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Halacha According to the Sephardic Practice: Building a Sukkah

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07 Oct 2024
Sukkot

From the book series Laws of the Holidays by Rabbi Yonatan Nacson; used with permission.

Mitzvat Sukkah

  1. The verse states, “You shall dwell in booths for a seven-day period; every native in Israel shall dwell in booths, so that your generations will know that I caused the children of Israel to dwell in booths when I took them out of the land of Egypt; I am Hashem, your G-d.”[1] The commentators explain that the booths mentioned in the pasuk are referring to the Clouds of Glory that Hashem surrounded Bnei Yisrael with when they were taken out of Mitzrayim. We therefore build actual booths, or sukkot, on the holiday of Sukkot to commemorate this miracle.[2]

When one should build his Sukkah

  1. A person should begin to build his sukkah on motzaei Yom Kippur since one should begin another mitzvah when finishing a mitzvah. Furthermore, one should not delay performing a mitzvah when there is an opportunity to perform it then.[3]
  1. When building a sukkah, one should not build late at night and risk waking up one’s neighbors. By disturbing other people’s sleep, one would be performing a mitzvah habaah baaverah, performing a mitzvah through an averah.[4]
  1. When Shabbat is between Yom Kippur and Sukkot, one should preferably build his sukkah before Shabbat.[5]
  1. One who did not build a sukkah before Sukkot (even if he refrained from doing so purposely) may build one on Chol HaMoed.[6]

A Sukkah That Was Built Thirty Days before Sukkot

  1. If one’s sukkah was built thirty days before Sukkot, one should add something to the sukkah or lift some of the schach before Sukkot begins. However, if the sukkah was made specifically for the chag of Sukkot and not merely for shade, then one does not have to apply any changes to the sukkah before using it.[7]
  1. Even a sukkah that was built the previous year for Sukkot is kosher, since it was originally built for the mitzvah of sukkah.[8]

Who should build a Sukkah

  1. It is proper for one to build at least part of his own sukkah, such as putting on the schach. However, if one is not able to build his sukkah at all, he may ask another person to build it for him.[9]
  2. When building a sukkah, it is praiseworthy to say that one is doing so “Leshem mitzvat Sukkah,” for the purpose of the mitzvah of Sukkah, but it is not obligatory to do so.[10]
  3. It is proper for every family to have its own sukkah in which they may eat and sleep.[11]
  1. If possible, every synagogue should have a communal sukkah in which people may come and eat if they do not have a sukkah of their own.[12]
  1. An onen may build a sukkah on erev Sukkot if he does not have one ready.[13]
  1. A sukkah that was built by a non-Jew on one’s behalf is kosher, but one should preferably lift some of the schach of the sukkah with the intention of using it for the mitzvah.[14] If one is paying the non-Jew to build the sukkah on his behalf, or if one is standing next to the non-Jew and says that this sukkah is being built for the mitzvah of Sukkot, then he does not have to add anything to the sukkah afterward.[15]
  1. A woman or a minor below the age of twelve or thirteen may build a sukkah, and may even put on the schach. One does not need to add anything to the sukkah afterward since such a sukkah is kosher even lechatchilah.[16]

Reciting a Shehecheyanu on Building a Sukkah

  1. One should not recite a Shehecheyanu on building a sukkah. Rather, the Shehecheyanu recited on the first night of Sukkot also includes building the sukkah.[17]
  2. If one builds a new sukkah during Chol HaMoed, he should recite a new Shehecheyanu when eating inside of it even though he already ate in a different sukkah on the first day of Sukkot.[18]

Building a Sukkah under a tree or roof

Sukkah under a tree

  1. A sukkah should not be built under a tree whose shade covers most of the sukkah.[19] Similarly, a sukkah built under a balcony or an overhang that covers the sukkah entirely is not kosher.[20]
  1. If one built a sukkah under a tree, he must cut off its branches for his sukkah to be kosher. If one wants to use those branches as his schach, he must cut each branch, lift it up, and lower it down on his sukkah with the intention that it be used as schach. Merely cutting the braches off the tree and letting them fall onto the top of the sukkah does not permit them to be used as schach.[21]

Sukkah under a roof

  1. One may make a sukkah under a roof that opens and closes. Such a roof may even be closed and opened during the chag. It does not disqualify the schach for use, and one does not have to lift the schach again when the roof is retracted.[22]
  1. If one recited the berachah when sitting in the sukkah and forgot to open the roof above the top of the schach, then one must recite another berachah, and on the first night of Sukkot, one is obligated to eat another kezayit in the sukkah after the roof is removed.[23]
  1. One who has a retractable roof on top of his sukkah may close the roof if it begins to rain during the seudah. If the rain stops and one wants to continue eating in his sukkah, he may retract the roof, and does not have to recite a new berachah on sitting in the sukkah, since the initial berachah covers the entire duration of one’s meal, even if there is an interruption in the middle.[24]
  2. If one’s roof is resting on small wood slats, he may use the slats as schach, provided that the roof is removed, there is enough space between the slats for water to enter, and he lifts the slats with the intention of using them for schach.[25]

Putting a tarp over the sukkah

  1. One may spread a tarp on Yom Tov or Shabbat over of his sukkah if it begins to rain and he wants to protect his sukkah from becoming wet. This is permitted even if the tarp was not attached to the sukkah beforehand. However, the tarp must be placed within three tefachim of the schach.[26]
  2. If one spread a tarp on top of his sukkah to protect himself from the sun or rain, the sukkah is not considered kosher. However, if one spread a tarp under the schach in order to decorate the sukkah, and the tarp is within four tefachim of the schach, the sukkah is considered kosher.[27]

Lying under a bed, tent, or umbrella in the Sukkah

  1. If one is sleeping under a bed in the sukkah and the bed he is sleeping under is lower than ten tefachim (80 cm) from the ground, one is still considered as if he is sleeping inside the sukkah.[28]
  1. One may not sleep in a tent that is ten tefachim high and has a roof that is a tefach wide inside his sukkah. If the tent is missing one of these conditions, one may sleep under it in his sukkah.[29]
  1. On Chol HaMoed, according to some poskim, one may sit under an umbrella if it is raining in his sukkah. In such a case, one should not recite a berachah when sitting in the sukkah.[30]

Sitting under decorations and other objects

  1. When putting up decorations or other objects that hang from the sukkah, one should not hang them more than four tefachim (32 cm) below the schach.[31]
  1. If decorations, such as paper chains or electric lights, were hung below four tefachim, one may nevertheless eat and sleep under them, unless they cover an area of four tefachim in width, in which case one may not eat or sleep under that area.[32]

Where one should build his Sukkah

Building a Sukkah in a place that has a bad smell

  1. One should distance his sukkah from an area that has a bad smell, such as a sewer drain. If one already built his sukkah with a sewer in or next to it and it emanates a bad smell, one should cover it.[33]

Making a Sukkah in a Tree

  1. One may build a sukkah in a tree. However, such a sukkah may not be used on Yom Tov and Shabbat.[34]

Making a Sukkah on a moving object

  1. One may build a sukkah on the back of a vehicle (such as a car or truck, or even a boat), and even recite a berachah when sitting and eating in it.[35]
  1. One may use such a sukkah that is built on a vehicle when it is moving.[36]
  2. On Shabbat, one may enter a sukkah that was built on a vehicle. However, one should not do so in a place where people do not know that it is prohibited to use a car on Shabbat. Furthermore, one may not do any action that will cause a melachah, such as opening the door and causing the light to go on.[37]

A Borrowed or Stolen Sukkah

  1. One may fulfill his obligation to sit in a sukkah even if it is not his sukkah, such as if it is borrowed or jointly owned.[38]
  1. One should not use a sukkah without the owner’s permission. If one used a sukkah without attaining prior permission, he has nevertheless fulfilled his obligation, but certainly should not do so lechatchilah.[39]
  1. If one has permission to use a sukkah from the owner’s wife, then one may use it and even recite a berachah when eating in it.[40]
  1. Even though one may not build a sukkah on land that he does not have permission to use,[41] one may build his sukkah on a public street in front of his home even though he does not own it.[42]
  1. One may not use a stolen sukkah, such as a sukkah that was built using stolen wood or schach. If one used such a sukkah, a berachah may not be recited when eating in it.[43]
  2. One may not cut branches from public forests or public trees for one’s schach unless he gets explicit permission from the municipality (or those in charge of the trees) to cut the branches for personal use.[44]

