah 639:33) How heavy a rain must it be for you to be exempt? If it rains so much, that in your judgment, if that much rain would drip into your cooked food,¹¹This is true even if the food is of the kind that spoils quickly because of a little water. (Mishnah Berurah 639:34) it would be spoiled, even if the food is not actually in the sukkah, or if you estimate,¹²If you are unable to make such a judgment, you should use the next example quoted in the text as a criterion. (Ramah 639:5) that if it would rain that much into the room where you are sitting, you would move into another room, then you may leave the sukkah and go into the house. If you started to eat in the sukkah, and then it began to rain, so that you went into the house and started to eat there; or because of the rain you began initially to eat in the house, and then it stopped raining, you may finish your meal in the house, and you are not obligated to leave while the meal is in progress, to go from your house into the sukkah. When it is so cold that the food in the sukkah jells,¹³This is certainly true if you are troubled because of the cold. (Shaar Hatzion 639:59) you are exempt from sitting in the sukkah, and you may eat in the house.¹⁴This halachah also holds true if the climate is so intensely hot or if there are many insects that cause you to be uncomfortable, or will cause the food to become inedible. (Mishnah Berurah 639:31)

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§10

As for sleeping in the sukkah, even a slight rain causes discomfort when you sleep, and you may leave [the sukkah when it rains]. If you left the sukkah to sleep in the house, and then it stopped raining; or if you initially went to sleep in the house because of the rain and then the rain stopped, you do not have to bother to go to the sukkah during the night,¹⁵You need not go into the sukkah to sleep even if you wake up during the night. (Ibid 639:32) but you may sleep in the house until morning.

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§11

Anyone who is exempt from staying in the sukkah and does not leave is called a simpleton, and will receive no reward for it. And he is not permitted to say the berachah [Leisheiv basukkah], because it would be a berachah said in vain. When you leave the sukkah because of rain, you should not complain [in anger] as you leave, but go out feeling humbled, like a servant who poured a cup [of wine] for his master, and the master poured a pitcher [of water] into his face.

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§12

It is the custom to say the berachah Leisheiv basukkah only when you eat a regular meal.¹⁶It is the custom of many not to say the berachah until they eat the meal even though they gather in the sukkah and sit there for an hour or so before eating. The rationale is that the berachah which will be said at mealtime exempts even the time spent in the sukkah before the meal. The later Poskim, however, write that in order to comply with those halachic authorities who maintain that it is not proper to sit for a length of time without saying the berachah, it is best to say the berachah Borei minei mezonos and eat a piece of cake larger than a kebeitzah as soon as you enter the sukkah and to say the berachah Leisheiv basukkah. This will make it unnecessary to say the berachah when you eat the regular meal. (Ibid 639:46) And it is the custom to say the Hamotzi first, and then Leisheiv basukkah, before you begin to eat. Everything that you eat in the sukkah the entire day, and whatever you do while staying there, even if you sleep there, is exempt with the berachah you said before eating the regular meal, [and it exempts everything] until you eat your next regular meal. If you did not leave the sukkah to go to business or to the synagogue between meals, since you once said the berachah, you need not repeat it at the next meal. Even if during the entire week of Sukkos, you would dwell in the sukkah eating, studying, praying and sleeping there, you would need to say the berachah only one time, because your thoughts were never diverted from the sukkah. Even if you left the sukkah temporarily, with the intention of returning immediately, it is not considered a diversion, and you need not say the berachah at the following meal. However, if you went out to do business, or to go to the synagogue, or for similar reasons; even if you went into your house to study, or to do something which is time consuming, it also constitutes a distraction, and you must say the berachah at the next meal.

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§13

If you leave the sukkah even in the middle of your meal, to go to a friend's sukkah, and you eat a quantity of food which must be eaten in the sukkah, you must say Leisheiv basukkah there too.¹⁷Many later Poskim maintain that this is not considered an interruption if you had intended to go to another sukkah when you initially said the berachah, and that it is not necessary to say another berachah in the second sukkah. Beis Meir writes that you need not say another berachah even if you had no intention to eat in another sukkah. In situations where there is a doubt regarding berachos, the rule is that we are lenient and do not say the berachah. It is the best practice, therefore, not to leave the sukkah in the middle of the meal. (Ibid 639:48)

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§14

If you forgot to say Leisheiv basukkah, and you become aware of it in the middle of the meal, or even after you finished the meal, you must still say the berachah, because by staying in the sukkah after the meal you are also fulfilling the mitzvah.

