Mishneh Torah — Shofar, Sukkah, Lulav הלכות שופר וסוכה ולולב, Chapter 4
The full Hebrew text of Mishneh Torah, Shofar, Sukkah, Lulav, Chapter 4, with English translation by Maimonides (Rambam).
שִׁעוּר הַסֻּכָּה גָּבְהָהּ אֵין פָּחוֹת מֵעֲשָׂרָה טְפָחִים וְלֹא יָתֵר עַל עֶשְׂרִים אַמָּה. וְרָחְבָּהּ אֵין פָּחוֹת מִשִּׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים. וְיֵשׁ לוֹ לְהוֹסִיף בְּרָחְבָּהּ אֲפִלּוּ כַּמָּה מִילִין. הָיְתָה פְּחוּתָה מֵעֲשָׂרָה אוֹ מִשִּׁבְעָה עַל שִׁבְעָה אוֹ גְּבוֹהָה מֵעֶשְׂרִים אַמָּה כָּל שֶׁהוּא הֲרֵי זוֹ פְּסוּלָה:
These are the required measurements of a sukkah: Its height (Eruvin 3b) should not be less than ten handbreadths 4a.) Sukkah 4b-5a derives the concept as follows: The ark and the kaporet covering it were ten handbreadths high. This constituted a line of demarcation between the place where the Shechinah was manifest and the area below it. Thus, we see that a height of ten handbreadths is sufficient for an independent area.Rabbenu Manoach establishes a closer relationship between the above concept and a sukkah, noting that Exodus 25:20 describes how the wings of the cherubs "shall shield the kaporet," using the verb סככים, which has the same root as the word s'chach. The beginning of the height of the cherub's "shield," ten cubits, is the minimum of the height for our s'chach. nor more than twenty cubits. 2a and the Rambam's commentary on the Mishnah.)[ It must be noted that any structure less than 20 cubits high can serve as a sukkah even if its walls are of a permanent nature.]A cubit is 48 centimeters according to Shiurei Torah and 57.6 centimeters according to the Chazon Ish. Its area should not be less than seven handbreadths by seven handbreadths. 2:8). A handbreadth is 8 centimeters according to Shiurei Torah, and 9.6 centimeters according to the Chazon Ish.The Rambam explains the requirement of seven handbreadths by seven hand breadths as follows: The first three hand breadths are not of consequence because of the principle of l'vud and four additional handbreadths are required since the smallest area of halachic consequence is four cubits by four cubits (Commentary, to the Mishnah, Sukkah 1:1).If the sukkah is not seven handbreadths in either length or width, it is invalid, even if its area equals 49 square handbreadths. If it is round in shape, it must be sufficiently large to encompass a square seven by seven (See Halachah 7). This size is required because if either of the dimensions were less, it would not be considered a dwelling fit for human habitation (Shulchan Aruch, Orach Chayim 634:1-2; Magen Avraham; Taz). [There is no maximum limit to] its area, 27b: "All Israel is fit to sit in one sukkah," as the source for this statement. A sukkah large enough to contain "all Israel" must possess a sizable area. and one may increase it [to include] a number of millim. is approximately a kilometer in contemporary measure.A sukkah which is less than ten handbreadths high, smaller than seven handbreadths by seven handbreadths [in area], or taller than twenty cubits (Orach Chayim 633:2-5) mentions a number of techniques by which a sukkah of this size can be made kosher, by decreasing the height of its inner space. - even [if the increase or decrease] is of the slightest amount - is invalid.
סֻכָּה שֶׁאֵין לָהּ שָׁלֹשׁ דְּפָנוֹת פְּסוּלָה. הָיוּ לָהּ שְׁתֵּי דְּפָנוֹת גְּמוּרוֹת זוֹ בְּצַד זוֹ כְּמִין גַּ"ם עוֹשֶׂה דֹּפֶן שֶׁיֵּשׁ בְּרָחְבּוֹ יֶתֶר עַל טֶפַח וּמַעֲמִידוֹ בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לְאֶחָד מִשְּׁתֵּי הַדְּפָנוֹת וְדַיּוֹ. וְצָרִיךְ לַעֲשׂוֹת לָהּ צוּרַת פֶּתַח מִפְּנֵי שֶׁאֵין לָהּ שָׁלֹשׁ דָּפְנוֹת גְּמוּרוֹת. וּכְבָר בֵּאַרְנוּ בְּהִלְכוֹת שַׁבָּת שֶׁצּוּרַת פֶּתַח הָאָמוּר בְּכָל מָקוֹם אֲפִלּוּ קָנֶה מִכָּאן וְקָנֶה מִכָּאן וְקָנֶה עַל גַּבֵּיהֶן אַף עַל פִּי שֶׁאֵינוֹ מַגִּיעַ לָהֶן:
A sukkah which does not possess three walls is invalid. 6b mentions Rabbi Shimeon's opinion, which requires four walls, all authorities accept the more lenient view. The Jerusalem Talmud (Sukkah 1:1) explains that their difference of opinion is based on the exegesis of Isaiah 4:6:There will be a sukkah that will serve as a shadow from the heat during the day, a place of refuge, and a cover from storm and from rain.The Sages maintain that the verse refers to three different activities, and hence require three walls. Rabbi Shimeon counts "a cover from storm and from rain" as two different activities, and hence requires four walls. However, if it has two complete walls perpendicular to each other in the shape of [the Greek letter] has the same shape as the Hebrew letter dalet (see accompanying drawing) and asks why the Sages did not use that letter to refer to the intended shape. He explains that the very letters of the Hebrew alphabet are endowed with holiness. Hence, the Sages did not want to use them as an example to refer to a mundane matter. gamma, it is sufficient to construct a third wall that is [only] slightly more than a handbreadth wide and place it within three handbreadths 16b teaches that whenever there is a gap of three handbreadths or less between two entities, the principle of l'vud applies. The gap is considered to be closed and the two parts connected. Thus, the third wall is considered to be more than four handbreadths long, hence spanning more than half of the length required for the third wall. Therefore, it is acceptable (Rabbenu Nissim). of one of the two walls. brings support for the latter view, quoting Sukkah 7b, which states that since the third wall only a handbreadth in size is considered to be a wall with regard to the laws of sukkah, it is also considered to be a wall with regard to the laws regarding a private domain on the Sabbath. In the latter instance, four walls are necessary. Also, one must construct the likeness of an entrance, since it does not possess three complete walls. 430) explains that the requirement of a "likeness of an entrance" is a Rabbinic ordinance, and, according to Torah law, a sukkah is acceptable as long as the third wall is a handbreadth as required.We have already explained in Hilchot Shabbat that wherever the term "a likeness of an entrance" is used, it may be a rod on one side, another rod on the opposite side, and a third above, 630:2) states that if the two rods reach the s'chach, a third rod is unnecessary. (See Mishnah Berurah 630:12.) even though it does not touch them.
הָיוּ לָהּ שְׁתֵּי דְּפָנוֹת זוֹ כְּנֶגֶד זוֹ וּבֵינֵיהֶן מְפֻלָּשׁ. עוֹשֶׂה דֹּפֶן שֶׁיֵּשׁ בְּרָחְבּוֹ אַרְבָּעָה טְפָחִים וּמַשֶּׁהוּ וּמַעֲמִידוֹ בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לְאַחַת מִשְּׁתֵּי הַדְּפָנוֹת וּכְשֵׁרָה. וְצָרִיךְ לַעֲשׂוֹת לָהּ צוּרַת פֶּתַח. קָנִים הַיּוֹצְאִים מִסְּכַךְ הַסֻּכָּה לִפְנֵי הַסֻּכָּה וְדֹפֶן אַחַת נִמְשֶׁכֶת עִמָּהֶן הֲרֵי הֵן כְּסֻכָּה:
If the two walls were parallel to each other and there was an open space between them, one should construct a wall slightly more than four handbreadths wide 7a). and place it within three handbreadths. of one of the two walls; then, [the sukkah] is kosher. (Rambam, Commentary on the Mishnah, Sukkah 1:1). However, it is necessary to construct "the likeness of an entrance." (Orach Chayim 630:3) quotes the Rambam's opinion as halachah.The Ramah mentions that the "likeness of an entrance" is required only when the third wall needs the principle of l'vud for it to be considered seven handbreadths long. However, if the wall is actually seven handbreadths or more long, nothing more is necessary.If the rods of the s'chach of the sukkah extend beyond the sukkah and one wall extends with them, they are considered to be [part of] the sukkah. 631:7.)
דְּפָנוֹת שֶׁהָיוּ דְּבוּקוֹת בְּגַג הַסֻּכָּה וְלֹא הָיוּ מַגִּיעוֹת לָאָרֶץ אִם הָיוּ גְּבוֹהוֹת מִן הָאָרֶץ שְׁלֹשָׁה טְפָחִים פְּסוּלָה. פָּחוֹת מִכֵּן כְּשֵׁרָה. הָיוּ הַדְּפָנוֹת דְּבוּקוֹת לָאָרֶץ וְלֹא הָיוּ מַגִּיעוֹת לַסְּכָךְ אִם גְּבוֹהוֹת עֲשָׂרָה טְפָחִים אַף עַל פִּי שֶׁהֵן רְחוֹקִין מִן הַגַּג כַּמָּה אַמּוֹת כְּשֵׁרָה וּבִלְבַד שֶׁיִּהְיוּ הַדְּפָנוֹת מְכֻוָּנוֹת תַּחַת שְׂפַת הַגַּג. הִרְחִיק אֶת הַגַּג מִן הַדֹּפֶן שְׁלֹשָׁה טְפָחִים פְּסוּלָה. פָּחוֹת מִכֵּן כְּשֵׁרָה. תָּלָה מְחִצָּה שֶׁגְּבוֹהָה אַרְבָּעָה וּמַשֶּׁהוּ בְּאֶמְצַע בְּפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לָאָרֶץ וּבְפָחוֹת מִשְּׁלֹשָׁה סָמוּךְ לַגַּג הֲרֵי זוֹ כְּשֵׁרָה:
Walls which are connected to the roof of the sukkah, but do not reach the earth: If they are more than three handbreadths above the earth, they are invalid; 16a records a difference of opinion between the Sages whether a "hanging partition" - i.e., a partition that is not connected to the earth - is kosher. The halachah does not accept such a partition, because animals can crawl under it. (See Shabbat 97a.) Nevertheless... if the distance is less than that, they are kosher., it is considered as if they actually reach the ground.[The following rules apply] should the walls be connected to the earth, without reaching the s'chach: If they are ten handbreadths high, they are kosher even though are removed several cubits from the roof,. See Sukkah 4b for an additional discussion of this concept.Though this concept is accepted, we do not say מחיצתא גוד אחית - "Pull down and extend the partition." Hence, in the first clause of this halachah, the partition is not acceptable until it reaches three cubits of the ground.[It is possible to distinguish between the two cases as follows. A partition on the ground that must be extended upward serves as a functional divider. In contrast, a partition hanging downward cannot adequately fulfill its purpose unless it reaches within three handbreadths of the ground. (See also the Or Sameach's resolution of a difficulty arising from Eruvin 79a.)] provided they are positioned below the end of the roof., so that the s'chach covers them.Furthermore, the walls may even be slightly removed from the s'chach. (See Shulchan Aruch, Orach Chayim 630:9.) If the roof was separated from the wall by more than three handbreadths, it is invalid; to be considered the roof of these walls. In such an instance, not only is sitting under the open portion of no halachic import, the entire sukkah is invalid. Nevertheless, a sukkah in which the distance is... less than this amount is kosher.. This concept also applies when the walls are as high as the s'chach. Even though the walls extend beyond the s'chach the sukkah is kosher. Nevertheless, one should not sit under the open portion.If one suspended a partition which is slightly more than four handbreadths high at a distance of less than three handbreadths from the earth. and a distance of less than three handbreadths from the roof, because of the principle of l'vud. it is kosher. 16b explains that even though we must rely on the principle of l'vud twice, the sukkah is still kosher.
הָעוֹשֶׂה סֻכָּתוֹ בֵּין הָאִילָנוֹת וְהָאִילָנוֹת דְּפָנוֹת לָהּ. אִם הָיוּ חֲזָקִים אוֹ שֶׁקָּשַׁר אוֹתָם וְחִזֵּק אוֹתָם עַד שֶׁלֹּא תִּהְיֶה הָרוּחַ הַמְּצוּיָה מְנִידָה אוֹתָם תָּמִיד וּמִלֵּא בֵּין הָאֲמִירִים בְּתֶבֶן וּבְקַשׁ כְּדֵי שֶׁלֹּא תָּנִיד אוֹתָם הָרוּחַ וְקָשַׁר אוֹתָם הֲרֵי זוֹ כְּשֵׁרָה. שֶׁכָּל מְחִצָּה שֶׁאֵינָהּ יְכוֹלָה לַעֲמֹד בְּרוּחַ מְצוּיָה שֶׁל יַבָּשָׁה אֵינָהּ מְחִצָּה:
When a person constructs his sukkah among the trees,. That issue is dealt with in Chapter 5, Halachah 12. Rabbenu Manoach and others have also raised questions whether the s'chach should be supported by the trees. (See the commentary on the following halachah.) using the trees as walls, it is kosher if:a) they are strong enough - or he tied them and reinforced them so that they would be strong enough - that they would not be shaken by the wind at all times; andb) he filled [the space] between the branches with hay and straw, 24b) tying them so that they will not be shaken by the wind.[This is necessary,] for any partition that cannot stand before a normal land wind 23a) is not considered to be a partition. 16:15, 24.)
הָעוֹשֶׂה סֻכָּתוֹ בְּרֹאשׁ הָעֲגָלָה אוֹ בְּרֹאשׁ הַסְּפִינָה כְּשֵׁרָה וְעוֹלִין לָהּ בְּיוֹם טוֹב. בְּרֹאשׁ הָאִילָן אוֹ עַל גַּבֵּי הַגָּמָל כְּשֵׁרָה וְאֵין עוֹלִין לָהּ בְּיוֹם טוֹב. לְפִי שֶׁאָסוּר לַעֲלוֹת בְּיוֹם טוֹב בָּאִילָן אוֹ עַל גַּבֵּי בְּהֵמָה. הָיוּ מִקְצָת הַדְּפָנוֹת עֲשׂוּיוֹת בִּידֵי אָדָם וּמִקְצָתָן אִילָנוֹת רוֹאִין כָּל שֶׁאִלּוּ נִטְּלוּ הָאִילָנוֹת הִיא יְכוֹלָה לַעֲמֹד בַּדְּפָנוֹת שֶׁבִּידֵי אָדָם עוֹלִין לָהּ בְּיוֹם טוֹב:
If a person constructs his sukkah on top of a wagon 22b) or on the deck of a ship, 23a relates:A person who constructs his sukkah on the deck of a ship: Rabban Gamliel deems it invalid; Rabbi Akiva deems it kosher.Once Rabban Gamliel and Rabbi Akiva were traveling on a ship. Rabbi Akiva arose and constructed a sukkah on the ship's deck. The next morning, the wind came and blew it over. Rabban Gamliel asked Rabbi Akiva: "Akiva, where is your Sukkah?"As apparent from the narrative, such a sukkah need not be strong enough to withstand sea winds. However, even according to Rabbi Akiva, it must be strong enough to withstand normal land winds, as explained in the previous halachah. it is kosher, and one may ascend to it on the festival. If one constructs it on the treetops or on a camel's back, it is kosher, 23a explains that Rabbi Yehudah objected to the use of such a sukkah, explaining that since it was not fit to be used on all seven days of the holiday (because of the prohibition against using it on the first day), it should not be used