640 - תרמ מי הם הפטורים מישיבת סוכה ובו כ"ב סעיפים

Who Is Exempt from Dwelling in the Sukkah

1. Women and slaves are exempt from the sukkah, because it is a positive commandment that is time-bound. However, one who is half-slave and half-free is obligated in the sukkah due to his free side.

2. A tumtum and an androgynous are obligated in the sukkah out of doubt, since perhaps he is male. However, they are not required to recite the blessing "to dwell in the sukkah," because whenever there is doubt regarding blessings, we are lenient. But if they wish to recite the blessing, they are permitted to do so, as explained in Siman 17. Even definite females—if they wish to sit in the sukkah and recite the blessing—they are permitted to do so.

However, one who has already recited "to dwell in the sukkah" should not repeat the blessing in order to fulfill the obligation for women, since women are not obligated in this blessing—this would be a blessing in vain, as explained in Siman 589.

3. Although minors are exempt from the sukkah by Torah law until they are thirteen years old, nevertheless, by rabbinic decree, any minor who does not need his mother—that is, a child who is fully six years old—is obligated in the sukkah, in order to educate him in the mitzvos.

If the child is wise and sharp, so that he does not need his mother even at the age of five years, he is obligated in the sukkah, in order to educate him in the mitzvos.

But as long as he still needs his mother, just as his mother is exempt, so too is he exempt, even by rabbinic law, since he needs her.

4. Although a minor who does not need his mother is obligated in the sukkah, nevertheless, if he eats or sleeps outside the sukkah, others are not required to protest or rebuke him, as stated in Siman 343.

However, his father is required to rebuke him, protest, and bring him into the sukkah, in order to educate him in the mitzvos.

But his mother is not obligated to educate him in the mitzvos, and she is like any other person regarding him.

It is permitted for her to give him food outside the sukkah, even though she knows that he will certainly not go into the sukkah to eat, but will eat where she placed the food for him. This is of no consequence, since she is not telling him to eat outside the sukkah.

5. The Torah only obligates one to dwell in the sukkah in the manner that a person dwells in his house all year.

Therefore, one who is distressed by dwelling in the sukkah, and if he leaves it he will be relieved of the distress, is exempt from the sukkah, for all year a person does not dwell in a place where he is distressed.

When does this apply? On the other meals of the festival. But on the first night, even one who is distressed is obligated to eat an olive's bulk in the sukkah, as explained in Siman 639.

6. Who is considered distressed?

This is one who cannot eat or sleep in the sukkah because of wind that distresses him, or because of flies or fleas, or similar things, or because of a bad odor in the sukkah, and when he leaves it he is relieved of all these.

When does this apply? When the distress arose after he made the sukkah. But if he made the sukkah in a place where it was known to him that he would later be distressed there—for example, he made it in a place where wind is common and prevails, or even if he made it in a place where he would not be distressed when eating, but would be distressed when sleeping, such as if he made it in a public area where it is impossible for him to sleep there peacefully due to fear of thieves and robbers—such a sukkah is invalid, and one does not fulfill his obligation in it, even for eating, even though he has no distress at all when eating there.

This is because any sukkah in which one cannot eat, drink, stroll, and sleep peacefully, without any distress, is not called a dwelling at all, since it is not like his house, where he can do all his needs peacefully.

However, if one made a sukkah in a public area and is not afraid for his own safety to sleep there at night, even if he is afraid that his utensils in the sukkah might be stolen, the sukkah is valid, since it is fit for him to dwell in, as he is not afraid to sleep there. And his utensils, he can bring them into the house at night.

Nevertheless, ideally, one should not make a sukkah in a public area, as explained in Siman 637.

7. If one made a small sukkah in which he is distressed when sleeping, because he cannot stretch out his arms and legs, the sukkah is valid, and he is obligated to sleep in it and to bend his arms and legs, since this is not considered distress, for it is common for a person to sometimes sleep with his body and limbs bent.

One who is distressed is exempt from the sukkah only for himself, but his attendants are obligated in the sukkah; that is, if they wish to eat or sleep, they must enter the sukkah.

But one who is ill, even if there is no danger, even if he only has a headache or eye pain, and dwelling in the sukkah is difficult for him, his attendants are also exempt from the sukkah, since they are engaged in a mitzvah, and anyone engaged in a mitzvah is exempt from another mitzvah.

Therefore, they are only exempt while they are attending to him, for then they are engaged in the mitzvah.

8. One who undergoes bloodletting is obligated in the sukkah, since he is not distressed at all; on the contrary, he is happy and increases in eating and drinking.

When does this apply? When he undergoes bloodletting only to maintain his health and does not feel any illness.

But if he feels ill (due to the bloodletting), and there is some chill, he is exempt from the sukkah.