The types of walls that may be used for a Sukkah

  1. Unlike schach, a sukkah’s walls may be made from any material.[45]
  1. Sunlight entering the sukkah through breaks in the walls or if the walls are transparent does not invalidate the sukkah even if this causes the sukkah to have more sun than shade.[46]
  1. One may use something attached to the ground as the walls of his sukkah, such as the walls of one’s home, and open the roof to allow for a kosher sukkah. This is because the sukkah is really kosher through the final placement of schach; as long as the schach is from an unattached source, the sukkah is kosher.[47]
  1. Preferably, one should put the walls of the sukkah in the same order he put them the year before. However, one is not required to do so.[48]
  1. A sukkah’s walls must be strong enough to remain standing through regular winds without swaying. Therefore, one who wants to make a sukkah with canvas, tarp, or plastic must tie and enforce the walls to hold them down so that they do not sway, even slightly, in the wind.[49]
  1. The walls of the sukkah should not be made from a material that will dry out and be unusable during Sukkot.[50]
  1. The walls of the sukkah should not be made from a material that has a bad smell.[51]
  1. One may use the side of a synagogue as one of his sukkah walls.[52]
  1. The sukkah’s walls may be built from poles that are less than three tefachim away from each other. Therefore, one may use the bars of the railing of a balcony for the walls of one’s sukkah, and one only needs to attach schach to the top of the bars for it to be kosher.[53]

Making a wall as a Tzurat hapetach

  1. A sukkah must have at least two walls, and a third wall that is at least seven tefachim Even if the third wall is only slightly more than a tefach wide (10 cm), it is possible to extend it by adding a tzurat hapetach. This is accomplished as follows: A wall that is more than a tefach wide is placed within three tefachim (24 cm) of one of the other two walls. Applying the principal of lavud,[54] the wall is then considered to be four tefachim. It may extend to seven tefachim by forming an entrance, tzurat hapetach, that extends past the wall. The entrance is considered a Halachic continuation of the wall, and completes its measurement to the required minimum of seven tefachim. This entrance is formed by placing a vertical bar at the place where the seven tefachim need to end, and a horizontal bar above the tefach wall that reaches the vertical bar. This is a kosher wall even if the top bar does not touch the bottom bar or the tefach wall. Even the schach itself may be used instead of a top bar if it is in the appropriate place to form a tzurat hapetach.[55]
  1. The two walls discussed above do not have to be complete walls. In fact, they can have many holes and gaps in them, even to the point where there are more holes than there is wall. However, in such a case, the gaps cannot be larger than ten amot (4.8 meters) wide.[56]
  1. When a sukkah has two walls, one opposite the other, with an open passage between them, a wall that is slightly more than four tefachim should be placed within three tefachim of one of the two full walls. Additionally, a tzurat hapetach should be made.[57] However, if the third wall is a full seven tefachim (without the use of lavud), it is unnecessary to make a tzurat hapetach.[58]
  1. If one builds a sukkah in the middle of a courtyard, far from the walls of the courtyard, he may use two full walls that are opposite one another, and a third wall that measures one tefach (using lavud and a tzurat hapetach). In this case, the middle wall does not need to be four tefachim wide (as is the case in the previous halachah) because the fourth side of the sukkah is considered slightly closed off by the courtyard wall.
  1. Preferably, one should build a sukkah with a full four walls. A sukkah with a complete four walls is considered a hiddur since it bears more of a resemblance to an actual home.[59]

Mezuzah

  1. A sukkah does not need a mezuzah since it is only used for a short period of time.[60]

The types of schach that may be used for a Sukkah

  1. There are three requirements for kosher schach:[61]
    1. It must have grown from the ground.[62]
    2. It must be unattached and cut from the ground.[63]
    3. It may not be mekabel tumah.[64]
  1. Wooden closets or chests that are broken into slats may not be used for schach since they originally were able become tamei.[65] However, these slats may be used to place kosher schach on top of them.[66]
  1. One may not use bed boards or legs of beds or chairs as schach.[67]
  1. Wooden closets that can contain more than forty se’ah (332 liters) which have been broken apart may be used as schach, since an object larger than forty se’ah cannot become tamei.[68]
  1. Pieces of wood from a wooden table may be used as schach.[69]
  1. One may place schach directly on top of a metal bar. However, it is preferable to put a piece of wood on top of the metal bar and then place the schach on top of the piece of wood.[70] One may also place the schach on top of a stone wall even without placing wood between the stone wall and the schach.[71]
  1. Fruits, vegetables, and other foods may not be used as schach.[72] However, foods that are eaten by animals and not used for regular human consumption may be used for schach.[73]
  1. Date branches that still have dates attached to them should not be used if the area that the dates cover is more than the area that the branches cover.[74]
  1. One may not use any sort of paper or cardboard for schach.[75] However, one may wrap the poles of wood in colorful paper to decorate the sukkah.[76]
  1. Plastic or nylon slats may not be used as schach since they do not grow from the ground.[77] Similarly, one may not use glass as schach.[78]
  1. If snow fell on the sukkah, it does not disqualify the sukkah even if it covers the schach[79]
  1. Hay may be used as schach.[80]
  1. One may use schach that is a mat of wood slats, even if the slats are tied together with a cotton string.[81]
  1. Bamboo mats may be used as schach even if they are tied together with a cotton string. However, if the mat was made to sit on, and not specifically for schach, it should not be used as schach. [82] One may even tie the mat down to the sukkah so that it does not fly away in the wind.[83] Similarly, one may put a heavy block of wood at the ends of the schach to hold the schach in place.[84]
  1. Schach that has a bad smell should not be used.[85]
  1. Schach that is likely to dry out and fall may not be used, even to begin with.[86]
  1. Slats of wood that are wider than four tefachim (32 cm) may not be used as schach even if they are turned to their sides.[87] The general custom today is only to use slats that are each less than a tefach (8 cm) wide.[88]
  1. Leaves that are very wide (larger than four tefachim) may be used as schach as long as rain can enter the sukkah.[89]
  1. One may paint his schach different colors to decorate the sukkah.[90]

Putting on the Schach

Having more shade than sunlight

  1. If the sukkah has an equal amount of shade and sunlight entering through the schach when the sun is directly above one’s head, the sukkah is invalid. However, if the schach casts a shadow on the ground that is equal to the amount of sunlight that is cast on the ground, the sukkah is valid. Therefore, one must place enough schach to ensure more shade in the sukkah than sunlight.[91]

Thick schach

  1. One’s schach should not be so thick that it prevents one from seeing even a large star in the night sky. Too much schach, though, does not invalidate the sukkah.[92] Even if one placed so much schach that rain cannot enter the sukkah, the sukkah is still valid, and a berachah may be recited when eating in it. However, this should not be done lechatchilah.[93]
  1. If one realizes on Yom Tov that his schach is too thick, he may ask a non-Jew to remove some of it.[94]

Schach that was blown by the wind

  1. If one’s schach was blown in the wind and was raised more than three tefachim, the sukkah is still valid, and one does not have to raise the schach again with the intention of using it for the mitzvah.[95]

Level and size of the schach

  1. The pieces of schach do not have to be at the same height. Each piece of schach, though, should not be higher or lower than three tefachim from the one next to it. However, a piece of schach that is a tefach wide and is placed higher than three tefachim from the piece next to it is valid.[96]

Placing the Schach with the intention for the mitzvah

  1. Even a sukkah that was not built for the purpose of the mitzvah is a valid sukkah as long as it was built for its shade.[97] Before using the sukkah, one should add or lift part of the schach (even a tefach by a tefach) with the intention that the sukkah be used for the mitzvah of Sukkot.[98] One who did not do so may nevertheless use the sukkah.[99]
  2. One may use a machine to lift the schach onto the sukkah if one cannot do it himself.[100]
  1. If a sukkah became invalid on Sukkot, such as if the walls collapsed or the schach fell off, one may tell a non-Jew to put it back up on Yom Tov. Preferably, one should ask a non-Jew to ask another non-Jew, or hint to the non-Jew to do it.[101]
  2. If one accidentally fixed the schach of his sukkah on Yom Tov (for example, because he did not know that it is prohibited to place schach on a sukkah on Yom Tov), he may nevertheless use the sukkah on Yom Tov, and may even recite a berachah when eating inside it.[102]

