HaRav Yishai Natan –

Who Can Build the Sukkah?

May a non-Jewish worker build your sukkah. For example, someone in construction may already have workers whom he is paying and would like them to build his sukkah.

The Gemara says that a sukkah built by non-Jews or women is kasher, as long as it was built for the purpose of providing shade. The Shulhan Aruch rules as such.

However, the Taz writes that one should be mehadesh davar in the walls or sechach, meaning that a Jew should make some new action with the walls or sechach. For example, he can lift some of the sechach and put it back down. Yalkut Yosef also brings down that one should be mehadesh davar if possible.

Put Up the Walls Before the Sechach

When building a sukkah, the walls should be put up before the sechach. If the sechach is placed first and the walls are added afterward, there can be a problem of ta’aseh velo min ha’asui.

This is especially important when using cloth or tarp walls. First put up the walls, and only afterward place the sechach on top.

How Many Walls?

Regarding the number of walls, the basic halachah is that a sukkah does not require four complete walls. The Gemara and Shulhan Aruch discuss two complete walls and part of a third wall. However, the exact requirements for that third wall are complicated, and it is not as simple as adding a small piece of wall.

Therefore, practically, one should try to have at least three proper walls. There is also a hidur mitzvah to have four walls.

Building a Sukkah on Property That Is Not Yours

What happens if someone builds a sukkah on property in a reshut harabim without permission?

Normally, you may not use someone else’s property without permission. However, the Gemara teaches that karka einah nigzelet—land cannot actually be stolen in the same way that a movable object can be stolen. Therefore, although one should not build a sukkah on someone else’s property without permission, if he did so, the sukkah is still valid bediavad. It is questionable if he may recite a beracha.

The Mishnah Berurah says that one should not make a sukkah in reshut harabim. Yalkut Yosef, however, brings opinions that are lenient when it can reasonably be assumed that the authorities do not mind. For example, there may be room to be lenient when a sukkah is placed immediately outside an apartment building in an area where it does not disturb anyone. Obviously, this would not apply to putting a sukkah in the middle of a public street.

Using Someone Else’s Sukkah

There is a general concept that a person is happy when someone uses his belongings to perform a mitzvah. However, using someone else’s sukkah may be different. Even if you are not damaging anything, your presence in the sukkah may prevent the owner from comfortably using his own sukkah. Therefore, you should not simply use a neighbor’s sukkah without permission.

If you know that the owner is away and will not need the sukkah, there is much more room to permit it. The sukkah of the Bet Kenesset is also different, since it is generally intended for people to use and you won’t make anyone feel uncomfortable by using it.

Noi Sukkah — Sukkah Decorations

Decorations placed in the sukkah for the mitzvah are called noi sukkah. There is an important difference between Shabbat or Yom Tov and Hol HaMoed.

If a decoration falls on Shabbat or Yom Tov, it can be muktzeh and should not be moved. On Hol HaMoed, however, there is no regular prohibition of muktzeh, so it may be moved.

Nevertheless, the decoration was set aside for the mitzvah and is considered huktzah lemitzvatah. Therefore, you may not use it for another purpose during the hag. For example, if fruit was hung as a sukkah decoration and fell down on Hol HaMoed, you may move the fruit, but you may not eat it.

The Gemara and Shulhan Aruch teach that a person can make a tenai before Yom Tov, stating that he does not set the decorations aside completely and wants the right to use them whenever he chooses. Such a tenai can avoid these problems.

Once the hag is completely over, the decorations may be used normally. The Gemara similarly discusses eating an etrog after the time of its mitzvah has ended.

Eating on Erev Sukkot

One should avoid eating a full meal late in the afternoon (10^th halachic hour) on Erev Sukkot. The purpose is to enter the hag hungry enough to properly enjoy the mitzvah of eating in the sukkah.

We learn this concept from Pesah. Just as we want a person to eat the matzah with an appetite, we want him to eat the first night’s bread in the sukkah with an appetite.

