638 - תרלח סוכה ונויה אסורין כל שבעה ובו כ"א סעיפים

The Sukkah and Its Decorations Are Forbidden for Use All Seven Days

1. Just as the name of Heaven rests upon sacred offerings, and therefore they are forbidden for benefit, so too, the name of Heaven rests upon the sukkah. As it is written, "The festival of Sukkos, seven days, for Hashem." Just as the festival, meaning the festival offering (which is a sacred offering), is for Hashem, so too, the sukkah is for Hashem. The term "sukkah" refers only to the s'chach (the roofing). Therefore, it is forbidden to derive benefit from the wood of the s'chach for all seven days of the festival, by Torah law—whether from the s'chach required for the validity of the sukkah, that is, seven handbreadths by seven handbreadths, or from any additional s'chach beyond what is required. Even if the sukkah collapses and its mitzvah is nullified, nevertheless, it remains forbidden to derive benefit from the wood of the s'chach for all seven days of the festival, by Torah law.

2. By rabbinic decree, it is forbidden to derive benefit even from the wood of the walls for all seven days of the festival, even if the sukkah collapses. Even though the walls are not the main part of the sukkah, nevertheless, since they were designated for the mitzvah of sukkah, the sanctity of the sukkah rests upon them, and they are forbidden for benefit just like the s'chach. This applies even to walls that are not required for the validity of the sukkah, such as when one made four complete walls. If he made all four without specifying which wall is for the validity of the sukkah and which is merely for the preferred mitzvah, then all the walls are designated for the mitzvah of sukkah, and the sanctity of the sukkah rests upon them. However, if after making the required number of walls for the validity of the sukkah, he added another wall, and it is clear from his intent that this wall is only for the preferred mitzvah, then this wall is not forbidden at all, and the sanctity of the sukkah never rested upon it.

Note: See Siman 667, where it is explained that the wood of the s'chach, the wood of the walls, and the decorations of the sukkah are also forbidden on Shemini Atzeres in Eretz Yisroel, and outside of Eretz Yisroel, even on the ninth day. See there for the reason.

3. If, after placing all the s'chach required for his sukkah, he added more reeds to increase the thickness of the s'chach, these additional reeds are considered secondary to the s'chach, and the sanctity of the sukkah rests upon them. But if he placed bundles of tied reeds on the s'chach and did not untie them, it is evident that he does not intend to use them for s'chach, for it is customary that anyone who uses reeds for s'chach unties the bundles. Since he did not untie them, it is clear that he does not intend to add them to the thickness of the s'chach. Therefore, they are not considered secondary to the s'chach, and the sanctity of the sukkah does not rest upon them.

4. However, if he added reeds to increase the thickness of the walls, that is, he stood reeds next to the wall, close to the wall—whether the reeds are tied together like a bundle or are separated from each other—if his intent in placing the reeds by the wall was to strengthen the wall or to increase its thickness, they are considered secondary to the wall, even though they are not attached to the wall, and the sanctity of the sukkah rests upon them just as it does upon the wall itself.

5. Even the wood of the s'chach and the walls themselves are only forbidden for benefit in the sense that one may not take anything from them, even a splinter to pick his teeth. For when he separates the splinter from the sukkah, he removes from it the sanctity of the sukkah. But it is permitted to benefit from them in other ways, to use them for any purpose, as long as he does not remove their sanctity. For example, to place his belongings on them, or to smell them if they are aromatic wood, and the like.

6. The decorations of the sukkah, that is, types of fruit and delicacies that are hung in the sukkah to beautify it, whether they are under the s'chach or around the walls, are forbidden for benefit all the days of the festival, even if they fall from the sukkah. This is because it is a degradation of the mitzvah to benefit from its decorations. And since they are forbidden to be eaten, they are also forbidden to be moved on Shabbos and Yom Tov, for they are not fit for any use all the days of the festival. Even for the sake of thieves or rain, it is forbidden to move them.

7. If he made a condition regarding them before Yom Tov, that is, before twilight, and said, "I do not refrain from benefiting from them at any time during the twilight period of all eight days," then at the time when the sanctity was supposed to rest upon them—that is, at twilight, which is the beginning of the day—the sanctity does not rest upon them at all, since he stipulated that his authority and right over them remain. Therefore, they were never designated for the mitzvah, and it is permitted to benefit from them at any time during the festival as he wishes. Even though they are hanging in the sukkah, this is not considered a degradation of the mitzvah, since they were never designated for the mitzvah at all.

8. But if he does not make the condition in the manner explained above, and only says, "I stipulate that I may benefit from them if they fall from the sukkah," such a condition is of no effect. For he only stipulated regarding the time when they are no longer hanging in the sukkah. Therefore, at twilight, when they were hanging in the sukkah, the sanctity of the sukkah rested upon them. Once the sanctity has rested, it cannot be removed by a prior condition, for a condition is only effective to prevent the sanctity from resting, but once it has rested, it cannot be removed. Therefore, even if they fall from the sukkah, it is forbidden to benefit from them.

9. Similarly, if he said, "I do not refrain from them during the twilight period of the first day only," and did not make a condition regarding the twilight of the other days, it is forbidden to benefit from them from the second day onward. For each day is considered a separate sanctity, and the sanctity rests upon them at the beginning of each day for which he did not make a condition. But if he made a condition that he does not refrain from them during the twilight period from the second day onward, and did not make a condition regarding the twilight of the first day, it is forbidden to benefit from them even from the second day onward. For since the sanctity rested upon them during the first twilight, it cannot be removed for the rest of the festival, for in this regard, all the days are considered as one long day to be stringent, but not to be lenient. But if he made a general condition, saying, "I do not refrain from them during every twilight period."