Nevertheless, ideally, one should not undergo bloodletting during the festival if it is possible to do so before or after the festival, for a person should not bring himself to distress during the festival in a way that would exempt him from the sukkah.

For this reason, one should not take a laxative during the festival if it is possible to do so earlier or later. But if he did take it, he is exempt from the sukkah, since the chill is difficult for him.

9. If one's candles went out in the sukkah on the night of Shabbos during the festival, and he has a candle burning in his house, he is permitted to leave the sukkah and eat in his house, in the place of the candle, since it is distressing for a person to eat in the dark, without a candle.

Even if his friend has a candle in his sukkah, we do not tell the one whose candles went out, "Bring your meal to your friend's sukkah and eat there by the light of the candle," since it is also distressing for a person to eat in his friend's sukkah, for a person only enjoys his own.

Nevertheless, if it is possible for him to go to his friend's sukkah without great difficulty, one should not be lenient in this matter.

10. It is permitted to spread a garment or sheet at the side of the sukkah on Shabbos or Yom Tov to protect against the wind, so that it does not extinguish the candles.

There is no prohibition of making an ohel (tent-like structure) on Shabbos or Yom Tov in this case, for a partition does not constitute an ohel, as explained in siman 315.

However, it is forbidden to spread anything beneath the s'chach, even if it is in a manner that, if not done, one would be unable to eat at all in the sukkah because the wind would extinguish the candles on Friday night.

This is because the mitzvah of sukkah does not override any prohibition, even those of rabbinic origin, for the reason explained at the end of siman 626. See there.

But it is permitted to spread something on top of the s'chach, if (see siman 639:41) it is such that, if not done, one would be unable to eat in the sukkah.

This is because there is no ohel at all in this case, since there is not a tefach of height between the sheet and the s'chach beneath it.

However, if it is not clear that, if he does not spread a sheet there, he will be unable to eat in the sukkah, then even on a weekday it is forbidden to spread a sheet beneath the s'chach or on top of the s'chach, for the reason explained at the end of siman 629.

11. One who is distressed (mitzta'er) is exempt from the sukkah only if he is distressed by something that people are generally distressed by. But if he is distressed by something that people are not usually distressed by, his opinion is nullified in the face of all people.

Unless it is known that he is among those of delicate constitution (aninai hadaas), and he is distressed by something that all such people are distressed by.

But not everyone can claim to be among those of delicate constitution, unless it is known that he is such.

12. Even though one who sleeps in the sukkah in a canopy bed (kilah) that has a roof a tefach wide and is ten tefachim high does not fulfill his obligation, nevertheless, if there are mosquitoes in the sukkah that distress him, it is better that he sleep in such a canopy bed than sleep outside the sukkah.

This is because there are authorities who permit, even initially, sleeping in such a canopy bed, even where there are no mosquitoes, although the halachah does not follow their opinion in this matter.

13. However, a mourner is obligated in the sukkah, even on the first day.

And even though it is distressing for him to sit in the sukkah, for the mourner wishes to be alone, occupied with his grief and mourning, nevertheless, he is obligated to sit in the sukkah and to remove the mourning from his heart, so that he will not be distressed at all by sitting in the sukkah.

But if he cannot remove the mourning from his heart—for example, if the deceased was very dear to him, and he is distressed in the sukkah because he cannot be occupied with his mourning there as he could at home, sitting alone—he is exempt from the sukkah.

14. The meal of a bris milah, as well as the meal eaten at the home of a woman who has given birth (as was the custom in earlier times), must be held in the sukkah.

Even though the space is cramped for those sitting there, and it is impossible for them to rejoice properly, nevertheless, they must eat in the sukkah.

And those people for whom the space is too cramped should not eat at this meal at all.

Even though the meal of a bris milah is a seudas mitzvah, nevertheless, it is not such a great mitzvah as to override the mitzvah of sukkah, which is a positive commandment from the Torah.

15. One who is traveling during the days of Sukkos, if he eats and sleeps in the open field, in a place where there is no settlement at all, does not need to trouble himself to make a sukkah.

Even if he stays in one place in the field for the entire festival, and he has the means to make a sukkah there, nevertheless, he does not need to trouble himself for this.

But if there is a sukkah already prepared at his place of lodging, made for shade, he should sit in it. If not, he may eat, drink, and sleep in the open field.

This is because the sukkah is like the dwelling of his house throughout the year, and a person does not establish his dwelling in a place where there is no settlement at all.

16. But when he reaches a settled area, even if it is a non-Jewish settlement, and he wishes to eat or sleep there, he is obligated to make a sukkah for himself and enter it to eat and sleep.

When does this apply? When he has time to make a sukkah from the time he arrives at the settlement until the time for eating and sleeping for travelers like himself. That is, if he travels by day and sleeps at night in a settlement, and there is time to make a sukkah from when he arrives until the time for eating and sleeping for travelers who travel by day and sleep in settlements, and who hurry to eat and sleep at the beginning of the night so they can rise early to continue their journey.