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§15

Women are exempt from the mitzvah of sukkah, nevertheless, they are permitted to say the berachah. Children also, are exempt, Nevertheless, if a boy is five years and over, his father must train him to eat in the sukkah. Even if the father is not at home, he should not be permitted to eat outside the sukkah.

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§16

A sick person and his attendants are exempt from the mitzvah of sukkah. However, if the patient is not critically ill, the attendants are exempt only when he needs them. If he is critically ill, they are exempt even when he does not need them so urgently.

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§17

[If staying in the sukkah] causes you discomfort, that is if you are troubled by the cold weather or the wind, or by a bad odor or similar annoyances, you are exempt from the mitzvah of sukkah on all nights other [than the first night], and on all the days of Sukkos. Similarly, if the light in the sukkah went out on Shabbos, and it is a great bother for you to go to a friend's sukkah, then you may go to your house, if the candles are burning there. This only applies if initially you made your sukkah properly, and it was only an accident that caused you to be uncomfortable while sitting or sleeping there. But if initially you made the sukkah in a place where there is an offensive odor, or similar [irritation], or in a place where you are afraid to sleep, then you cannot fulfill your obligation even when you eat there in the daytime. If the wind threatens to blow out the candles [on Shabbos], as it passes through the walls, you are permitted to spread a sheet or a garment on the wall.

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§18

People traveling in the daytime¹⁸According to Mishnah Berurah, you need not curtail your travel even if you know that you will not find a sukkah enroute. (Ibid 640:42) are exempt from eating in the sukkah during the day,¹⁹You need not delay eating until you are able to find a sukkah. Needless to say, however, if there is a sukkah nearby, that you can use without too much bother, you are not exempt, and you must eat in the sukkah. (Ibid 640:42) because they have no time to look for a sukkah, since they must move along.²⁰This rule applies only to those traveling for business. However those who travel for pleasure are forbidden to travel to places where they will have no sukkah. (Igros Moshe, Orach Chaim, volume III Responsa 93.) But if they are able to sit in a sukkah without too much trouble, they are obligated to do so. At night, when they are at the lodging where they intend to stay overnight, they must make an effort to [find] a sukkah in which to dwell. Even if they are in a place where there is no sukkah, if they can make one at a small cost,²¹This is not an actual obligation but those who do so will be blessed. If you intend to remain at any one place for three or four days, you must then make a sukkah. (Ibid 640:44) they must endeavor to have a sukkah for sleeping. If they are also traveling at night they are governed by the same Halachos that apply in the daytime. People who travel to villages on Chol Hamoed to collect debts, and cannot make a sukkah there, must assume the inconvenience of returning home every night in order to fulfill the mitzvah of sukkah.

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§19

People traveling for the sake of doing a mitzvah,²²Mishnah Berurah citing Responsa of Chasam Sofer writes that this is true only if the mission is one hundred percent for the purpose of fulfilling a mitzvah. If, however, there is any personal gain of pleasure involved, there is no exemption. (Ibid 640:7, Biur Halachah) and would find it bothersome to find a sukkah, or if it is not convenient for them to sleep in the sukkah, and if they would sleep there they would be tired the next morning, and would be hampered in the performance of the mitzvah, are exempt from the mitzvah of sukkah; otherwise, they are obligated to fulfill it.

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§20

If watchmen who guard gardens, orchards, grain and other produce, find it possible to watch everything from one location, they should make a sukkah there, in which to stay.

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§21

Men who make wine in non-Jewish areas are exempt of the mitzvah of sukkah, whether by day or by night, because they must watch continuously that a non-Jew should not touch the wine. But if the situation is such that no watching is needed, then they are required to stay in the sukkah.

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§22

People who stay in a store, even if they live out of town, and the store is in town, and during the year they eat most of their daily meals there, nevertheless, on Sukkos they are required to eat in the sukkah.