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b. The Mishna states that three walls are required for a sukkah. {}
d. The Gemara then gives the guidelines for this third piece: {}
1. If the two walls are perpendicular the third piece should be three
tefachim from the end.
2. If the two walls are parallel, the third piece should be four tefachim
long.
f. Minimum dimensions:
1. The Gemara states that the minimum shiur for length and width is
seven tefachim by seven tefachim. {}
6. Chazon Ish's opinion (Orach Chaim no. 39)- We assume (at least
l'chumra) that our eggs are half the size of the eggs in the time of
the Gemara. Therefore, since an etzba is 2.4 cm, one should
assume that the size of the beitzah is 99.5 cc.
a. When the etzba is 2.4 cm, the tefach is 9.6 cm (3.8 inches)
and the amah is 57.6 cm (22.6 inches)
e. When the etzba is 2.0 cm, the tefach is 8cm (3.14 inches)
and the amah is 48cm (18.9 inches).
h. Tzilasa merubah- The Mishna {} states that if the sunlight is greater than the
shade, the sukkah is p'sulah. {}
b. Tosaofs further note that what the gap does is bisect the
sukkah so that the two walls on the two sides of the gap are
not part of the same sukkah. Therefore, depending on
where the gap is, it is possible that either side of the gap
may be a valid sukkah whether the gap is on the side {} or
whether it is in the middle. {}
a. The Gemara states that laws of mechitzos are derived from Halacha L'Moshe
MiSinai. {}
b. The two concepts that we will focus on are gud asik and lavud as these are the
most common.
4. Does the fact that Shulchan Aruch rejects the concept of gud asik
mean that the walls must extend all the way up to the schach?
5. Shulchan Aruch rules that walls do not have to extend all the way
to the schach. You only need a wall of ten tefachim. {}
7. The Steipler has two ways to deal with this question: [Click here to
access.]
b. We accept the concept of gud asik and the problem with the
poles on the roof is that a sukkah requires actual walls. If
there are no walls at all, it is not considered a sukkah,
despite the concept of gud asik. When there are actual
walls of ten tefachim, those walls extend to the schach to
complete the sukkah.
ii. If you don't need the walls to reach the schach, you
are not using gud asik at all and therefore it is not a
problem to use lavud to extend the schach to the
edge of the sukkah so that it is as if it is over the
wall.
e. Lavud
f. There is a general concept that you can create a wall with gaps as long as the gaps
are less than three tefachim apart.
g. The Gemara seems to apply this to the walls of the sukkah as well. {}
h. Tosafos ask: Why is necessary to have a wall of four tefachim in the case of the
two parallel walls (discussed in the first section). Why not place two small boards
within three tefachim of each other? {&}
a. Trees- The Gemara states that in order to deal with a tree that is hanging over the
sukkah, you should pull the leaves down so that they are mixed with the schach
and if the majority is schach, the sukkah is valid. {}
b. Tosafos- We are dealing with a case where the tree is necessary to provide enough
shade to validate the schach. If the schach has enough shade on its own, the tree
is not a problem. {}
1. Ostensibly, the case is where the tree does not produce a majority
of shade by itself. Otherwise, why can't you build a sukkah inside
a house with enough schach to provide shade on its own?
3. Bach notes that Tur rules that Tosafos only permit a sukkah under
the tree if the tree is majority open, yet Tur permits spreading the
cloth. Bach answers that the cloth is permissible because its
purpose is to decorate the sukkah and therefore, it is batel to the
schach. {}
a. This answer doesn't really fit into the text of Tosafos who
seem to tie the two questions together.
4. Ran adds that even in a case where the sukkah is valid because the
shade from the tree doesn't invalidate majority of the schach, we
still treat the schach that is under the tree as schach pasul which
invalidates the sukkah if there are four tefachim across the sukkah.
{}
6. Biur Halacha notes that whenever you have two yesh omrim, the
halacha is like the second one (in this case it is the opinion of Ran/
Avi HaEzri) and therefore one should be machmir. However, if it
is a pressing situation and there is no other sukkah available, one
may rely on the first opinion. {}
d. Dofen Akuma- The Mishna states that if the inner part of a roof collapses, you can
make a sukkah out of the house as long as the edges of the roof that remain are
less than four amos. {&}
b. The schach wall must extend all the way to the schach.
2. Tur allows dofen akumah even when the wall does not extend to
the schach. Tur agrees that one may not sit under that section. {}
a. Beis Yosef suggests that Tur does not view dofen akumah
as the wall bending but rather that the roof serves as an
extension of the schach (albeit schach pasul). {}
3. Magen Avraham quotes the opinion of Ran that when using dofen
akumah, the walls must reach the schach. {}
h. It should be noted that a standard mesh screen is rated to have 66% openness.