Invalidating the Schach

  1. If one places non-kosher schach in the middle of his sukkah and it extends from one end of the sukkah to the other, the sukkah is invalid if there are more than four tefachim (32 cm) of non-kosher schach. For example, if one were to place a wooden board that is larger than four tefachim on top of the middle of sukkah and it extended from one wall to the opposite wall, the sukkah would be invalid. If the non-kosher schach is spread out over an area of three tefachim or less, the sukkah is still kosher, and one may even eat and sleep under that area. [103] However, if the area covered by the non-kosher schach is between three and four tefachim, the sukkah is still valid, but one may not eat or sleep under that area.[104]
  1. A space in the schach that is more than three tefachim wide and extends from one end of the sukkah to the other can invalidate a sukkah.[105] However, if it less than three tefachim wide, the sukkah is still valid, but one may not eat or sleep under that area.[106]
  1. If non-kosher schach is on the edge of a sukkah, directly above or next to the walls of the sukkah, such as on a ledge of a roof or a balcony that is above a sukkah, the sukkah is still valid as long as the non-kosher schach is within four amot (192 cm) from the wall. In such a case, the wall is considered bent (it follows the laws of dofen akumah). However, one may only sleep or eat under this part of the sukkah if the non-kosher schach is less than three tefachim[107]

The Height of the Sukkah

  1. The maximum height of a sukkah is twenty amot (9.6 meters). If the sukkah is taller than twenty amot, it is invalid.[108] The minimum height of a sukkah is ten tefachim (80 cm).[109]
  1. If the walls of the sukkah are taller than ten tefachim (80 cm), they do not have to reach the roof of the sukkah. However, the walls must be situated directly under the schach, or at least within three tefachim (24 cm) of where the schach[110]
  1. If the walls of the sukkah are within three tefachim from the ground, they may be counted as full walls, even if they only reach up to ten tefachim including the empty space at the bottom. However, if the walls begin higher than three tefachim, the sukkah is invalid, even if the walls are higher than ten tefachim.[111]
  1. Preferably, one should not build a sukkah that is only ten tefachim high, especially if one will be sitting and sleeping on a bed or stool.[112]

The Width and Length of a Sukkah

  1. The minimum width and length of a sukkah is seven tefachim by seven tefachim (56 cm by 56 cm).[113]
  1. There is no maximum width or length for a sukkah.[114]
  1. A circular sukkah must have at least the circumference of the minimum kosher measurements of a square sukkah (seven tefachim by seven tefachim).[115]

Placing the Schach before Building the Walls

  1. One should not place the schach before putting up proper walls. However, if one did, the sukkah is kosher, but should preferably not be used if there is another sukkah that one may use instead.[116]
  1. If a three-walled sukkah was built before Sukkot, and during the chag one of the walls fell down, the wall may be replaced, and the sukkah is kosher.[117]

The Decorations of a Sukkah during Sukkot and Shemini Atzeret

  1. It is a mitzvah to decorate the sukkah,[118] and one may even decorate his sukkah with decorations with which one would not decorate his home.[119]
  1. Preferably, one should not write out pesukim to hang inside the sukkah. However, if one already did, he may hang the pesukim in his sukkah.[120]
  1. Decorations that are normally used for non-Jewish holidays (such as colored lights) may be used as decorations for the sukkah, but only if they have not already been used for a non-Jewish holiday.[121]
  1. One may hang sheviit fruits in his sukkah since they may be eaten after Sukkot.[122]
  1. Throughout Sukkot, the sukkah decorations may not be removed or used for any other purpose. However, unlike with regards to the walls and schach of the sukkah, one may make a stipulation before Yom Tov in which he specifies that he reserves the right to use the decorations for other purposes throughout Sukkot. This stipulation enables one to use the decorations at any point, even while they are still hanging.[123]
  1. If the decorations are hung under an invalid part of the sukkah, such as in a part of the sukkah under a balcony, they may be used during the chag even without a stipulation beforehand.[124]
  1. If one tied fruit or bottles of wine as decorations in his sukkah, they may not be used throughout the chag until after Simchat Torah, even if they fell down. If the fruit or bottle of wine fell during Shabbat and Yom Tov, they are muktzeh and may not be moved, and certainly may not be eaten. Therefore, it is preferable to stipulate before Sukkot that any decoration will be permitted for use throughout the chag whenever one will see fit, and this way the decorations may be used, even if they do not fall down.[125]
  1. If one did not make a stipulation before the chag to allow him to benefit from the decorations, and one of the decorations fell on Shabbat or Yom Tov, he may indirectly push the fallen decoration to the side.[126]
  1. If a decoration that was attached to the schach fell down, one may reattach it to the wall, and is not required to reattach it to the schach.[127]
  1. Spices and other fragrant items that are hung in the sukkah may be smelled during the chag.[128]
  1. If one hung up a kosher etrog as a decoration in the sukkah, and during Chol HaMoed one’s etrog becomes pasul, he may take the etrog he hung up and use it as one of his arba minim.[129]
  1. One is permitted to remove decorations on Chol HaMoed if he is afraid that they will get stolen or ruined by the rain, even without a prior stipulation.[130]
  1. If it is raining on Yom Tov, one may remove a carpet or picture hanging on the sukkah wall to prevent it from getting wet. However, this should preferably be done with a prior stipulation.[131] Furthermore, one may only remove them from the wall in a permissible manner on Yom Tov or Shabbat.[132]
  1. There is no problem, and it is even preferable, for a woman to decorate the sukkah.[133]
  1. A vase with flowers that is placed on the table is not considered a decoration, and may be moved on Yom Tov.[134]

The Kedushah of the Walls and Schach

  1. The walls and schach of the sukkah have kedushah throughout Sukkot and Shemini Atzeret. This kedushah remains even if one discontinues using the sukkah at some point over Sukkot.[135] The walls and the schach may not be used in a way that conflicts with their function as a sukkah (for example, removing a sliver of wood to use as a toothpick).[136] However, they may be used in ways that do not counteract their function as a sukkah, such as by leaning on them or placing objects on them.[137]
  1. Stipulating that another use for the sukkah should not become prohibited is ineffective, and the kedushah, with its accompanying prohibitions, takes effect despite such a stipulation.[138]
  1. Although the walls and schach of a sukkah have kedushah, the ground underneath the sukkah does not. However, if there is flooring that is especially designated for the sukkah, such as if one put down a carpet, it has the same kedushah as the walls and schach, and may not be used for mundane purposes.[139]
  1. It is not considered degrading or misusing the sukkah to sit outside in the shade that the wall of the sukkah is casting.[140]
  1. If one used a closet or a refrigerator as a wall for his sukkah, the closet or refrigerator may be used to store items during the chag.[141]
  1. If a sukkah collapses, the walls and schach retain their kedushah throughout the remainder of the chag. Accordingly, they may not be used in a way that might have counteracted their function as a sukkah if they were still serving as one.[142]
  1. A sukkah that was designated for the mitzvah has no kedushah if it was never actually used.[143]
  1. Once Sukkot is over, the sukkah no longer has kedushah.[144]
  1. Even though the sukkah’s kedushah departs after Sukkot, it is nevertheless prohibited to step on the walls and schach of a sukkah after Sukkot or to dispose of them in a demeaning manner. They may only be discarded in a remote place where they are not likely to be trampled on by a passerby.[145] If it is difficult to dispose of them in a way that ensures that they will not be mistreated, then one may burn them.[146]

[1]. Vayikra 23:42–43

[2]. Sukkah 11b. See also Shulchan Aruch 625:1; Kaf HaChayim 625:2; Chazon Ovadia, Sukkot, p. 96; and Yalkut Yosef, Sukkah, p. 53 for other explanations for why we build sukkot. See also Sukkat Tzion, p. 18.

[3]. Rama 625:1 & 624:5; Moed LeChol Chai 19:110. See also Chazon Ovadia, Sukkot, p. 99 and Yalkut Yosef, Sukkah, p. 66.

[4]. See Yalkut Yosef, Sukkah, p. 71, which discusses the averah of gezel sheinah, stealing other people’s sleep.

