Sukkah 28: Women in the Succah (?)

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Our Daf deals with the traditional exemption of women from the obligation of sukkah.

בַּסֻּכֹּת תֵּשְׁבוּ, שִׁבְעַת יָמִים; כָּל-הָאֶזְרָח, בְּיִשְׂרָאֵל, יֵשְׁבוּ, בַּסֻּכֹּת.

The exclusion of women is derived from the letter “heh” , the word “the,” that precedes the word הָאֶזְרָח “homeborn” in Leviticus 23:42.

Had the word just been אֶזְרָח “homeborn”, women would have been included (so the sugya says), but the extra "heh" comes to exclude them.

The problem with “the homeborn” excluding women from being obligated for the sukkah is that the same word is used in the context of Yom Kippur in Leviticus 16:29, וְכָל-מְלָאכָה לֹא תַעֲשׂוּ--הָאֶזְרָח, וְהַגֵּר הַגָּר בְּתוֹכְכֶם. and the rabbis use the word to include women in the Yom Kippur obligation.

So which is it—does “the homeborn” include women (as in the case of Yom Kippur) or does it exclude women (as in the case of Sukkah)?

In general, men and women are equally obligated in positive non-time-bound commandments. These include loving our fellow person, returning a lost object, giving tzedaka, affixing a mezuza, and many other essential elements of Jewish observance.

Overall, the mishna has divided mitzvot into four major categories (positive time-bound, positive non-time-bound, negative time-bound, and negative non-time-bound). Women are generally obligated in three out of four.

In fact, out of the 613 Torah-level mitzvot, there seem to be only eight instances where women are exempted specifically from positive time-bound mitzvot: reciting Shema, donning tzitzit, laying tefillin on the head and on the hand, hearing shofar, taking lulav, dwelling in the sukka, and counting the omer. This is not a long list!

Why does the exemption from this single category loom large? and why so controversial?

We explore... from the traditional arguments and apologetics to orthodox feminist and academic readings in order to attempt to respect the perosnal autonomy of moderns yet bow to our halachic traditions.

Sukkah 27: The First Night

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The Mishnah brings the opinion of Rabbi Eliezer, who says that over the course of Sukkot, a person is obligated to eat two meals per day in the sukkah, i.e. one should eat 14 meals in the sukkah over the course of the Biblically mandated seven-day holiday. According to the Chachamim, however, there is only an obligation to eat in the sukkah on the first night of the holiday. From then on, a person can choose to eat food that does not obligate him to sit in the sukkah, and he will not be obligated to do so.

A Beraisa relates that Rebbi Ila'i once went to greet his Rebbi, Rebbi Eliezer, during Sukos. Rebbi Eliezer asked him why he left his home when the Torah requires that one stay home and rejoice with one's wife during the festival.

We explore the ramifications of both mishnah and beraisa.

Sukkah 26: מצטער פטור מן הסוכה

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This baraita on our daf teaches that one who is sick and would be discomforted by sleeping in the sukkah is exempt from the mitzvah. Even if this pain is minor, he is exempt.

The Gemora challenges this from the Mishna, which only says that the sick and those attending to them are exempt, implying that discomfort alone is not enough to exempt someone.

Rashi explains that suffering that “develops on its own” relates to discomfort stemming from the Sukkah itself. Typical examples include: discomfort from the heat of the sun beating down on the Sukkah, the cold temperature in the Sukkah, or a bad odor emitted by the structure’s leafy “schach” roof. Since a mourner’s sensitivity is not directly related to the Sukkah’s temperature or odor, he must put himself at ease so that he can perform the mitzvah.

We explore the notion of מִצְטַעֵר — פָּטוּר מִן הַסּוּכָּה

and the competing notions of whether one's discomfort stemming mainly from his own mental or emotional state, and not from the Sukkah, is not exempt from the mitzvah to dwell in the Sukkah.

This indeed is a revolutionary concept that the individual has the final say of what sukkah he wishes to use to fulfill the mitzvah and can reject a sukkah which the Torah considers permissible.

This is based originally in his right to accept or reject his year-round permanent home. The rights which the Torah grant him to select a home are the same rights which he has in selecting a sukkah as long as the sukkah fulfills the Torah requirements.

This is the true import of the concept of taishvu k’ain taduru.