at all.Our halachah follows Rabbi Meir's opinion. He accepts Rabbi Yehudah's motivating principle, but explains that in the case at hand, there is no inherent difficulty with using such a sukkah throughout the holiday. The only reason it is not used on the first day is an external factor - a Rabbinic decree - which should not affect the halachic status of the sukkah itself. but one may not ascend to it on the festival, 154b), Tosafot, Sukkah 22b and the Maggid Mishneh explain that even if the sukkah is on the ground and only the s'chach is supported by the tree, it is forbidden to use such a sukkah on the festival, lest one place utensils on the s'chach, and thus make use of the tree.The Magen Avraham (628:6) quotes this opinion, but states that at present it is no longer customary to place articles on the s'chach. Therefore, it is permitted to use such a sukkah. His opinion is quoted by Shulchan Aruch HaRav 628:7, and the Mishnah Berurah 628:17, with one qualification. At the outset, it is desirable not to use an article as support for s'chach unless it is, itself, fit to be used as s'chach. Hence, since the trees themselves are not fit to be used as s'chach, they should not be used as its supports. because climbing on a tree or animal is forbidden on a festival. 5:2 relates:All the [prohibitions] which we are obligated [to observe as] sh'vut...on the Sabbath, we are obligated [to observe] on a festival. These are [the activities prohibited] as sh'vut: We do not climb a tree; we do not ride an animal...In his commentary on that Mishnah, the Rambam writes:"We do not climb a tree" - a decree lest we uproot [it];"we do not ride an animal" - a decree lest we break off a branch to lead it.If some of the walls were the result of human activity and some were trees, we consider [its structure]. We may ascend to any [sukkah] where, if the trees were taken away, it would be able to stand with the walls that were built by man alone. 23a. The Mishnah adds examples to express the concept more clearly:Two [walls] that were the result of human activity and one [wall] from the tree, or two [walls] from the tree and one [wall] that is a result of human activity.
סֻכָּה שֶׁאֵין לָהּ גַּג פְּסוּלָה. כֵּיצַד. כְּגוֹן שֶׁהָיוּ רָאשֵׁי הַדְּפָנוֹת דְּבוּקוֹת זוֹ בָּזוֹ כְּמִין צְרִיף. אוֹ שֶׁסָּמַךְ רֹאשׁ הַדֹּפֶן שֶׁל סֻכָּה לַכֹּתֶל. אִם הָיָה לָהּ גַּג אֲפִלּוּ טֶפַח. אוֹ שֶׁהִגְבִּיהַּ הַדֹּפֶן הַסָּמוּךְ לַכֹּתֶל מִן הַקַּרְקַע טֶפַח הֲרֵי זוֹ כְּשֵׁרָה. סֻכָּה עֲגֻלָּה אִם יֵשׁ בְּהֶקֵּפָהּ כְּדֵי לְרַבֵּעַ בָּהּ שִׁבְעָה טְפָחִים עַל שִׁבְעָה טְפָחִים אַף עַל פִּי שֶׁאֵין לָהּ זָוִיּוֹת הֲרֵי זוֹ כְּשֵׁרָה:
A sukkah that does not possess a roof is invalid. To what does this refer? A sukkah whose walls are joined to each other like a hut; 19b) explains that this is a reference to a hunter's hut. See Diagram A; alternatively, when the side of the sukkah is placed against the wall. However, if it has a roof, even only a handbreadth in width, or if one lifted the side of the sukkah close to the wall a handbreadth above the ground, it is kosher., Rabbenu Manoach, and others explain that though leniency is taken and such a sukkah is allowed, it must still possess all the dimensions required of a kosher sukkah mentioned in Halachah 1 of this chapter. Accordingly, at least six handbreadths of the slanted roof must itself be kosher for use as s'chach, and it must be more than 16 handbreadths long, so that it will be of the required height. When the Sukkah meets these qualifications, one is permitted to eat and sleep within it. (See also Ramah, Shulchan Aruch, Orach Chayim 631:10.)A round sukkah 7b records an opinion which disqualifies such a sukkah because it is not fit for use as a permanent dwelling. Nevertheless, the halachah does not follow this view.On this basis, we can understand the placement of this law. On the surface, it would be more appropriate to state this law as part of Halachah 1, which describes the dimensions of a sukkah. However, the Rambam structured the order of his halachot according to their motivating principles. Thus, the first clause of the halacah describes the construction of a sukkah whose shape causes it to be deemed unacceptable even as a temporary dwelling. In contrast, this clause describes a sukkah whose shape is abnormal, but acceptable for temporary purposes. - if its circumference is large enough to contain a square seven handbreadths by seven handbreadths, it is kosher even though it has no corners.