On the first night of Sukkot, there is a mitzvah de’oraita to eat a kezayit of bread in the sukkah. It should preferably be eaten within the proper amount of time, ideally within about four minutes for a de’oraita obligation.

Unlike matzah on Pesah, the bread may be eaten together with dips or other foods.

Forgetting Ya’aleh VeYavo

The first night of Sukkot is unique because there is an obligation to eat bread. Therefore, if a person forgot Ya’aleh VeYavo in Birkat HaMazon on the first night, he must repeat Birkat HaMazon.

The other days of Sukkot are different because eating bread is not obligatory in the same way. Therefore, forgetting Ya’aleh VeYavo on those days does not have the same rule.

What If It Rains the First Night?

If it rains on the first night of Sukkot, the Mishnah Berurah and other poskim discuss waiting for the rain to stop because of the special mitzvah to eat in the sukkah that night.

According to the Sephardic poskim, one should wait a reasonable amount of time. If the rain continues, he may make Kiddush and begin the meal inside. If the rain later stops, he can move into the sukkah, make Leshev BaSukkah, and eat the required kezayit of bread there.

How Should We Treat the Sukkah?

A person should try to spend as much time as possible in the sukkah. Eating, drinking, learning, and sleeping should be done there whenever appropriate.

The sukkah is a makom kadosh. Sitting in the sukkah represents being surrounded by the Ananei HaKavod, and the Shechinah is present. Therefore, a person should be especially careful to avoid lashon hara, letzanut, and devarim betelim in the sukkah. The atmosphere should be appropriate for a place of kedushah.

On What Foods Do Sephardim Say Leshev BaSukkah?

When eating bread in the sukkah, one makes the berachah of Leshev BaSukkah.

Regarding mezonot, there is a difference between Ashkenazim and Sephardim. The Ashkenazi custom is generally to make Leshev BaSukkah when eating mezonot, even though there is a major mahloket. Because of safek berachot lehakel, Sephardim generally do not make Leshev BaSukkah on ordinary mezonot.

However, if the mezonot is actually being eaten as a meal—for example, a bowl of noodles is your lunch—one should make Leshev BaSukkah. This is different from casually eating a piece of cake.

Even when a Sephardi does not make Leshev BaSukkah on mezonot, the mezonot must still be eaten inside the sukkah. With foods whose berachah is Shehakol, one is not obligated to eat them in the sukkah, although it is praiseworthy to do so.

Drinking During a Bread Meal

If you are in the middle of a bread meal in the sukkah, you should not walk into the house to have a drink.

Or LeTzion, Hacham Ovadia, and Kaf HaHayim maintain that since the drink is part of your meal, it should also be consumed in the sukkah.

Order of Leshev BaSukkah and HaMotzi

When eating bread, there is a question about the proper order of the berachot. Technically, one can make HaMotzi, then Leshev BaSukkah, and then eat. The Leshev BaSukkah is not necessarily considered a hefsek.

However, Hacham Yitzchak writes in Yalkut Yosef that it is preferable to avoid the question altogether. One should stand, make Leshev BaSukkah, sit down, make HaMotzi, and then eat.

Women and the Mitzvah of Sukkah

According to Sephardic halachah, women do not make the berachah of Leshev BaSukkah. Similarly, they do not make a berachah when taking the lulav.

This does not mean that there is no mitzvah for them to do these things. A woman who sits in the sukkah or takes the lulav receives a mitzvah. However, since she is not obligated in these time-bound mitzvot, according to Sephardic practice she does not make the berachah.

Ashkenazi women follow a different custom and do make the berachah.

Children in the Sukkah

Boys who have reached the age of hinuch, generally around five or six depending on the child, should be trained to perform the mitzvah of sukkah.

This is part of the obligation of hinuch—teaching children to perform mitzvot properly. They therefore make the appropriate berachah as well.

The Arba Minim

Tying the Lulav

There is a mahloket in the Gemara whether the lulav, hadasim, and aravot must actually be tied together. Lehalachah, we hold that tying them is not absolutely necessary.