Sukkah 25: Multi-Tasking and Wedding Nights

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The teaching in the mishna on our daf is explained in the gemara as an example of a well-known rule that “One who is involved in a mitzvah is exempt from a different mitzvah.” Rav Huna derives this rule from the mitzvah of saying the “Sh'ma”. The verse states that “Sh'ma” is a mitzvah to do when “going in your way” – but not while in the middle of going in a way commanded by G-d — i.e. a different mitzvah.

The Gemora asks: If that is so, one who marries a widow should also be exempt? The Gemora answers: This one (who marries a virgin) is preoccupied for he is worried about her besulim; the other (who is marrying a widow) is not.

This leads us to explore the notion of multi-tasking which afflicts every aspect of our lives and whether there is a neurological substrate for these behaviors and are they healthy?

Sukkah 24: Succah in the Wind

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Whereas the previous mishnayot discussed one who supports his skhakh on trees, this mishnah teaches that one can use trees as walls for a sukkah.

R. Aha b. Jacob says that in order for a partition to count (for any halakhic matter requiring a partition) the partition needs to be able to withstand a normal wind. We shall now explore how this relates to our mishnah. 

The Talmud uses the above mishnah to raise a difficulty on R. Aha b. Jacob. The mishnah allows one to use a tree as a wall. But trees sway with the wind—they are not able to withstand a normal wind.

Which leads us to a blowin' in the wind and the enduring iconic metaphor for civil rights and the 60's. 

Sukkah 23: Sea vs Land Winds

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On our daf we see that Rabbi Akiva permits the construction of a sukkah on a boat, as long as it can withstand winds as strong as those that normally prevail on land.

In a dark metaphor, The Mekor Chaim, zt”l, explains that our sukkah represents our portion in the next world, and this sukkah is sometimes built on a “ship.”

This is when a person feels like a ship at sea in constant danger of being broken to bits by the raging seas of this world. The “wind” symbolizes the evil inclination since, “No one sins unless a spirit (ruach—wind) of folly enters him.” (Sotah 3a)

A “land wind” represents the pull toward the earth-bound sins of the body. If one cannot withstand this wind, one’s sukkah is invalid since it means that the accumulation of sin will cause one to lose the protection of the world to come.

I prefer the way the metaphor is used by the Blooms: "the mast of the ship in the dark night sea storm. There are no feelings that are more turbulent than those that occur while fighting with someone we love. When we fight, it can feel like we are adrift in a violent, dark night sea storm."

We explore R. Akiva's distinction between sea and land wind in Longfellow and Dikenson.

Sukkah 22: Starry Starry Night

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One of the basic requirements of a sukkah is that the s'chach  provide more shade than sun. This requirement, however, is more theoretical than practical.Already on the first page of the masechet, the Gemara validates a sukkah built in the depths of a valley, even though most of the shade comes from the mountains. As the Gemara explains, if we "take away the mountains", the roof would provide most of the shade. This sounds quite logical, as the mountains are extraneous to the sukkah, and the requirement tohave shade from the roof is meant to exclude a case in which the walls of thesukkah provide most of the shade. Yet the gemara takes this theoretical framework a step further. The Mishnah (Sukkah 22a) teaches that one may dwell in a sukkah medublelet. Shmuel explains that such a sukkah is put together rather sloppily, with one branch of the s'chach tilted upwards while another is tilted downwards. The broad air spaces between the pieces allow more sun than shade to fill the sukkah. Nonetheless, had those boards been placed flat on the sukkah, there would be more shade than sun; so we consider it to be such, and deem the sukkah to be kosher.  

All this shprach about shade and sun and stars brought up "Vincent", a song by Don McLean written (1971) as a tribute to Vincent van Gogh. It is often erroneously titled after its opening refrain, "Starry Starry Night", a reference to Van Gogh's 1889 painting The Starry Night. and allowing us a peek into his spirituality...

Sukkah 21: Healing Leaves

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On our daf we are taught: From where is it derived that even the conversation of Torah scholars require analysis, even when the intention of the speaker was apparently not to issue a halakhic ruling? It is as it is stated with regard to the righteous:

ג וְהָיָה-- כְּעֵץ, שָׁתוּל עַל-פַּלְגֵי-מָיִם:

אֲשֶׁר פִּרְיוֹ, יִתֵּן בְּעִתּוֹ--וְעָלֵהוּ לֹא-יִבּוֹל; וְכֹל אֲשֶׁר-יַעֲשֶׂה יַצְלִיחַ.