סִכֵּךְ עַל גַּבֵּי אַכְסַדְרָה שֶׁיֵּשׁ לָהּ פְּצִימִין בֵּין שֶׁהָיוּ נִרְאִין מִבִּפְנִים וְאֵין נִרְאִין מִבַּחוּץ בֵּין שֶׁהָיוּ נִרְאִין מִבַּחוּץ וְאֵין נִרְאִין מִבִּפְנִים כְּשֵׁרָה:
Should one place s'chach over an exedrah 17:35) deals with the following structure: A roof is placed between two walls, and within this roof a hollow place is left to allow sunlight to enter. Pillars are placed at each of the corners of the hole. The question is whether such a structure can serve as a sukkah if one placed s'chach over the hole. See diagram A. which has projections [extending from its pillars], it is kosher, and reaching the ground (Sukkah 18b) Thus, greater leniency is granted in this instance than in Halachah 3 of this chapter, where a partition four handbreadths in width is required.Needless to say, as evident from Halachah 5:14, the walls of the exedrah cannot be more than four cubits removed from the s'chach. regardless of whether the projections can be seen from the inside - although they cannot be seen from the outside - or whether they can be seen from the outside - although they cannot be seen from the inside. (Orach Chayim 630:8) quotes the Rambam's statements as halachah. However, the Ramah advises against constructing a sukkah in this manner.
לֹא הָיוּ לָהּ פְּצִימִין פְּסוּלָה מִפְּנֵי שֶׁהִיא סֻכָּה הָעֲשׂוּיָה כְּמָבוֹי שֶׁהֲרֵי אֵין לָהּ אֶלָּא שְׁנֵי צִדֵּי הָאַכְסַדְרָה וְאֶמְצַע הָאַכְסַדְרָה אֵין בּוֹ כֹּתֶל וְשֶׁכְּנֶגְדּוֹ אֵין בּוֹ פְּצִימִין:
If it does not have projections [extending from its pillars] it is not valid, because it resembles a sukkah constructed in an alley, because it has [walls on] only the two sides of the exedrah. The middle of the exedrah does not have a wall and there are no projections opposite it., but explains that there is a basic difference between the two contexts. Here, the two walls were not constructed for the sake of the sukkah. In contrast, in the laws of eruvin, the walls were constructed for the sake of creating an enclosure.
סִכֵּךְ עַל גַּבֵּי מָבוֹי שֶׁיֵּשׁ לוֹ לֶחִי אוֹ עַל גַּבֵּי בְּאֵר שֶׁיֵּשׁ לָהּ פַּסִּין הֲרֵי זוֹ סֻכָּה כְּשֵׁרָה לְאוֹתָהּ שַׁבָּת שֶׁבְּתוֹךְ הֶחָג בִּלְבַד. מִתּוֹךְ שֶׁלֶּחִי זֶה וּפַסִּין אֵלּוּ מְחִצּוֹת לְעִנְיַן שַׁבָּת נַחְשֹׁב אוֹתָן כִּמְחִצּוֹת לְעִנְיַן סֻכָּה:
Should a person place s'chach over an alleyway which possesses a lechi 17:2 states:How is one permitted [to carry articles] in a closed alleyway?One constructs a lechi (vertical pole) [at the entrance] to the fourth side or one lays a beam (korah) across [the span of the fourth side].Rabbenu Manoach explains that although the alleyway is closed on three sides, were it not for the special provisions mentioned in this halachah, it would not be acceptable, because in this instance the s'chach is placed more than four cubits away from the end of the alleyway. Hence, generally, as explained in Chapter 5, Halachah 14, such a sukkah would not be acceptable. or a well which possesses pasim, 17:27 states:When a total of eight pasim [partitions] are constructed around a well, two connected to each other at each of its corners, they are considered to be walls. Thus, even though on each side the open portion exceeds the closed, since the four corners are closed, it is permitted to fill up water from the well and to water an animal.What is the height of each of these pasim? Ten handbreadths; their length must be at least six handbreadths and between each pas, there should be...no more than thirteen and one third cubits.Thus, there are no complete walls to this structure, and without the special provision granted by this halachah, it would not be acceptable.Sukkah 7b explains that each of these situations possesses an advantage over the other: The alley possesses an advantage in that it has two complete walls. In contrast, the well possesses an advantage in that it has partitions of some sort on each of its four sides. Hence, it is necessary to state both these laws, and neither could be derived from the other. it is considered a kosher sukkah only on the Sabbath of the festival. explains this as applying only to the days which precede the Sabbath. However, once the sukkah is acceptable on the Sabbath, it is also deemed kosher for the remaining days of the festival. (This view is not accepted by other authorities.) Since this lechi and these pasim are considered to be partitions with regard to the Sabbath laws, they are also considered to be partitions with regard to the laws of sukkah. (Orach Chayim 630:7) quotes these laws as halachah. (Also see the Ramah's notes.)
נָעַץ אַרְבָּעָה קֻנְדִּיסִין עַל אַרְבַּע זָוִיּוֹת הַגַּג וְסִכֵּךְ עַל גַּבָּן הוֹאִיל וְהַסִּכּוּךְ עַל שְׂפַת הַגַּג כָּשֵׁר וְרוֹאִין אֶת הַמְּחִצּוֹת הַתַּחְתּוֹנוֹת כְּאִלּוּ הֵן עוֹלוֹת לְמַעְלָה עַל שְׂפַת הַסִּכּוּךְ:
Should a person implant four poles in the four corners of the roof and place s'chach upon them, it is kosher. Since he placed the s'chach [above] the edge of the roof, we consider that the lower walls ascend to the edge of the s'chach. 4b. There are differences in the versions of the relevant passage possessed by the Rambam and Rav Sherirah Gaon, on the one hand, and those possessed by other Sages, on the other hand. Because of those textual differences, the Ra'avad, Rabbenu Manoach, and others have questioned the Rambam's decision. (See Maggid Mishneh.)These differences caused the Shulchan Aruch (Orach Chayim 630:6) to reject the Rambam's decision. The Mishnah Berurah 630:31 states that even according to the Rambam, the poles must be placed exactly at the edge of the roof. If they are placed further in, even when they are within three handbreadths of the edge, the sukkah is not acceptable.