[5]. See Moed LeChol Chai 20:44 and Chazon Ovadia, Sukkot, pages 99–100, which allow one to build a sukkah on erev Shabbat until Minchah Ketanah. See also Yalkut Yosef, Sukkah, pages 91 & 107.

[6]. Shulchan Aruch 637:1. Yalkut Yosef, Sukkah, p. 475 adds that one may even recite a SheHecheyanu when sitting in the sukkah for the first time, even if it is the middle of the chag.

[7]. Shulchan Aruch 636:1. Kaf HaChayim 636:6 states that if the sukkah was buily before thirty days and one did not change anything in the sukkah before Sukkot, then a berachah should not be recited when eating in it, and another sukkah should preferably be used. However, Chazon Ovadia, Sukkot, p. 63 states that a berachah may be recited even if one did not make any changes to the sukkah. See also Yalkut Yosef, Sukkah, pp. 459–472.

[8]. See Mishnah Berurah 636:7, which says that one should add something new to the sukkah. However, the Aruch HaShulchan 636:1 states that one does not have to add anything to the sukkah since it was originally built for the mitzvah of sukkah. See also Chazon Ovadia, Sukkot, p. 64, in the footnotes. Yalkut Yosef, Sukkah, p. 472 discusses a similar case, where the roof of one’s porch is covered by wood slats for shade. In such a case, one should replace the wood on the roof, since these slats are generally nailed in and should not be used as schach. However, if the slats are not nailed in, it suffices for one to lift some of the slats to “renew” the schach for that year.

[9]. Moed LeChol Chai 21:1; Chazon Ovadia, Sukkot, p. 99; Yalkut Yosef, Sukkah, p. 79; Sukkat Tzion, p. 68.

[10] Halichot Moed, p. 348.

[11]. Yalkut Yosef, Sukkah, p. 89.

[12]. Ibid., p. 105.

[13]. Ibid., p. 91; Yalkut Yosef, Avelut, p. 180.

[14]. Moed LeChol Chai 21:2 states that a non-Jew should not build one’s sukkah, and should especially not place the schach. However, the Chida in Kaf Achat 24:2 writes that while one should try to build the sukkah himself, if this is difficult, then at least the schach should be placed by a Jew. See also Sukkat Tzion, p. 74. In any case, Yechaveh Daat 6:41 and Chazon Ovadia, Sukkot, p. 56 state that the sukkah is kosher even if it was built by a non-Jew. See also Yalkut Yosef, Sukkah, p. 420, which discusses this subject at length.

[15]. Chazon Ovadia, Sukkot, p. 57, in the footnotes.

[16]. Chazon Ovadia, Sukkot, p. 64. This is unlike Shevet HaLevi, vol. 1, 166:2. See also Igrot Moshe, O.C., vol. 5, 40:3.

[17]. Shulchan Aruch 641:1.

[18]. Chazon Ovadia, Sukkot, p. 51.

[19]. Rama and Shulchan Aruch 626:1. See also Ohr LeTzion, vol. 4, 22:1.

[20]. Yalkut Yosef, Sukkah, pp. 130–153. This is even true if the tree or balcony is higher than twenty amot above one’s sukkah.

[21]. Shulchan Aruch 626:2; Chazon Ovadia, Sukkot, p. 33. Many poskim (see Ohr LeTzion, vol. 4, 22:1; Ashrei HaIsh, vol. 3, 25:26; and Chut Shani, Sukkah, p. 195) point out that one does not have to lift every single piece of schach by itself, and it is permitted to lift many pieces all at once. However, Yalkut Yosef, Sukkah, p. 154 says that one should preferably pick up each piece of schach by itself, since it seems from the wording of the Shulchan Aruch that one must do each one by itself, and not many at once.

Preferably, one should lift the schach three tefachim and then lower it back down. See Yalkut Yosef, Sukkah, p. 155 and Az Nidberu 13:38. However, if this is difficult, one may rely on Ohr LeTzion, vol. 4, 22:1; Ashrei HaIsh, vol. 3, 25:26; and others, which hold that it is sufficient to lift the schach only one tefach. See also Mishnah Berurah 629:44.

Similarly, it is preferable to lift the whole piece of schach at once. If this is difficult, one may rely on the views that hold that one may lift one part of the schach, and then separately lift the other part of the schach. See Ohr LeTzion, vol. 4, 22:1, which says that one may lift the schach in parts. However, Ashrei HaIsh, vol. 3, 25:26;Orchot Rabbenu, vol. 2, p. 214, and others rule stringently that one must lift the whole piece at once.

[22]. See Rama 626:3 and Mishnah Berurah 626:15. Chazon Ovadia, Sukkot, p. 33 and Yalkut Yosef, Sukkah, p. 158 state that one does not even have to open the roof when initially putting on the schach. However, Ohr LeTzion, vol. 4, 22:4 says that it is preferable to put on the schach when the roof is open. However, if one did not do so, the sukkah is kosher.

[23]. This is because the sukkah is not kosher if it is covered by a roof, even if the roof is retractable. See Mishnah Berurah 639:21 & 48; Chazon Ovadia, Sukkot, p. 188; and Yalkut Yosef, Sukkah, p. 161. However, one does not have to recite Kiddush again.

[24]. Chazon Ovadia, Sukkot, p. 187; Yalkut Yosef, Sukkah, p. 162.

[25]. Yalkut Yosef, Sukkah, pp. 163–164.

[26]. See Shulchan Aruch, O.C. 315:2; Pri Megadim 640:8; Mishnah Berurah 640:25; and Shaar HaTziyun 429:84. See also Chazon Ish 54:7, which states that one may also unravel the tarp when the rain stops.

[27]. Shulchan Aruch 627:4 & 629:19. See Chazon Ovadia, Sukkot, p. 86 and Yalkut Yosef, Sukkah, pp. 183–186 on this subject, and why the sukkah is still kosher when one puts up the tarp for decoration. The tarp does need to be placed solely for decorative purposes, but can also be placed to protect one from the rain. See also Ohr LeTzion, vol. 4, p. 144.

[28]. Shulchan Aruch 627:1; Ben Ish Chai, Haazinu 1:1. See also Yalkut Yosef, Sukkah, p. 169, which states that one may sleep under a bed that is under 80 cm, even lechatchilah. This is also the view of Ashrei HaIsh, vol. 3, 25:20, in the name of Rabbi Yosef Shalom Elyashiv. This is unlike the view brought in Piskei Teshuvot, p. 317, footnote 1, which says that this is bedieved. Similarly, Ohr LeTzion, vol. 4, 23:1, in the footnote points out that one may also sleep under a table or chair that is lower than ten tefachim from the ground. Regarding sleeping on a bunk bed: some poskim are stringent regarding sleeping on the bottom bunk, and some poskim permit one to sleep on the bottom bunk, provided that the top bunk is less than ten tefachim from the bottom one. See Yalkut Yosef, Sukkah, p. 178 and Teshuvot HaRishon LeTzion, vol. 1, p. 143, 6, which cites Shevet HaLevi 7:36, 8:143, & 10:87, which permits one to sleep on the bottom bunk. However, Ohr LeTzion, vol. 4, 23:1 and Ashrei HaIsh, vol. 3, 25:20 are stringent. See also Kaf HaChayim 627:7, which states that the tefachim are measured from the ground of the sukkah and not from the bed one is sleeping on.

[29]. Shulchan Aruch 627:2.

[30]. Halichot Shlomo, Sukkah 8:20 states in the name of Rabbi Shlomo Zalman Auerbach that one may do so on Sukkot. See also Shalmei Moed, p. 112, which adds that the Brisker Rav would even do so when it was raining on Sukkot. However, Chazon Ovadia, Sukkot, p. 86, in the footnotes says that one should not recite a berachah in such an instance. See also Yalkut Yosef, Sukkah, p. 186; ibid., p. 619, in the footnotes; and Teshuvot VeHanhagot 5:199.

[31]. Rama 627:4. The Mishnah Berurah 627:15 explains that even though this is Halachically permitted, one should avoid doing so since with enough decorations, the area covered by the decorations can act as a barrier between those who are sitting in the sukkah and the schach. See also Chazon Ovadia, Sukkot, p. 75. Yalkut Yosef, Sukkah, p. 513 says in the name of Chacham Ovadia Yosef that the decorations may be hung even if the top of the decoration is within the four-tefachim range, and one is not required to have the entire decoration within four tefachim of the schach. See also Ashrei HaIsh, vol. 3, p. 163.