3 And he shall be like a tree planted by streams of water, {N}

that bringeth forth its fruit in its season, and whose leaf doth not wither; and in whatsoever he doeth he shall prosper.

Psalm 1:3 This teaches that with regard to a Torah scholar, not only is his primary product, his fruit, significant but even ancillary matters that stem from his conversation, his leaves, are significant.

The Zohar states that a Torah scholar is in the category of Shabbos. One should be careful to minimize his speech on Shabbos. This idea is alluded to in this Gemara because a Torah scholar, who is in the category of Shabbos, is careful with his speech.

Rav Tzaddok (in "Likutei Ma'amarim") describes leaves as a symbol for righteous actions. These include simple actions which are not always accentuated or perceived.

But Leaves fade, leaves wither and fall. Unlike flowers whose blossoms are always so short-lived, leaves teach us of the cycle of nature and the cycle of life. We see ourselves in the growth from the tender bud, to the small but rapidly growing leaflet, to the mature and robust leaf, and inevitably, to the fading, drying, and falling leaf.

We explore the metaphor of the dying leaf , which reveals its true colors as it is about to pass....

Sukkah 20: Tabi (or Tabitha?)

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-The Mishnah closes with Rabbi Shimon’s testimony about Rabban Gamliel’s slave, Tavi, who would sleep under the bed in the sukkah. According to Rabban Gamliel he did so specifically because he knew that non-Jewish slaves were not commanded in the mitzvah of sukkah, from which we can derive that someone obligated in the mitzvah would not be permitted to do so.

Tavi is a character who appears throughout the Gemara, identified as the slave belonging to Rabban Gamliel d’Yavneh. In all of these stories he is presented as someone who was well-known for his personal piety and learning. Not only Rabban Gamliel, but other sages sang his praises. Rabbi Elazar ben Azaria, for example, was known to say that based on Tavi’s Torah knowledge it would have been appropriate for Tavi to be reclining and for Rabbi Elazar to be serving him. Rabban Gamliel tried on several occasions to find a way to set him free, but was stymied in his efforts because of the prohibition to set Canaanite slaves free. Nevertheless, when Tavi passed away, Rabban Gamliel accepted consolation as if he was a family member, explaining that Tavi was different than other slaves – he was a good and honest man.

But who was Tabitha???

Sukkah 19: Roof-less Succah

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Can a sukkah be made without any roof at all?

This is the question debated in the Mishnah on our daf. According to the Mishnah, the Chachamim allow a sukkah that is built like a tzrif – a triangular shack, or one that is built leaning against a wall. Rabbi Eliezer rules that such sukkot are no good because they have no roof.

If one wants to use a reed mat for the covering of his sukkah - a very convenient way, rather than messing with the leaves and branches - will it be a kosher s'chach? - A small mat is made for lying down on it, and it is thus a utensil; since all utensils are susceptible to ritual impurity, and therefore cannot be used for the sukkah covering, the small mat is not kosher.

However, with large mats it depends. If it was made originally for lying down, it is a utensil and cannot be used; but if it was made for covering the sukkah - then it is not a utensil in the normal sense of the word, does not accept ritual impurity, and therefore is a kosher sukkah covering.

Rashi explains that a large mat of reeds is hard and rough, and it is generally not to be used for a bed. However, if it was specifically manufactured in order to be a bed, it has the status of being a כלי, and it is therefore eligible to become טמא. This mat cannot be used for סכך.

Shulchan Aruch rules that small mats may not be used for סכך unless they are made specifically for use as סכך since they are primarily used for sleeping.

Large mats, on the other hand, may be used for סכך, unless they are made specifically for sleeping, since they are primarily used for סכך. Rema (2) writes that if most people in town manufacture mats for sleeping one may not use a mat for סכך even if he made the mat specifically for סכך. The reason is that others may suspect that he is using for סכך a mat that is susceptible to tumah.

Sukkah 18: Symbolism

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Rabbi Meir and Rav Huna, son of Rav Yehoshua, attempt to understand why a particular sukka is fit when it has more than four handbreadths of unfit roofing. They decide that because there is four by four handbreadths of fit roofing in the middle, the unfit roofing is invalidated.

Abaye introduces ways that we can diminish the sukka that has a space of three handbreadths. He tells us to use the principle of lavud. The rabbis argue over whether lavud can account for a space in the middle of a sukka. Both rabbis look to halachot regarding carrying in an alleyway to provide rationale for their positions. Halacha related to ritual impurity and corpses and sky lights is invoked to further discuss the use of the principle of lavud.