סֻכָּה שֶׁיֵּשׁ לָהּ פְּתָחִים רַבִּים וְיֵשׁ בִּכְתָלֶיהָ חַלּוֹנוֹת הַרְבֵּה הֲרֵי זוֹ כְּשֵׁרָה. וְאַף עַל פִּי שֶׁפָּרוּץ מְרֻבֶּה עַל הָעוֹמֵד. וּבִלְבַד שֶׁלֹּא יִהְיֶה שָׁם פֶּתַח יֶתֶר עַל עֶשֶׂר. אֲבָל אִם הָיָה שָׁם פֶּתַח יֶתֶר עַל עֶשֶׂר אַף עַל פִּי שֶׁיֵּשׁ לָהּ צוּרַת פֶּתַח צָרִיךְ שֶׁלֹּא יִהְיֶה הַפָּרוּץ מְרֻבֶּה עַל הָעוֹמֵד:
A sukkah which has many entrances and many windows in its walls is kosher even though the open portion (Hilchot Shabbat 16:17). The Magen Avraham 630:1 explains that regarding the laws of sukkah, this principle applies only when one constructs four walls. However, if the sukkah has only three walls, the principle of l'vud cannot be applied, to consider spaces less than three handbreadths in length to be closed. exceeds the closed portion, provided there is no opening larger than ten cubits. 7a states:[The laws governing] a wall of a sukkah resemble [those governing] the wall [of an enclosure] on the Sabbath...There is an additional [stringency to the laws] of the Sabbath that does not apply to a sukkah. On the Sabbath, [a wall] is permitted only when the enclosed portion is greater than the open portion. This does not apply to a sukkah.The Rambam describes the laws governing a wall on the Sabbath as follows (Hilchot Shabbat 16:16):Every wall whose open portion exceeds its enclosed portion is not considered to be a wall. However, if the open portion is equal to the closed portion, it is permitted, provided that none of the open portions exceeds ten cubits.Based on the above, the Maggid Mishneh and the Kessef Mishneh explain that just as concerning the laws of the Sabbath, the closed portion of a wall must exceed its open portion, so, too, concerning two of the walls of the sukkah. The leniency allowing a wall of the sukkah to be counted as a wall even though the open portion exceeds the closed portion applies only concerning the third wall. Just as other leniencies (see Halachot 2 and 3) are granted concerning the third wall, this leniency is also allowed.Others explain that the intent is that even when the open portion of all four walls exceeds the closed portion, the sukkah is kosher, while on the Sabbath such an enclosure is not acceptable. This interpretation of the Talmud's statements is advanced by Rabbenu Asher and is quoted as halachah by the Shulchan Aruch, Orach Chayim 630:5.If there is an opening larger than ten cubits, it is necessary that the closed portion exceed the open portion, even though [the opening] is constructed in the form of an entrance. (ibid.) states:If the open portion is constructed in the form of an entrance, even if it is more than ten cubits long it does not negate the wall, provided the open portion does not exceed the closed portion.However, the Shulchan Aruch (Orach Chayim 362:10, 630:5) follows the opinion of Tosafot and other authorities, who are willing to accept a wall as kosher even though it has a wide opening, provided it is constructed in the form of an entrance.The Sefer Hashlamah presents a third view, accepting an open portion more than ten cubits long in the form of an entrance as part of the wall of a sukkah, but not concerning the laws of the Sabbath.The Ramah concludes his discussion of this halachah by stating that since these laws are somewhat complicated, it has become customary to build whole walls without any open portions. If one has only a minimum amount of wood, it is preferable to build three complete walls, rather than to construct four walls leaving open spaces.
סֻכָּה שֶׁאֲוִירָהּ גָּבוֹהַּ מֵעֶשְׂרִים אַמָּה וּמִעֲטָהּ בְּכָרִים וּכְסָתוֹת אֵינוֹ מִעוּט וַאֲפִלּוּ בִּטְּלָם. מִעֲטָהּ בְּתֶבֶן וּבִטְּלוֹ הֲרֵי זֶה מִעוּט. וְאֵין צָרִיךְ לוֹמַר עָפָר וּבִטְּלוֹ. אֲבָל בֶּעָפָר סְתָם אֵינוֹ מִעוּט. הָיְתָה גְּבוֹהָה מֵעֶשְׂרִים אַמָּה וְהוּצִין יוֹרְדִין לְתוֹךְ עֶשְׂרִים אִם הָיְתָה צִלָּתָן מְרֻבָּה מֵחֲמָתָן יֵחָשְׁבוּ כְּגַג עָבֶה וּכְשֵׁרָה:
A sukkah whose inner space. exceeds twenty cubits [is not acceptable]. Should one reduce it [by placing] pillows and coverings [on the floor], it is not considered to be reduced. [This applies even if] one considered them a permanent interprets "permanent" literally. However, the Mishnah Berurah 633:11 explains that according to one opinion, the definition of "permanence" is for the duration of the Sukkot holiday. (See also Ramah, Shulchan Aruch, Orach Chayim 358:2.) part of the sukkah. 4a). If one reduced the space using straw and considered it as a permanent part of the sukkah, [the space] is considered to be reduced. 15:6, the Rambam writes: "In general, one will have in mind to remove straw."The Mishnah Berurah 633:13 emphasizes that one should not reduce the space of the sukkah on the first day of the festival because of the holiday prohibitions. (See also Rabbenu Manoach.)Needless to say, the above applies if one used earth and considered it to be a permanent part of the sukkah. However, if one [merely brought in] earth with no specific intention, [its space] is not considered to be reduced. (Orach Chayim 633:4) quotes these decisions as halachah and adds that one must verbally express the desire to make the earth or straw part of the sukkah. The Mishnah Berurah (ibid.) states that many later authorities considered an unspoken intention as sufficient.If it was twenty cubits high, but branches [from the s'chach descend within the twenty cubits, [the following principle applies:] If its shade would be greater than its open portion 1:1) for s'chach to be kosher. because of these branches alone, to be removed, the branches which hang down would create sufficient shade it is considered as having thick s'chach is considered to begin at the low branches and to have been piled high. and is kosher. (Orach Chayim 663:2) quotes this law as halachah.