This will keep the flies out but will not keep out the sun. There are certain
screens that are designed to keep sunlight out and may only have 30% openness.
We will discuss the standard mesh screen because as we will see, the screens that
are designed to keep sunlight out are much more problematic.
3. It is arguable that even Ran will agree that the screens are valid:
4. The screens are not complete walls, rather strips of schach pasul.
IV. Ma'amid
a. The sugya- The Mishna (ostensibly) cites a dispute regarding leaning the sukkah
on the legs of a bed. Chachamim allow it and R. Yehuda rules that if it can't stand
on its own it's a problem. The Gemara presents two reasons for R. Yehuda's
opinion: {}
c. You can't support the schach with something that is not worthy itself of being
schach. This is the opinion that is concerned for ma'amid.
2. Ran explains that the concern is that you may come to use it for
schach. {}
5. Ran- We follow the opinion that you can't support the sukkah with
something that it not worthy of becoming schach. {}
6. Terumas HaDeshen- It is permissible to nail down the support
beams of the schach because we follow the opinion that ma'amid is
not a problem. {}
b. Chazon Ish:
a. If the walls are not valid for schach, one should not place
the schach directly on the walls.
b. If the walls are valid for schach (e.g. wood beams),
ostensibly one should be able to place the schach directly
on the walls according to Magen Avraham and Vilna Gaon.
c. Mats- There are a number of issues that the poskim discuss regarding schach
mats:
1. The Mishna states that mats that were made for the purpose of
sitting on are invalid for schach because they are mekabel tumah.
{}
4. Maris Ayin
5. Rosh writes that even if the mat was made for the purpose of
schach and it not mekabel tumah, you can't use it in a place where
the local custom is to use the mats for sitting because of maris
ayin. {}
8. Gezerias Tikra
b. Rashi explains that the concern is that people will think that
there is no difference between a sukkah and a house. {}
a. Chayei Adam rules that this even applies if the small pieces
are strung together. {}
11. Does gezeiras tikra apply to materials that are not normally used
for roofs?
d. Ma'amid
12. There are different types of materials used to hold the mats
together. Some mats use nylon which is certainly not valid schach.
Some mats use natural non-spun fibers that are valid for schach.
Obviously, only the former would present a potential problem of
ma'amid.
13. If the sukkah is designed in such a way that if the string were to be
removed, the reeds would remain in place, there is no issue with
ma'amid.
14. In order to avoid the ma'amid problem, you would need many
support beams running perpendicular to the direction of the reeds.
You would also need to place beams on top of the schach to ensure
that they wouldn't blow away (if they were detached from the
string).
4. Shulchan Aruch records the minhag of not using beams for schach.
{} The question is: What is the concern?
5. R. Y. Shmuel Ashkenazi- The main concern is that people will set
up the beams in such a way that will prevent rain from coming in.
Even though Hagahos Maimonios is concerned about it looking
like a regular roof, the concern of it looking like a regular roof is
only because a regular roof doesn't allow rain in. Orchos Chaim's
reason is just an added chumra. {}
7. Practical Implications
10. R. Vosner notes that there are various practices regarding this
question. {}
a. The Mishna {} as explained by Rashi {}- There requirements for schach do not
apply to the walls of the sukkah. Therefore, they can be of (almost) any material.
c. Rashi states that Gemara is referring to a wall that sways in the wind. {}
d. There is a machlokes between Mishna Berurah and Chazon Ish how to understand
this:
1. Mishna Berurah- If the wall moves at all in the wind, it is not a
valid wall. {}
2. Chazon Ish- If the wall moves in such a way that it has the
potential of being an invalid wall (it blows so that the bottom three
tefachim are open) while the wind is blowing, the wall is invalid
even when the wind is not blowing. {}
a. Shulchan Aruch writes that one should not use cloth walls
unless they are tied very well. {}
a. Aside from the pre-fab portable sukkahs, there are many creative ways to build a
sukkah while on a chol hamoed road trip. The question is: what are the
parameters of building such a sukkah?
7. The Gemara states that the sukkah has kedusha which means that
you can't benefit from the sukkah the entire Sukkos even if part of
it falls. {}
a. Rashi states that the reason why a sukkah one cannot set
any conditions on the kedusha of the sukkah is that at the
time of the inception of the kedusha it is Yom Tov and you
don't have the ability to dismantle the sukkah at that time.
{}
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