Succos Halachic Digest 5786 — Mayan Yisroel
Succos Halachic Digest 5786
Compiled by Rabbi Yoseph Vigler & Rabbi Mendel Zirkind
Edited by Rabbi Sholom Zirkind
לעילוי נשמת הרב יצחק בן הרב אליעזר צבי זאב ז”ל צירקינד
The Days of Yom Tov & Chol Hamoed
We sit down to a proper full Seudah. This Seudah draws down gashmiyus for the year.
We get involved in a mitzvah immediately and begin building the Succah on Motzei Yom Kippur (and try complete it the next morning). At least, discuss the building of the Succah. Some learn a little Mishnayos Succah to be yotzeh. Some construct the walls before Yom Kippur, and the S’chach after.
The day after Yom Kippur is called “B'Shem Hashem” or “G-t’s Nommen”, we go to Shul early in the morning for Shacharis.
The days between Yom Kippur and Succos are days of joy. This is when the Mizbeach in the first Beis Hamikdash was inaugurated. Other than a Chosson and Kallah on their wedding day, one may not fast.
We do not say Tachnun for the rest of the month of Tishrei
Although one may eat in someone else’s Succah, each family should have their own Succah if possible
Because the Succah replaces living in your home, and people generally tend to have their own homes.
Building a Succah is a mitzvah and is best performed yourself (primarily placing the S’chach), rather than through an agent.(In fact the effort of building the Succah is a Tikun for חטא הידוע).
If one cannot build a Succah on his own he should at least put up some of the S'chach himself.
If you appoint an agent, it is best to verbalize so explicitly - you are an agent to build my Succah L’Shem Mitzvah.
One should ideally have his Succah built by a Jew, especially the S'chach.
If a goy put up the s’chach, a Jew should lift the schach 3 tefachim, or at least add new Schach in an area that was not yet covered (or remove and replace) a Tefach by tefach of Schach - or any piece of S’chach that crosses the length or width of the Succah.
The walls must be constructed BEFORE the S’chach is put on. If the order was reversed, the S’chach may have to be lifted and placed back down. A Rav should be consulted.
Some decorate the Succah with vessels, tapestries, and fruits - especially of the Shivas HaMinim species - walnuts, almonds, olives, and wine to beautify the mitzvah.
It is forbidden to carve pessukim on fruit or the like and hang them as decorations.
The decorations should not hang lower than 4 Tefachim from the S’chach.
If the decorations are within 4 tefachim of the S’chach, you may sit under them .
Regarding using or touching the decorations on Succos, see below
The s’chach resembles the clouds of the Sh’china in the Midbar. Therefore:
The S’chach must be directly under the sky; not under a roof or tree.
The Succah should be erected in a pleasant location with no foul odor e.g. not near the garbage (If there is a foul odor there is also a problem with saying a Brocho).
The materials used should have a pleasing scent, because a Succah is a holy place. However, if the materials used have an unpleasant scent, it’s permitted to sit in and make a brocho L’chatchilah.as long as the smell is not repulsive.
One may not erect a Succah
On someone else’s property without consent
In a way that will damage neighbors without consent e.g. blocking their window
In which one cannot eat, drink, walk leisurely, and sleep comfortably without any pain because it is not called a place of residence. However, if you are not afraid to sleep there at night, it is kosher.
On public property such as a city street or a public thoroughfare. Some permit building a Succah on public property where authorization from the city is received (since the main concern is building without consent), but it must not be built in a hazardous area or blocking pedestrian traffic.
If you did build your sukkah in one of these locations, do not bentch לישב בסוכה.
Schach must be detached from the ground. If it is under a tree, that part of the Succah is possul even if the tree is high up.
Any schach directly under the tree is possul. If the rest of the Succah has sufficient Kosher schach without the possul schach, so that there is more “shade than sun”, the succah is Kosher.
Note - if the possul schach under the tree is the size of 4 Tefachim across the width or length of the Succah, the Succah may be possul.
It is best to cut any hanging branches before Yom Tov to avoid a Shailah. If not, a Rav should inspect the Succah.
To cut a fruit bearing tree involves the prohibition of בל תשחית and סכנה, so one should have a non-Jew cut it (and best to specify that he is not acting as your agent).
One may not cut branches of a tree so that they fall on top of the Succah and serve as Schach because Schach must be תעשה ולא מן העשוי, a Succah actually made by a human ie S’chach must be placed by hand on the Succah. You would need to lift each of the branches a little and place them back down.
If the branches of the tree blow over the Succah only when the wind blows, it is best to cut them as well before Yom Tov. Bedieved, according to some Poskim, you may still sit under them
For the same reason it’s best not to erect a Succah under a laundry line with clothing on it.
Under a pre existing frame (pergola)
A Succah under a pre existing frame / pergola, with beams that are each 4 tefachim wide, is possul, like having a tree above. Even a few beams together with space in between, may still be possul
If the frame is used to support the S’chach on top of it, then (a) there must be more shade than sun from the kosher s’chach without the beams and (b) no beams should be 4 Tefachim wide or more, and (c) you build proper walls for the Succah.
If the above conditions are not met, and one wants to use (part of) the frame of the pergola itself for S’chach, a Rav should be consulted.
If one has a prebuilt Succah cover, such as a Shlock, you first put up the schach and then put on the cover, because of תעשה ולא מן העשוי.
If the Succah was mistakenly built while the cover was closed, the cover should now be opened and the schach has to be lifted a little and placed back down, so that it is regarded as if you built it now. Make sure each piece of Schach is entirely lifted.
On Succos while the cover is closed the Succah is not kosher and one doesn’t fulfill their obligation and the brocho לישב בסוכה cannot be said.
However if it's raining to the extent that one would have to go inside, it is preferable to sit in a Succah which has a closed covering rather than eating in one’s house.
When yom tov begins it is proper to have the cover open so as to receive the holiness of the Succah with the opening of Yom Tov. Likewise it’s proper to have it open as much as possible through the Chag and not just when eating in it.
A (manual) cover/shlack with hinges may be opened and closed on Shabbos and yom tov.
What follows is a general outline:
The S’chach should cover the Succah so that there is more shade than sunlight, but not too dense, so you can see the stars. Some cover with S’chach densely and then make a hole through the S’chach to be able to see the stars.
If the S’chach is so dense that rain cannot go through, the Succah is Possul. Mats that are made with a mechanism that prevents rain penetrating, are Possul according to many opinions.