בָּנָה אִצְטַבָּה בָּהּ כְּנֶגֶד דֹּפֶן הָאֶמְצָעִית עַל פְּנֵי כֻּלָּהּ אִם יֵשׁ בָּאִצְטַבָּה שִׁעוּר רֹחַב הַסֻּכָּה כְּשֵׁרָה. בָּנָה אִצְטַבָּה כְּנֶגֶד דֹּפֶן הָאֶמְצָעִית מִן הַצַּד אִם יֵשׁ מִשְּׂפַת אִצְטַבָּה וְלַכֹּתֶל אַרְבַּע אַמּוֹת פְּסוּלָה פָּחוֹת מֵאַרְבַּע אַמּוֹת כְּשֵׁרָה. בָּנָה אִצְטַבָּה בְּאֶמְצָעָהּ אִם יֵשׁ מִשְּׂפַת אִצְטַבָּה וְלַכֹּתֶל אַרְבַּע אַמּוֹת לְכָל רוּחַ פְּסוּלָה. פָּחוֹת מֵאַרְבַּע אַמּוֹת כְּשֵׁרָה. וּכְאִלּוּ הַמְּחִצּוֹת נוֹגְעוֹת בָּאִצְטַבָּה וַהֲרֵי מִן הָאִצְטַבָּה וְעַד הַסִּכּוּךְ פָּחוֹת מֵעֶשְׂרִים אַמָּה. בָּנָה בָּהּ עַמּוּד וְיֵשׁ בּוֹ הֶכְשֵׁר סֻכָּה פְּסוּלָה. שֶׁאֵין אֵלּוּ מְחִצּוֹת הַנִּכָּרוֹת וְנִמְצָא עַל גַּב הָעַמּוּד סְכָךְ כָּשֵׁר בְּלֹא דְּפָנוֹת:
When [a sukkah is more than twenty cubits high, but] one builds a bench next to the middle wall extending across its entire span - if the width of the bench is equal to the minimum width of a sukkah, it is kosher. 4a) maintains that not only the area above the bench, but the entire sukkah is kosher, as evident from the last clause of Halachah 3. Though Rabbenu Nissim and other authorities maintain that only the area above the bench may be used as a sukkah, the Shulchan Aruch (Orach Chayim 633:5) accepts Rashi's view.Should one build the bench next to the middle wall along [one] side, if there are four cubits between the bench and the [opposite] wall, it is unacceptable. If there are fewer than four cubits, it is kosher. (Orach Chayim 633:6) follows the view that only the area above the bench is acceptable for use as a sukkah. See Diagram B.Should one build the bench in the middle [of the sukkah], if there are more than four cubits from the edge of the bench to any of the sides [of the sukkah], it is not acceptable. If there are fewer than four cubits, it is kosher. It is considered as if the walls touch the bench, literally, a crooked wall) mentioned in Chapter 5, Halachah 14.There and in his commentary on the Mishnah (Sukkah 1:10), the Rambam explains that the principle of Dofen Akumah allows us to consider materials on the roof of the sukkah which are unacceptable as s'chach to be extensions of the wall, thus creating an L-shaped - i.e., "crooked" - wall.Here, the Rambam explains that the opposite is also true. As long as there are no more than four cubits between the bench and the wall, the ground of the sukkah can also be considered to be an extension of its wall. (See Kessef Mishneh.) and the distance from the bench to the s'chach is less than twenty cubits..If one constructs a pillar). [within a sukkah whose s'chach is more than twenty cubits high, the following rule applies]: Even though it is of the minimum size required of a sukkah, it is unacceptable, 4b explains that Abbaye desires to consider such a sukkah to be kosher, based on the principle of גוד אסיק מחיצתא mentioned in Halachah 11 - i.e., the walls of the pillar would be considered as extending upward until the s'chach. Ravva answered him that, in this instance, that principle cannot be applied...for - in contrast to those of a houseits - the pillar'swalls are not discernible. - See the Chiddushim of Rav Chayim Soloveichik, Halachah 11.Thus, it is as if there is kosher s'chach above the pillar without any walls. because its walls are not discernible. Thus, it is as if there is kosher s'chach above the pillar without any walls.