Nevertheless, tying them is a hidur mitzvah based on zeh Keli ve’anvehu, beautifying the mitzvah. Therefore, the proper practice is to tie them together.

How Many Hadasim and Aravot?

The standard requirement is three hadasim and two aravot.

Additional hadasim may be added. Some people, particularly in Eretz Yisrael, have a custom to use many hadasim. However, one should not add additional aravot. There should be two aravot.

Taking Aravot From Someone Else’s Tree

If an aravah tree grows on someone’s private property but its branches extend over a public sidewalk, you may not simply cut off a branch for your lulav.

The fact that the branch extends into a reshut harabim does not mean that it no longer belongs to the owner. Taking it without permission would be genevah, and using a stolen item creates a serious problem with fulfilling the mitzvah.

If the branch is actually causing damage or creating a hazard, the situation may be different. Otherwise, pay for the aravot or ask permission.

Arranging the Lulav

When holding the lulav, the shidrah—the spine running along the back of the lulav—should face you.

One common arrangement is to place the three hadasim on the right and the two aravot on the left.

Many Sephardim follow a different arrangement based on a hatzi igul, or half-circle. One hadas is placed on the right, one on the left, and one in the middle, with the aravot placed between them.

Either arrangement can be followed according to one’s minhag.

The Height of the Lulav

The shidrah of the lulav must extend at least one tefah above the hadasim. A tefah is approximately eight to ten centimeters, depending on the different opinions.

The hadasim should also be somewhat higher than the aravot.

The hadasim should not extend below the bottom of the lulav. Since the lulav is the central part of the bundle, it should extend beyond them on the bottom as well.

How Should the Lulav Be Tied?

Although lehalachah the arba minim do not absolutely require an eged, tying them together is a hidur.

Many people use holders with loops. The Hatam Sofer, however, holds that the lulav should actually be tied rather than relying only on loops.

There are different customs regarding the number of ties. The Rama mentions one tie for the main egud attaching the hadasim v’aravot, and two additional ties on the lulav. Other customs use three ties to bind the lulav, hadasim, and aravot together, plus another two ties around the lulav, for a total of five.

The bundle should be prepared before Yom Tov, since making a proper knot on Yom Tov is prohibited.

When Sukkot falls on Shabbat, we do not take the lulav on Shabbat, and the lulav is muktzeh.

A Left-Handed Person

For a right-handed person, the lulav is held in the right hand and the etrog in the left.

The Shulhan Aruch rules that even a left-handed person should follow the normal right-handed arrangement. Therefore, according to Sephardic practice, a left-handed person holds the lulav in his right hand and the etrog in his left.

The Rama disagrees and rules that a left-handed person should reverse the arrangement, holding the lulav in his left hand and the etrog in his right.

According to the Sephardic custom, after the left-handed person makes the berachah and performs the na’anuim in the regular arrangement, he can switch the lulav to his stronger left hand in order to satisfy the other opinion as well.

The Na’anuim

There are different minhagim regarding the directions of the na’anuim.

One simple custom is to begin facing mizrah, toward the Aron HaKodesh. Move the lulav three times in that direction with the tip of the Lulav still facing upwards. Then turn to the right and repeat three times in each direction, continuing to turn toward the right. After completing the four horizontal directions, move the lulav upward three times and downward three times.

When to Make the Berachah on the Lulav

For a right-handed person, hold the lulav in your right hand with the shidrah facing you. Do not pick up the etrog yet.

Make the berachah while holding only the lulav. After completing the berachah, pick up the etrog and join it together with the lulav.

The Ashkenazi custom is often to pick up the etrog upside down before making the berachah. Since the etrog is not being held in its proper position, the mitzvah has not yet been fulfilled, allowing him to make a beracha. After the berachah, it is turned right-side up to fulfill the mitzva.

The common Sephardic practice is to leave the etrog in its box while making the berachah. It is best not to pick up the etrog beforehand while already holding the lulav, because there is a concern that you may have already fulfilled the mitzvah before making the berachah.

After the berachah, pick up the etrog, bring all four minim together, and perform the na’anuim.