[32]. Ben Ish Chai, Haazinu 1:2; Kaf HaChayim 628:21; Ohr LeTzion, vol. 4, 23:2; Chazon Ovadia, Sukkot, p. 76; Yalkut Yosef, Sukkah, p. 514.

[33]. Yalkut Yosef, Sukkah, pp. 277–281. See also Ohr LeTzion, vol. 4, 25:2.

[34]. Shulchan Aruch 628:3. Chazon Ovadia, Sukkot, p. 170 and ibid., Shabbat, vol. 1, p. 241 add that one may not even go to the sukkah if he brings his friend along to remind him not to break a branch.

[35]. See Shulchan Aruch 628:2, which allows one to build a sukkah on a wagon or boat. Chazon Ovadia, Sukkot, p. 169 and Yalkut Yosef, Sukkah, p. 188 add that this is also true for a car or truck. Obviously, this is only so if the car or truck has the prerequisite measurements of a kosher sukkah, and the sukkah is built in a way that it can withstand regular winds.

[36]. See Shaar HaTziyun 628:11, which agrees with the view of Bikurei Yaakov. Bikurei Yaakov disputes the Pri Megadim, which forbids the use of the sukkah while the vehicle is moving. See also Chazon Ovadia, Sukkot, p. 169; Yechaveh Daat 3:49; Yalkut Yosef, Sukkah, p. 189; and Ohr LeTzion, vol. 4, 23:3. In any case, Ashrei HaIsh, vol. 3, 24:3 points out that one must ensure that the schach does not blow away when driving.

[37]. Ashrei HaIsh, vol. 3, 24:3; Yalkut Yosef, Sukkah, p. 189; Ohr LeTzion, vol. 4, 24:3.

[38]. Shulchan Aruch 637:2. See Chazon Ovadia, Sukkot, p. 52, which says that a berachah may not be recited if one used a sukkah without the owner’s permission. Yalkut Yosef, Sukkah, p. 105 says that every synagogue should have its own sukkah to help those who cannot afford to build their own sukkot.

[39]. Shulchan Aruch and Rama 637:3.

[40]. Mishnah Berurah 637:9; Chazon Ovadia, Sukkot, p. 52.

[41]. Rama 637:3.

[42]. See Chazon Ovadia, Sukkot, p. 54. See also Halichot Shlomo, p. 109, which states that when building a sukkah in a public street, one should make sure not to build it in a place that will disturb traffic or pedestrians. Halichot Moed, p. 330 suggests that one should leave enough space for a double-stroller to pass by on the sidewalk. Similarly, Yalkut Yosef, Sukkah, p. 506, 15 says that one should preferably not build his sukkah in front of an emergency exit or fire hydrant since it is against the law. See also Rivevot Ephraim, vol. 1, 424:2.

[43]. Biur Halachah, 637 “Ve’Im Gazal”; Chazon Ovadia, Sukkot, p. 53; Yalkut Yosef, Sukkah, p. 500.

[44]. See Yechaveh Daat 5:46, in the footnotes; Chazon Ovadia, Sukkot, p. 57; and Yalkut Yosef, Sukkah, pp. 501–502. Similarly, one may not take boards from a building site without permission even if he intends to return them after Sukkot.

[45]. Shulchan Aruch 630:1.

[46]. Shulchan Aruch 630:1. See also Chazon Ovadia, Sukkot, p. 1 and Yalkut Yosef, Sukkah, p. 311.

[47]. Bet Yosef in the name of the Terumat HaDeshen; Yalkut Yosef, Sukkah, p. 157.

[48]. The Shelah in Sukkah §4 writes that one should place the walls in the same spot as the year before. Therefore, one should mark each wall as to where it goes to maintain its proper order of placement. See Be’er Hetev 630:6, which says that this was also the custom of the Maharil. This is also brought in Kaf HaChayim 630:5. However, Moed LeChol Chai 21:11 states that one who does not do so has a kosher sukkah even if the walls are built in a different spot from the previous year. See also Yalkut Yosef, Sukkah, p. 324.

[49]. Shulchan Aruch 630:10; Yabia Omer 9:59; Yechaveh Daat 3:46; Chazon Ovadia, Sukkot, p. 2; Ohr LeTzion, vol. 4, 25:6. One who has a tarp sukkah must take the following precautions: When setting up the metal frame, he must make a “wall” of tightly tied straps or metal bars that are within three tefachim from the ground and within three tefachim from each another (24 cm, as opinion view of Rabbi Chayim Naeh), until a height of ten tefachim (80cm). These straps may not be swayed by a normal wind, though it is okay for the straps to vibrate slightly by the wind. Furthermore, when placing the schach on top of the sukkah, one should preferably place wooden slats on top of the walls that the schach will rest on. See also Halichot Moed, p. 310.

[50]. Rama 630:1. See Yalkut Yosef, Sukkah, p. 354.

[51]. Rama 630:1. See Mishnah Berurah 630:4, which states that such a sukkah might not even fulfill one’s biblical obligation.

[52]. Yalkut Yosef, Sukkah, p. 90.

[53]. Kaf HaChayim 630:18, explaining the Bet Yosef; Chazon Ovadia, Sukkot, p. 6. See also Ohr LeTzion, vol. 4, 25:1, which says that if one only has three walls, as is the case in many balconies, one should put poles by the length of the sukkah, perpendicular to the bars of the railing. This is because the Magen Avraham, as brought in Mishnah Berurah 630:7, rules that for a three-walled sukkah, it is only permissible to use lavud to create a wall for only one of the sukkah walls, and the other two must be full walls. For a four-walled sukkah, however, even the Magen Avraham agrees that lavud may be used for all four walls. However, Chazon Ovadia, Sukkot, p. 6. disputes this view, and states that one does not have to add any extra poles, and the railing itself suffices as a wall for the sukkah — even for a sukkah with only three walls. See also Tefillah LeMoshe 2:37, which concurs with Chazon Ovadia. See also Shevet HaLevi 9:138–139.

[54]. Lavud is a halachah leMoshe miSinai, and dictates that if a wall is within three tefachim of another wall, they may be considered as though they are connected, and they may be treated as one entity.

[55]. Shulchan Aruch and Rama 630:2; Mishnah Berurah, 630:6 & 630:8–10. See also Ohr LeTzion, vol. 4, p. 163, in footnote 4; Chazon Ish 75:8; and Piskei Teshuvot, p. 333.

[56]. Shulchan Aruch 630:5. See also Chazon Ovadia, Sukkot, p. 12.

[57]. Shulchan Aruch 630:3. Kaf HaChayim 630:21 adds that if one did not make a tzurat hapetach, he may use the sukkah on Yom Tov if he does not have another one.

[58]. Rama 630:3. However, the Mishnah Berurah 630:18 states that preferably, the two walls should not be more than ten amot (4.8 meters) apart.

[59]. Rama 630:5. See also Yalkut Yosef, Sukkah, p. 362.

[60]. Shulchan Aruch, Y.D. 286:11; Mishnah Berurah 626:21; Tzitz Eliezer, vol. 17, 58:2; Chazon Ovadia, Sukkot, p. 94; Yalkut Yosef, Sukkah, p. 165; Ohr LeTzion, vol. 4, 22:5. Yalkut Yosef adds that if one turns a room in his home into a sukkah, such as a room with a retractable roof, he does not have to replace his mezuzah after the chag, since the room is generally used throughout the year, even though the roof has been removed. However, one who wants to be stringent may remove the mezuzah and get it checked by a sofer before putting it back up. In such a situation, one may even recite a berachah when putting the mezuzah back on the doorpost, provided that it is a room obligated in mezuzah, and a berachah is permitted to be recited, not just as a stringency. See also Shaarei Teshuvah 626:7; Pitchei Teshuvah, Y.D. 286:13; and Ohr LeTzion, vol. 4, 22:6.

[61]. Shulchan Aruch 629:1.