We explore the symbolic aspects of the s'chach and Succot with 2 pieces: one by Prof Jeffrey Rubinstein (NYU) and , in contrast, Shifra Hendrie (Chabad).

Sukkah 17: Dofen Akuma

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The law of Dofen Akuma is relevant in cases where Sukkah walls and Sukkah s’chach don’t align. For example, a house with an awning or protruding rooftop. You want to utilize the sturdy house wall as one of your Sukkah walls, but the Kosher rooftop of the Sukkah doesn’t begin until a foot or two out where the home’s awning or rooftop ends.

Mishna Sukkah’s Dofen Akuma law allows for that, it creates kind of a legalistic virtual dotted line from the wall to the S’chach, a diagonal connection which makes it work and makes the wall still count.

The Gemara earlier (4a) discusses another case that also ultimately relies on dofen akuma. We started the Masechet by learning that the maximum height of a sukkah is twenty amot. The Gemara discusses the case of a three-walled sukkah that is taller than twenty amot and teaches that one can build a platform, thereby raising the floor of the sukkah to within twenty amot of the s’chach. This is true even the platform is adjacent to only two of the walls, provided that it is within four amot of the third since we can rely on the dofen akuma. The question there is how does dofen akuma help?

Sukkah 16: Succah in a Haystack

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The Mishna ruled that if one burrowed an opening inside a haystack, it is not a valid Sukkah because the s’chach was not placed there with the intention of being used for shade . Rav Huna qualifies this ruling and maintains that if previously there would have been a space of a tefach high and seven squared tefachim and then one would place the haystack on top of this space and subsequently he would burrow out a space, the Sukkah would be valid because it would be deemed to be as if he had extended the existing walls. Even though the roof is made out of materials that ordinarily can be used for sechach, a sukkah cannot be made this way.

The Gemara on our daf quotes a baraita that seems, however, to teach the opposite. According to the baraita, someone who burrows into a stack of grain and creates an area large enough for a sukkah can succeed in establishing a kosher sukkah.

To solve this apparent contradiction, Rav Huna distinguishes between a situation where there was an already existing space within the mound that was a tefach high and seven tefachim in width and length, and one where no such space existed. In the event that there was an already existing space, it can be enlarged to create a sukkah. The teaching in our Mishnah was that in a case where the mound was solid, a person cannot dig out the space for a sukkah.

Although we had discussed the history of the haystack today we explore the artistic expression against accelerationism, through which contemporary images and artworks are more rapidly generated and consumed, whereby the needle, the haystack, the thread motions toward a redefinition, if not eradication of, Western progress that weaves and traverses through time.

Sukkah 15: Gezeirat Tikra

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Boards that are four handbreadths or less - how can we say that they are fit to cover a sukka? Apparently Beit Hillel and Beit Shammai had a dispute about this. Or perhaps they did not have a dispute. Today's daf is about what makes an argument as much as it is about the argument itself.

The Rabbis consider the placement of the skewers/boards and the placement of the halachically fit schach. They also look at how skewers/boards might become ritually impure. And everything that is invalid for the skhakh is valid for the walls. When it comes to the walls all we are concerned about is that there are walls—we are not at all concerned with the material of the walls.

We cite Rabbi Berman's plea (citing then chief Rabbi Lau) for the Israeli public not to pilfer nor destroy trees for the sake of s'chach, forcing us to consider the impact of our halachic zeal on the environment...

Sukkah 14: Challenging the Divine with a Pitchfork

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Rebbi Elazar says that the reason why the prayer of a Tzadik ("Atirah," as by Yitzchok Avinu in Bereishis 25:21) is compared to a pitchfork ("Atar") is to teach that just as a pitchfork is used to turn over bushels of grain and move them from place to place, the prayer of a Tzadik "turns over" the attributes of Hash-m from the attribute of strict justice to the attribute of kindness. (Although the word "Atar" is an Aramaic word that does not appear in Tanach, the root of "Atar" is found in Tanach to connote turning over or reversing).

Usually, when the Talmud describes God’s attribute of anger, it refers to midat ha-din, whose connotation is that God demands justice – the letter of the law – rather than offering compassion. The commentaries note the use of the term ahzariyut in our Gemara, which is unusual, as it implies a level of cruelty and mercilessness that goes well beyond justice.

