For the source text click/tap here: Sukkah 9
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Our Daf begins with another Mishna: a sukka built under a tree is like a sukka built in a house: unfit. A sukka built on top of another sukka might be unfit; however, Rabbi Yehuda says that the lower sukka is fit as long as there are no residents in the upper sukka.
Our Daf states furthermore, that the verse which declares that a sukkah must be “yours” comes to teach that the mitzvah cannot be fulfilled if one uses a stolen sukkah
A stolen Sukkah applies not only to thievery but also using the halacha as a weapon….stealing the civic rights of a family to build a succah despite the halachic objections of neighbors above.
We present the landmark 2015 Israeli Supreme Court Case which tests the limits of secular vs halachic power in case involving a succah built above another.