[62]. This excludes the hides of cows and other animals that graze from the grass and attribute their growth to the nutrition from the ground. Rama 629:1 also mentions that one may not use dirt as schach even though it is part of the ground. See also Ohr LeTzion, vol. 4, 24:1, which states that hydroponic plants are not considered grown from the ground, and may not be used as schach unless some dirt was mixed into the water from which they grew. See also Yalkut Yosef, Sukkah, p. 197, which discusses different types of tree branches that did not grow from the ground.

[63]. See Simchah LaIsh, Y.D., p. 205, in the name of Chacham Ovadia Yosef; and Yalkut Yosef, Sukkah, p. 217, which state that one may not use plants that are still attached to the dirt in their pots, even if there is no hole at the bottom of the pot.

[64]. This excludes any type of vessel. Other examples of objects that can become tamei will be discussed in the following halachot.

[65]. Shulchan Aruch 629:2. The Aruch HaShulchan 629:5 says that if one broke the closet to use it for schach, then it may be used for schach. Minchat Shlomo 1:22 adds that it must be impossible to determine that these pieces came from a closet. This is also brought in Halichot Shlomo, Sukkah 8:1, p. 124 and Tzitz Eliezer 13:66. However, Shevet HaLevi 3:95 and Lehorot Natan 7:44 dispute the view of the Aruch HaShulchan. Therefore, Chazon Ovadia, Sukkot, p. 17 and Yalkut Yosef, Sukkah, p. 220 state that one should preferably be stringent and not use objects that were able to become tamei, even if they are broken. See also Ohr LeTzion, vol. 4, 24:3, which states that one should also not use broken couches, chairs, or beds as schach.

[66]. Yalkut Yosef, Sukkah, p. 221.

[67]. Since they are mekabel tumah miderabbanan. See Chazon Ovadia, Sukkot, p. 21 and Ohr LeTzion, vol. 4, 24:4. See also Shulchan Aruch 629:2, which says that poles may not be used for schach. Mishnah Berurah 629:5 states that the Shulchan Aruch is referring to metal poles, not wooden ones. However, Chazon Ovadia, Sukkot, p. 22 says that wooden poles that are used to roast meat may also not be used as schach since they may also become tamei miderabbanan. See also Yalkut Yosef, Sukkah, p. 259 and on, which discusses this subject.

Regarding using a wooden ladder to hold up schach, see Shulchan Aruch 629:7; Chazon Ovadia, Sukkot, p. 45; and Ohr LeTzion, vol. 4, 24:7.

[68]. Aruch HaShulchan 629:5; Chazon Ovadia, Sukkot, p. 19; Yalkut Yosef, Sukkah, p. 245; Ohr LeTzion, vol. 4, 24:4.

[69]. This is because even though one may not use a full table since it is mekabel tumah miderabbanan, once it is broken into pieces it may be used. See Mishnah Berurah 629:8; Yabia Omer 10:46; Chazon Ovadia, Sukkot, p. 19; Ohr LeTzion, vol. 4, 24:2; and Shevet HaLevi, vol. 3, 95:4.

[70]. Shulchan Aruch 629:8. See Yabia Omer 10:46; Chazon Ovadia, Sukkot, p. 44; and Yalkut Yosef, Sukkah, p. 226 and on, which state that the view of most poskim is unlike Chazon Ish 143:2, which says that one may not put schach on something that is mekabel tumah. See also Halichot Shlomo, Sukkah 8:11, p. 134; Minchat Shlomo, Tinyana §54; Shevet HaLevi 7:60 & 9:136; Ohr LeTzion, vol. 1, siman 41; ibid., vol. 4, 24:8; and BaTzel HaChochmah, vol. 5, 43:2, which all argue with the view of the Chazon Ish.

[71]. See Mishnah Berurah 629:22 and Ohr LeTzion, vol. 4, 24:8, which explain that this is because stone is not mekabel tumah.

[72]. Shulchan Aruch 629:9. See also Chazon Ovadia, Sukkot, p. 19, which discusses that one may not even use foods smaller than a betzah.

[73]. Shulchan Aruch and Rama 629:11. One may even use plants that are used for medicinal purposes.

[74]. Shulchan Aruch 629:10. However, if the branches were cut to eat the dates, then even the stems of the dates are considered like the dates themselves, and may not be used for schach. Therefore, one will need more branch than the dates and their stems combined. See also Chayim Shaal, vol. 2, 35:3.

[75]. Chazon Ovadia, Sukkot, p. 16; Yalkut Yosef, Sukkah, p. 256; Ohr LeTzion, vol. 4, 24:3.

[76]. Torah Lishmah §165; Chazon Ovadia, Sukkot, p. 16; Yalkut Yosef, Sukkah, p. 257; Ohr LeTzion, vol. 4, 24:17.

[77]. Chazon Ovadia, Sukkot, p. 15; Yalkut Yosef, Sukkah, p. 258; Shevet HaLevi 4:57.

[78]. Chazon Ovadia, Sukkot, pp. 15–16; Yalkut Yosef, Sukkah, p. 259, halachah 17.

[79]. Shaarei Teshuvah 626:1; Moed LeChol Chai 21:20; Chazon Ovadia, Sukkot, p. 38. The Aruch HaShulchan §2 states that a berachah should not be recited when sitting in the sukkah if it is covered in snow. However, Chazon Ovadia states that one who recites a berachah has what to rely on.

[80]. See Shaar HaTziyun 629:73, in the name of the Taz, who is stringent. However, Chazon Ovadia, Sukkot, p. 43 and Yalkut Yosef, Sukkah, p. 264 are leninent, and state that there are many other lenient poskim to rely on.

[81]. This schach is also known as schach lanetzach. See Chazon Ovadia, Sukkot, p. 23; Yechaveh Daat 1:64; Shevet HaLevi 6:74; Ohr LeTzion, vol. 4, 24:11; Tefillah LeMoshe, vol. 2, 38:5; and Yalkut Yosef, Sukkah, p. 268, which permit schach lanetzach. This is unlike the ruling of Rabbi Yosef Shalom Elyashiv as cited in Az Nidberu 2:66 & 12:35. See Ashrei HaIsh, vol. 3, 25:9–11 for a slightly different citation of Rabbi Elyashiv’s view. See also Avnei Yoshfeh 1:120 and Tzitz Eliezer 10:29.

[82]. Chazon Ovadia, Sukkot, pp. 25–30; Yalkut Yosef, Sukkah, p. 270.

[83]. See Chazon Ovadia, Sukkot, p. 30, footnote 9 and Ohr LeTzion, vol. 4, 24:9, which permit one to tie down schach to the sukkah to prevent it from flying away, but only with natural string such as from cotton and flax, and not plastic string or nails. Furthermore, one should not tie it tightly to the sukkah; it should rather be loosely tied. However, bedieved, if one did so, he may eat in such a sukkah. See Shema Shlomo 4:20 and Ashrei HaIsh, vol. 3, p. 174. Halichot Moed, p. 304 says that even though one should not tie his schach down with plastic ties, one can recite a berachah on using such a Sukkah if one needs to. He also adds that it is permitted to tie one’s schach with plastic ties in addition to using natural string, such as flax, provided that the flax strings alone can hold the schach down from bowing away in a regular wind.

[84]. Yalkut Yosef, Sukkah, p. 294, 33; Shevet HaLevi 9:137; Ohr LeTzion, vol. 4, 24:9. Ohr LeTzion even permits one to put a block of wood held together with nails as a weight on the schach.

[85]. Shulchan Aruch 629:14. See also Yalkut Yosef, Sukkah, p. 210, which discusses schach that was in storage from the previous year and became moldy. It would seem that such schach should not be used unless one does not have any other schach.

[86]. Shulchan Aruch and Rama 629:12. See also Chazon Ovadia, Sukkot, p. 30. Ohr LeTzion, vol. 4, 24:13 adds that if one builds a sukkah on the last few days of Sukkot, he may even use a branch that normally would dry out if used as schach for the entire Sukkot, provided that it can remain moist for the remainder of Sukkot.

[87]. Shulchan Aruch 629:18.

[88]. See Chazon Ovadia, Sukkot, p. 30; Yabia Omer 4:49; and Yalkut Yosef, Sukkah, pp. 284–290, which add that one should also not leave a space larger than a tefach between each slat of wood. If one does not have enough wood to cover the whole sukkah, then the wood slats should be spread out, and one can spread branches of schach in the opposite direction (crisscrossing). See also Ohr LeTzion, vol. 4, 24:15.