הָיְתָה פְּחוּתָה מֵעֲשָׂרָה וְחָקַק בָּהּ לְהַשְׁלִימָהּ לַעֲשָׂרָה. אִם יֵשׁ מִשְּׂפַת חֲקָק וְלַכֹּתֶל שְׁלֹשָׁה טְפָחִים פְּסוּלָה. פָּחוֹת מִכֵּן כְּשֵׁרָה. שֶׁכָּל פָּחוֹת מִשְּׁלֹשָׁה הֲרֵי הוּא כְּדָבוּק כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת שַׁבָּת:
[The following rule applies] when [the inner space of the sukkah] was less than ten [handbreadths high] and one dug [into the ground of the sukkah] to create 633:10) with... an [inner space] of ten [handbreadths]:. If there are three handbreadths from the edge of the pit until the wall [of the sukkah], it is not acceptable. 4a differentiates between the two cases. In the situation described in the previous halachah, the wall was of the proper size; the only question was its proximity to the sukkah. In this instance, there is no halachically acceptable wall to begin with. If there is less than that [amount], it is kosher, 633:29 quotes authorities who maintain that only the area within the pit is kosher, and one does not fulfill the mitzvah of eating or sleeping in the sukkah by performing these activities in the portion covered by the s'chach outside the pit. because any [distance] less than three [handbreadths] is considered to be [insignificant, and the two entities are considered to be] adjacent [to each other], as explained in Hilchot Shabbat. mentioned above.
דָּפְנֵי סֻכָּה כְּשֵׁרִין מִן הַכּל שֶׁאֵין אָנוּ צְרִיכִין אֶלָּא מְחִצָּה מִכָּל מָקוֹם וַאֲפִלּוּ מִבַּעֲלֵי חַיִּים. וְעוֹשֶׂה אָדָם אֶת חֲבֵרוֹ דֹּפֶן בְּיוֹם טוֹב כְּדֵי שֶׁיֹּאכַל וְיִשְׁתֶּה וְיִישַׁן בְּסֻכָּה כְּשֵׁרָה שֶׁחֲבֵרוֹ דֹּפֶן לָהּ. וְהוּא שֶׁיַּעֲשֶׂה אוֹתוֹ שֶׁלֹּא לְדַעַת זֶה שֶׁנַּעֲשָׂה דֹּפֶן. אֲבָל אִם עֲשָׂהוּ לְדַעַת אָסוּר בְּיוֹם טוֹב וּמֻתָּר בִּשְׁאָר יְמֵי הֶחָג. וְכֵן עוֹשֶׂה בְּכֵלִים דֹּפֶן רְבִיעִית בְּיוֹם טוֹב. אֲבָל דֹּפֶן שְׁלִישִׁית לֹא יַעֲשֶׂה אוֹתָהּ בְּכֵלִים בְּיוֹם טוֹב לְפִי שֶׁהוּא מַכְשִׁיר הַסֻּכָּה וְאֵין עוֹשִׂין אֹהֶל עֲרַאי בְּיוֹם טוֹב:
The walls of the sukkah are kosher [although made] from all [substances]. 12b) mentions many substances which are not acceptable as s'chach (as mentioned in the following chapter), and concludes "all are fit to be used as walls." All that is necessary is a barrier of any kind. 630:1) explains that one should take care not to use substances that have an unpleasant odor or substances that will shrivel during the holiday, and thus cause the walls to be less than the required measure. Even living beings [may serve that purpose. (Orach Chayim 630:11) states that an animal used for this purpose must be tied so that it will not run away. Thus,] a person can create a wall [of the sukkah] by using a colleague so that he can eat, drink, and sleep in the sukkah, for which his colleague is serving as a wall raises the question whether the person serving as the wall can also fulfill the mitzvah of eating in such a sukkah. He quotes a number of passages from which one might infer that he may. [even] on the holiday.The above applies when one employs the person as a wall without his conscious knowledge. However, it is forbidden to create [a wall by using a person] explain that this refers only to the third wall of the sukkah. If a sukkah has three kosher walls, a person may employ a colleague to serve as the fourth wall on the holiday, even though the latter is conscious of what he is doing. The Ramah (Orach Chayim 630:12) states this as halachah. when the latter is conscious of the fact on the holiday. 16:23 states:It is permitted to create a barrier of men, one standing next to the other, on the Sabbath, as long as the people who are standing are not conscious of the fact that they are serving as a barrier.Although it is forbidden to create an enclosure on the Sabbath, since the person serving as the barrier is unaware of what he is doing, no transgression is involved. It is his intention, and not that of the person using the sukkah, which is significant (Ra'avad). In contrast, when the person serving as the wall is conscious of his acts, it is considered as if he has created a structure of substance (Magen Avraham 630:19).The Magen Avraham (ibid.) also states that leniency is granted only when humans serve as the walls. It is absolutely forbidden to create a wall using an animal on the holiday. Nevertheless, it is permitted during the other days of the festival.Similarly, a person may create a fourth wall from utensils on the holiday. However, he should not create a third wall using utensils on the holiday, because, [by doing so], he is making the sukkah fit for use, and it is forbidden to create [even] a temporary tent on the holiday.