But if he arrives at the settlement close to the time for eating or sleeping for travelers like himself, so that if he troubles himself to make a sukkah before the time for eating and sleeping for such travelers, it will delay his journey and he will not be able to leave early the next day, he does not need to trouble himself to make a sukkah, and he may eat and sleep in a house.

And certainly, if he does not wish to delay at all in the settlement, but only to eat and sleep and hurry on his way, he does not need to trouble himself to make a sukkah, since this would delay his journey.

And even if he is traveling for a non-mitzvah purpose, nevertheless, he is not obligated to dwell in the sukkah during the festival more than he dwells in his house throughout the year.

Just as he leaves his house during the year to travel, so too he may leave his sukkah and travel.

And just as during the year, when he is traveling, he sometimes does not eat inside a house so as not to delay his journey, so too he may eat and sleep outside the sukkah because of the delay to his journey.

17. Those who go to villages to collect debts and sleep there in the village, since by law they are obligated to make a sukkah there, as they stay and linger in each village for a long time, therefore, if they do not make a sukkah there, it is forbidden for them to eat and sleep there, and they must return to their homes each night to eat and sleep in the sukkah.

18. All this applies to one who travels for a non-mitzvah purpose. But one who travels for a mitzvah purpose, such as to greet his teacher or to redeem captives, and similar cases, and he arrives at a settlement before he has fulfilled his mitzvah, does not need to trouble himself to make a sukkah.

Even if there is a sukkah already built, if it is not prepared and available for him, he does not need to exert himself and go searching for it. He is permitted to eat and sleep in the house.

This is because as long as he is not at home and is occupied with the thought of the mitzvah and its arrangements, he is considered to be engaged in a mitzvah.

And anyone who is engaged in one mitzvah does not need to exert himself and seek out another mitzvah while he is still involved in this one.

Even though it is possible for him to fulfill both mitzvos without any delay or hindrance to the mitzvah he is currently engaged in,

nevertheless, the Torah exempts him from exerting himself and seeking out another mitzvah, as stated in siman 38.

However, if he does not need to exert himself and seek out a sukkah—for example, if there is a sukkah prepared and available for him—he is obligated to enter it to eat and sleep.

But if he cannot eat and sleep as comfortably in the sukkah as in the house, and as a result will be tired the next day due to lack of sleep and unable to properly engage in the mitzvah, he is exempt from sleeping in the sukkah.

19. City guards during the day—that is, those who walk around the city all day to guard it from attacking armies—are exempt from the sukkah all day. They are permitted to eat outside the sukkah.

Even if there is a sukkah prepared, they do not need to enter it to eat, if doing so would interfere with their guarding.

However, they are obligated in the sukkah at night, since then they are not guarding the city.

If they guard at night and not during the day, they are exempt at night and obligated during the day.

20. Guards of gardens and orchards who are stationed there both day and night are exempt from the sukkah both by day and by night.

Even though they are stationed in one place for all the days of the festival,

nevertheless, they are not required to make a sukkah in that place.

This is because if the guard were to make a sukkah in one place, the thief would know that the guard has a fixed location and would come and steal from another place.

Thus, because of the sukkah, his guarding would be ineffective. And the Torah only obligated making a sukkah in the manner that one dwells in his home.

And someone who leaves his home in order to guard his property from loss is not required to dwell in a sukkah if doing so would cause him a loss of property.

However, if he is guarding a stack of grain, and he can guard the entire stack from his fixed location, he is required to make a sukkah at his station, since no loss will result from this.

Even if this sukkah is far from the city, so that it is impossible for him to bring all the household utensils he uses at home,

nevertheless, since this inconvenience is not due to the sukkah—for even if he did not make a sukkah there, he would not use his household utensils there—he is not exempt from the sukkah because of this.

21. Similarly, those who sit in their shops all day—even if they live outside the city, far from their shops within the city—are nevertheless required to make a sukkah near their shops to eat there. They are not permitted to eat inside the shop.

If it is impossible for them to make a sukkah near the shop, they must return home to eat in the sukkah.

22. Jews who are hired by a non-Jew during the festival of Sukkos to make wine in his vineyard are exempt from the sukkah, both by day and by night,

because they must constantly guard the wine from being touched by the non-Jew.

However, if it is a situation where constant guarding is not required—for example, the wine has already been properly processed and is stored in the non-Jew’s courtyard, and the Jew does not need to sit and guard it constantly, but it is sufficient for the Jew to live in the courtyard where the wine is kept, as stated in Yoreh De’ah siman 131—

then he is required to make a sukkah in that courtyard and dwell in it for all the days of the festival.