Avnei Yoshfeh, vol. 1, 120:3 states in the name of Rabbi Yosef Shalom Elyashiv that while one may use wood slats, one should not use slats that are made of “sandwich wood,” which are small slats of wood glued together to make one thick piece.

[89]. Halichot Shlomo, p. 130; Shevet HaKehati 4:167; Ashrei HaIsh, vol. 3, p. 166.

[90]. Chazon Ovadia, Sukkot, p. 32; Ohr LeTzion, vol. 4, 24:17. See also Orchot Rabbenu, vol. 2, p. 214, in the name of Rabbi Chayim Kanievsky; Minchat Shlomo 2:151, michtav 1:2; Halichot Shlomo, p. 130; and Ashrei HaIsh, vol. 3, p. 167.

[91]. Shulchan Aruch 631:1. The Shulchan Aruch 631:2 adds that the shade and sunlight is judged by the sukkah as a whole, and not in small patches. However, the Rama adds that there may not be a space without schach that is more than seven tefachim squared. Chazon Ovadia, Sukkot, p. 72 says that since the Aruch HaShulchan 631:5 and other poskim hold that even if there is a space of seven tefachim in a specific area, the sukkah is still kosher, one may rely on this view and sit in such a sukkah.

[92]. Shulchan Aruch 631:3. See also Moed LeChol Chai 21:16.

[93]. The opinion of Rabbenu Tam, as cited by many Rishonim, is that if there is too much schach on a sukkah, to the extent that rain cannot even enter it, the sukkah is invalid. Shulchan Aruch HaRav 631:5 also disqualifies such a sukkah. However, the Chida in Birkei Yosef 631:2 points out that the Shulchan Aruch rules that such a sukkah is still valid is bedieved. This is also the view of the Mishnah Berurah 631:6; Aruch HaShulchan 631:6; and Eshel Avraham of Butchatch 639:5. See also Shevet HaLevi 7:60 & 10:93, which concurs with the opinion of the Chida. See also Chazon Ovadia, Sukkot, p. 35 and Yalkut Yosef, Sukkah, p. 368.

[94]. Chazon Ovadia, Sukkot, p. 37, in the footnotes; Yalkut Yosef, Sukkah, p. 273.

[95]. Chazon Ovadia, Sukkot, p. 72, in the footnote; Shevet HaLevi 10:100.

[96]. Shulchan Aruch 631:5.

[97]. Shulchan Aruch 635:1. These types of sukkot are described by the Gemara in Sukkah 8b as a sukkah of גנב”ך and רקב”ש, which is an acronym for גוים, נשים, בהמה, כותים, רועים, קיצים, בורגנין, שומרי שדות. These are all huts that were built for their shade, but not for the purpose of the mitzvah of sukkah.

[98]. Kaf HaChayim 635:3; Chazon Ovadia, Sukkot, p. 62; Yalkut Yosef, Sukkah, p. 419. Yechaveh Daat 6:41, footnote 1; Chazon Ovadia, Sukkot, p. 56 and Yalkut Yosef, Sukkah, p. 441 point out that one does not necessarily have to lift the schach; just putting up one of the walls is also sufficient.

[99]. Chazon Ovadia, Sukkot, p. 63 and Yechaveh Daat 6:41.

[100]. Yalkut Yosef, Sukkah, p. 428.

[101]. Yabia Omer, vol. 6, O.C. §50; Yechaveh Daat 6:41, p. 230; Chazon Ovadia, Sukkot, p. 48; Yalkut Yosef, Sukkah, pp. 441–449. Mishnah Berurah 626:20 & 637:1 holds that one may not instruct a non-Jew to fix his sukkah on Shabbat, but he may do so on Yom Tov and Chol HaMoed.

[102]. Chazon Ovadia, Sukkot, p. 49, in the footnotes; Yalkut Yosef, Sukkah, p. 449.

[103]. Shulchan Aruch 632:1.

[104]. Chazon Ovadia, Sukkot, pp. 86 & 88, footnote 33 rules stringently according to those views that hold that such a schach that measures less than four tefachim but more three tefachim should not be eaten under, but does not invalidate the sukkah. It should also be noted that since these four tefachim essentially cut the sukkah in half, the parts of the sukkah that are under kosher schach may still be used if there are three kosher walls and a space of seven by seven tefachim.

[105]. The Taz 632:4 explains that the reason why just three tefachim of empty space can invalidate the sukkah is because the lack of schach is more obvious than non-kosher schach, which can only invalidate a sukkah with four tefachim. See also Chayei Adam 146:9 and Mishnah Berurah 632:10. However, Chazon Ovadia, Sukkot, p. 69, footnote 33 cites the view of Korban Netanel, Sukkah 19a §30, which states that one should not apply this reasoning when there is glass on top of the sukkah and consider it like empty space, since it is noticeable. Rather, glass has the same halachot as schach pasul, and only disqualifies a sukkah with four tefachim.

[106]. Shulchan Aruch and Rama 632:2. See also Shulchan Aruch 632:3–4, which says that non-kosher schach and an empty space are not counted as one entity to invalidate a sukkah unless the sukkah only has an area of seven tefachim squared. See also Yalkut Yosef, Sukkah, p. 408, which points out that even when a space of three tefachim extends through the length or width of the sukkah, that part of the sukkah may still be used if there is enough space remaining in one of the halves of the sukkah with kosher schach, and there are still the prerequisite three walls. See also Ohr LeTzion, vol 4, 26:8.

[107]. Shulchan Aruch 633:1. However, the Shulchan Aruch points out that this is only the case with a sukkah that has seven tefachim in addition to the other non-kosher schach. However, in a sukkah that is only seven tefachim by seven tefachim, even three tefachim of non-kosher schach can invalidate the sukkah, no matter where it is situated.

[108]. See Shulchan Aruch 633:1–2, which explains that this height is measured beginning from the floor of the sukkah until the bottom of the schach, even if the top of the schach is taller than twenty amot. See also Yalkut Yosef, Sukkah, pp. 383–392 & 398 on this subject.

[109]. Shulchan Aruch 633:8. Chazon Ovadia, Sukkot, p. 9 explains that each tefach is 8 cm, and therefore the height of the sukkah must reach 80 cm for it to be kosher. The 80 cm are measured from the sukkah floor until the bottom of the schach. However, Shiurei Torah 3:39 states that one should add at least one more centimeter just to be sure that one has fulfilled the minimum measurement, since the measurement of 8 cm is not exact. Chazon Ovadia concurs with this view, and even adds that the sukkah should preferably be at least one meter high. See also Yabia Omer, vol. 9, O.C. 108:1, which states that the Sephardic custom is in accordance with the measurements of Rabbi Chayim Naeh, and not those of the Chazon Ish, even with measurements for a mitzvah deOrayta. This is unlike Ohr LeTzion, which says that one needs 10 cm for every tefach in a sukkah, and Yabia Omer says that 8 cm suffices. See also Yalkut Yosef, Sukkah, p. 315, which discusses this subject.

[110]. Chazon Ovadia, Sukkot, p. 12. See also Ohr LeTzion, vol. 4, 25:5, which states that according to the Shulchan Aruch, the sukkah is kosher, even though the wall is not directly under the schach, but is within three tefachim. However, one should still be stringent like the Rambam, who holds that the schach must be directly above the walls.

[111]. Shulchan Aruch 630:9; Chazon Ovadia, Sukkot, p. 12; Ohr LeTzion, vol. 4, 25:5.

[112]. See Yalkut Yosef, Sukkah, p. 405, in the name of Chacham Ovadia Yosef, who is unsure if a berachah may be recited if one sits on an object in such a sukkah.

[113]. Shulchan Aruch 634:1. Mishnah Berurah 634:1 and Kaf HaChayim 634:2 add that if the length is very long but the width is less than seven tefachim, or vice versa, the sukkah is invalid. See Chazon Ovadia, Sukkot, p. 11; Yalkut Yosef, Sukkah, p. 408; and Ohr LeTzion, vol. 4, 26:6.

[114]. Shulchan Aruch 634:1.

[115]. Shulchan Aruch 634:2.