That is, when he did not specify explicitly for the first day, nor for the other days.

If his intention was for bein hashmashos (twilight) of all the days of the festival,

then it is permitted for him to make use of them whenever he wishes, whether on the first day or on the other days.

10. Similarly, if he did not mention bein hashmashos at all,

but rather said, "I do not separate myself from making use of them at any time I wish," then he may make use of them whenever he wishes.

Since he stipulated to make use of them at any time he wishes, bein hashmashos is also included in the stipulation.

It turns out that the sanctity never took effect upon them at all.

11. The common custom is that any important item is hung in the sukkah as a decoration, such as decorated sheets and the like.

And they are removed from the sukkah whenever one wishes, for example, because of rain or because of thieves, even if no stipulation was made regarding them before Yom Tov.

Some have given a reason for this custom:

Since it is the common practice to remove them from the sukkah due to concern for thieves or because of rain, therefore, anyone who hangs important items in the sukkah as decorations certainly does so with this practice in mind—that is, to remove them when necessary.

It is as if he explicitly made a stipulation that is effective to allow their removal when needed, meaning that he does not separate himself from them at any time during bein hashmashos of all the days of the festival.

Therefore, it is permitted to remove them whenever one wishes, even when it is not raining, and even if there is no concern of thieves.

For the sanctity of the sukkah never took effect upon them at all.

Nevertheless, it is proper, as an initial practice, to make a stipulation regarding them before Yom Tov.

12. All this applies to the decorations of the sukkah.

But regarding the wood of the s'chach itself, no stipulation is effective to permit making use of them, even if the sukkah collapses during the eight days of the festival, for their prohibition is from the Torah, as explained above.

Even the wood of the walls, whose prohibition is only rabbinic, since they were set aside for the mitzvah of sukkah, the sanctity of the sukkah takes effect upon them.

Nevertheless, no stipulation is effective to permit making use of them, even if the sukkah collapses during the festival.

For any stipulation that does not specify that he does not separate himself from them at any time during bein hashmashos is not a valid stipulation, as explained.

And regarding the wood of the walls, he is necessarily separated from them during bein hashmashos of the first day, which is Yom Tov.

It is impossible for him to take anything from the wood of the walls themselves, because of the prohibition of dismantling a tent on Yom Tov.

Therefore, the sanctity necessarily takes effect upon them from the first day, and it is not removed for the entire festival, even if the sukkah collapses during the festival.

13. However, if after completing the construction of the wall, he added to its thickness upright reeds next to the wall to strengthen it, and they are not attached to the wall, in such a way that it is permitted to take these reeds from the wall on Yom Tov, and there is no prohibition of dismantling a tent, since they are not attached to the wall, as explained in siman 518,

and he made a valid stipulation regarding these reeds to permit making use of them whenever he wishes, as explained above,

then he may make use of them whenever he wishes,

for during the first bein hashmashos he could have made use of them, so the sanctity of the sukkah never took effect upon them at all.

14. If he made a sukkah during Chol Hamoed and made a valid stipulation regarding the wood of the walls to permit making use of them whenever he wishes,

then he may make use of them whenever he wishes, even while the sukkah is standing and he is sitting in it for the sake of the mitzvah.

There is no issue of disrespecting the mitzvah,

since the walls were never set aside for the mitzvah at all, for he stipulated from the outset that he may make use of them,

so the sanctity of the sukkah never took effect upon them at all.

15. All these prohibitions explained in this siman apply even to a sukkah that was not made for the sake of the mitzvah, and even if nothing new was added to it,

as long as he sat in it once for the sake of the mitzvah of sukkah.

But before he sat in it for the sake of the mitzvah of sukkah, it has no sanctity at all, even if it was made for the sake of the mitzvah of sukkah.

It is permitted to make use even of the wood of the s'chach, and certainly of the wood of the walls and the decorations of the sukkah,

for any mitzvah that has not yet been used for the sake of the mitzvah has no sanctity at all, as explained in siman 42.

16. Even one who has a sukkah built from year to year, even though he sat in it the previous year,

nevertheless, it is not forbidden until he sits in it during the festival of the current year.

For since the festival of the previous year has passed, the sanctity of the sukkah is nullified, and the sanctity does not take effect again until he sits in it once for the sake of the mitzvah.

17. One who wishes to remove the decorations of the sukkah on Yom Tov because of rain or thieves should be careful not to tie the decorations to the sukkah with a permanent knot,

for it is forbidden to untie them on Yom Tov. Rather, he should fasten them with a bow.

18. Even one who does not intend to remove the decorations from the sukkah all the days of the festival, nevertheless, if he knows that children will eat from the decorations during the festival, he should stipulate regarding them before Yom Tov.

19. The wood of the s'chach, after the days of the festival have passed, although there is no need to store them away, and it is permitted to make use of them and to use them for any purpose,

nevertheless, it is proper to be careful not to use them for a degrading purpose,

for that is not respectful to the mitzvah that has passed.

And certainly, one should not step on them, so as not to treat them disrespectfully.

20. Those who engrave the verse "BaSukkos Teishvu" etc. on a gourd and hang it in the sukkah as a decoration should be stopped,

for it is forbidden to write verses from the Torah unless it is a complete book, as explained in Yoreh Deah siman 283.

And engraving is considered like writing for this purpose.

21. One should not hang shaatnez around the walls of the sukkah as a decoration, unless it is above the head level of a person, for the reason explained in Yoreh Deah siman 301.