[116]. Mishnah Berurah 635:10 states that according to the Bach, such a sukkah is kosher bedieved. However, many poskim disagree with this view. Ben Ish Chai, Haazinu 1:2 also disqualifies such a sukkah. However, Birkei Yosef 635:2 and Moed LeChol Chai 21:12 state that one may rely on the Bach. This is also the opinion of Chacham Ovadia Yosef in Halichot Olam, vol. 2, p. 266; Yabia Omer, vol. 10, 58:34; ibid., “He’arot al Rav Pe’alim” 1:34; Chazon Ovadia, Sukkot, p. 38; and Yalkut Yosef, Sukkah, p. 451, who writes that bedieved, even a berachah may be recited when eating in such a sukkah.

[117]. Rav Pe’alim 1:34, 3:40, & 4:21; Kaf HaChayim 635:18; Halichot Olam, vol. 2, p. 267; Chazon Ovadia, Sukkot, p. 40. Chazon Ovadia, Sukkot, p. 42 points out that even if the sukkah was built before the chag and the walls fell down before the chag even started, they may be replaced. This is unlike the view of Rav Pe’alim, which states that the walls may be replaced only if they fell during the chag, but if they fell before the chag, one has to place the schach again, as well.

[118]. This is included in the mitzvah of zeh E-li ve’anvehu, beautifying the mitzvot. See Yalkut Yosef, Sukkah, p. 508, which discusses different reasons why one should decorate the sukkah.

[119]. Igrot Moshe, vol. 5, O.C. §39; Yalkut Yosef, Sukkah, p. 511.

[120]. Chazon Ovadia, Sukkot p. 92; Yalkut Yosef, Sukkah, p. 516. See Halichot Shlomo, Sukkah 7:24, which states that decorations that contain a complete pasuk need to be put into genizah; however, if they only contain a small phrase, such as baruch atah bevoecha, they do not have to be put into genizah. See also Ginzei HaKodesh 18:11, which states in the name of Rabbi Nissim Karelitz that one should not throw away the decorations in a demeaning manner, even after Yom Tov.

[121]. Shevet HaLevi 2:57; Shevet HaKehati 2:215; Chazon Ovadia, Sukkot, p. 77; Yalkut Yosef, Sukkah, p. 516.

[122]. Yalkut Yosef, Sukkah, p. 533.

[123]. Shulchan Aruch 638:1; Chazon Ovadia, Sukkot, p. 77.

[124]. Chazon Ovadia, Sukkot, pp. 75 & 83. See Halichot Shlomo, Sukkah 7:21–22. Chazon Ovadia says some say that if the decorations are under a wall that is used as a dofen akumah, they may not be used without a stipulation before the chag. See also Piskei Teshuvot 638:4, footnote 12. Rivevot Ephraim, vol. 4, 153:22, is lenient if the decorations are outside of the sukkah. This is also the ruling of Kovetz Halachot, Sukkah, 12:16, unlike Orchot Rabbenu, vol. 2, p. 220. See also Shalmei Moed, p. 106.

[125]. Shulchan Aruch and Rama 638:2. The Shulchan Aruch continues that one should not stipulate by saying that he should be able to use the decorations when they fall; rather, one should say that he should be able to use the decorations whenever he wants throughout the chag.

[126]. Ben Ish Chai, Haazinu 1:10 writes that in such a situation, one should instruct a minor to move the fallen decoration out of the way. However, Yalkut Yosef, Sukkah, p. 539 states that this is not necessary, and one may indirectly move the fallen decorations himself if one needs their space. See Biur Halachah 638 “Asur Lehistapek,” which says that one may move a decoration or piece of schach that fell onto one’s table if he needs to use the table.

[127]. Chazon Ovadia, Sukkot, pp. 71 & 83. Obviously, this may only be done on Chol HaMoed and not on Yom Tov or Shabbat.

[128]. Rama 638:2, states that it is permitted to smell a hadas that is hanging in the sukkah. However, some poskim rule stringently. See also Pri Megadim, M.Z. 638:3; Mishnah Berurah 638:25; and Shaar HaTziyun 638:30, which state that according to the Taz, one may smell a hadas that is hanging from the schach because that was meant to be its use. This is also the ruling of the Shulchan Aruch HaRav 638:5. Chazon Ovadia, Sukkot, p. 87 says that this is also true regarding perfumes and other fragrances that hang from the schach or are attached to the walls. See Rav Pe’alim, vol. 3, O.C. §43; Minchat Shlomo 2:58; and Yalkut Yosef, Sukkah, p. 545.

[129]. Chatam Sofer, O.C. §184; Biur Halachah 638 “Kol Shmoneh”; Kaf HaChayim 638:55; Chazon Ovadia, Sukkot, p. 89.

[130]. See Shalmei Moed, p. 107 and Halichot Shlomo, Sukkah 7:27, p. 122, which state that moving a decoration on Chol HaMoed does not require a prior stipulation because one is allowed to move muktzeh on Chol HaMoed. However, one may not use the decoration for another use without stipulating so before the chag. See also Chazon Ovadia, Sukkot, p. 92. This is unlike the ruling of Ohr LeTzion, vol. 4, 28:2, which only permits one to move the decorations on Chol HaMoed in a bedieved situation. See also Shemesh U’Magen, vol. 3, O.C. 38:10, which is stringent, and does not allow one to remove the decoration without a prior stipulation, even if it is raining.

[131]. Rama 638:2; Yalkut Yosef, Sukkah, p. 553.

[132]. Kaf HaChayim 638:51; Yalkut Yosef, Sukkah, pp. 553–554.

[133]. Chazon Ovadia, Sukkot, p. 127, in footnote 19. This is unlike the view of Shoshanim LeDavid, which states that a man should decorate the sukkah himself, and not let his wife do it.

[134]. See Halichot Shlomo, Sukkah, 7:19, which is undecided whether it is muktzeh. However, Ashrei HaIsh, O.C., vol. 3, 24:31 and Yalkut Yosef, Sukkah, p. 560 rule leniently. See also Shevet HaKehati 6:232.

[135]. See the Bet Yosef, which states in the name of Orchot Chayim, Sukkah, §41 and Yalkut Yosef, Sukkah, p. 561 that one may not use the walls of the sukkah, even if one built another sukkah on Chol HaMoed. See also Chazon Ovadia, Shabbat, vol. 3, p. 145.

[136]. Shulchan Aruch 638:1.

[137]. See Yalkut Yosef, Sukkah, p. 536, which explains what is included in forbidden benefit from a sukkah.

[138]. Shulchan Aruch and Rama 638:1. Mishnah Berurah 638:6 points out that even a collapsed sukkah may not be used with a prior stipulation. However, a collapsed sukkah with a prior stipulation may be used on Shemini Atzeret. Without a stipulation, though, a collapsed sukkah may not be used even then.

[139]. Igrot Moshe, O.C. 1:181; Chazon Ovadia, Sukkot, p. 83. See Ashrei HaIsh, vol. 3, 24:4, which says regarding a sukkah built on a car that the part of the car being used as a sukkah, for example, the floor, may not be used for any other purpose during Sukkot. See also Yalkut Yosef, Sukkah, pp. 190, 538, & 547, which discusses this topic.

[140]. Mishpetei Uziel, vol. 1, p. 87; Yalkut Yosef, Sukkah, p. 543.

[141]. Shevet HaKehati 4:170; Chazon Ovadia, Sukkot, p. 83.

[142]. Rama 638:1; Mishnah Berurah 638:5; Kaf HaChayim 638:11.

[143]. Rama 638:1; Kaf HaChayim 638:21; Chazon Ovadia, Sukkot, p. 78.

[144]. Magen Avraham 638:2; Mishnah Berurah 638:9; Kaf HaChayim 638:4 & 638:21.

[145]. Taz 21:2; Mishnah Berurah 638:24; Kaf HaChayim 664:54; Chazon Ovadia, Sukkot, p. 94. Chazon Ovadia, Sukkot, p. 449 adds that one may place the wood next to a dumpster in a place where people will not step on it, even though the sanitation workers will throw it out. This is permitted since one is not directly throwing it out.

[146]. Ben Ish Chai, Vezot Haberachah 1:11 states that some people have the custom to use the wood from the sukkah to fuel the fire for hagalat kelim before Pesach. Seder HaYom, “Hanhagot Motzaei Yom Tov DeSukkot” states that it is proper to save the wood from the sukkah for the next year’s sukkah. See also Ginzei HaKodesh 18:10.