The Midrash explains the word vaye’atar as related to the word chater—to dig. This model of prayer was used by Menashe, one of the most wicked Jewish kings, when he prayed to Hashem to save his life as he was placed in a metal box with a fire lit underneath. (Divrei Hayamim II 33:13). As he was roasting inside, he called out to every avodah zarah (idol) in the world with no response. So, he prayed to Hashem and entreated in a vaye’atar fashion. The angels felt it would be disgraceful for Hashem to answer the prayers of the wicked Menashe, so they blocked all the paths in which tefillos travel to reach Hashem. Still, Hashem wanted to answer his prayers, so He figuratively dug a tunnel under His throne to allow the prayer of Menashe to ascend. The Almighty wanted to show us the awesome power of prayer.

We explore with Rav Itamar Eldad the approaches to prayer of the Degel and the Noam Elimelech as well as Rebbe Nachman and Rav Kook....in teasing out the difference between 'siach" and "Atar".

Sukkah 13: An Unexpected Guest, Marsh Maror!

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The Mishnah (12a) taught that not all types of natural growth can be used as sechach for the sukkah. Straw or branches that are tied into bundles are examples of growth that cannot be used unless they are untied.

The Gemara on our daf quotes a baraita which says that thorny plants can be used for sechach, even though they grow twisted together and might appear to be bundles. As we will see, growing as a bundle will not be an impediment for use as sechach, although there might be other problems with such plants.

Calamintha belonging to the family Lamiaceae, is native to the northern temperate regions of Europe, Asia and America. It thrives in the Middle East including in Israel, where it favors the Galilee, the Judean Wilderness, as well as the mountains of Judea and Samaria. In the Talmudic discussion about the plants that qualify for bitter herbs on the Seder night, ethno-botanist and folklore researcher, Nissim Krispil identified Calamintha as one of the bitter herbs in debate.

Which brings us to exploring a deeper connection between the topic of our masechta, the properties of the s'chach and the sudden intrusion of marsh maror into the discussion.

Can we see something in common between these 2 ritual objects as far apart in the Jewish calendar as possible?

Sukkah 12: ״תעשה״,ולא מן העשוי

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A sukkah fashioned by hollowing out an existing haystack is invalid. This disqualification is known as “taaseh velo min haasui,” which means you must create a valid sukkah and not fix an invalid one. This principle is derived from the verse “[Chag] hasukkot taaseh lecha” – “[the festival of] Sukkot you shall make for yourself.”

The principle of taaseh velo min haasui is derived from the fact that the word “sukkot” precedes the word “make.”

The Modzhitzer Rebbe, zt”l, writes that Chazal’s statement that one who learns a lot of Torah should not feel self-satisfied is also expressed in our gemara. “Make it, and do not use that which is already made.” תעשה—always consider yourself to be just beginning to serve Hashem. Nothing has been done, everything is yet to be accomplished. העשוי מן ולא—do not rest on your laurels and rely on that which you have already achieved.

Sukkah 11: Clouds of Glory

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The Gemara cites a dispute between Rabbi Akiva and Rabbi Elazar regarding the explanation of the verse that states so that your generations will know that I caused the Children of Israel to dwell in Sukkos when I took them from the land of Egypt.

Which Sukkos is the Torah referring to? Rabbi Akiva maintains that the verse refers to the booths that Hashem made for the Jewish People when they were sojourning in the Wilderness. Rabbi Elazar, however, maintains that the verse refers to Clouds of Glory return. Nonetheless, the Clouds of the Clouds of Glory that encompassed the Jewish People in the Wilderness.

It is noteworthy that Rashi in his commentary on Chumash and in his commentary earlier on Daf 2 only quotes the opinion of Rabbi Elazar who maintains that the festival of Sukkos is to commemorate the Clouds of Glory.

The Gemara in Ta’anis 9a states that HaShem performed three miracles for the Jewish People in the Wilderness. Hashem provided the Jewish People with a traveling well of water that was in the merit of Miriam. The Jewish People were further provided with manna that fell from heaven and sustained them and the manna was in the merit of Moshe.

Sukkah 10: (Noy Succah)

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Decorations are discussed at some length. The rabbis are careful to specify whether or not hangning decorations will change the area of the sukka.

It was stated: The decorations of a Sukkah do not diminish the height of the Sukkah. Rav Ashi said: But at the side, they do diminish (the width of a Sukkah).

There is a debate in the Gemara regarding a sheet that was hung for decorative purposes at a distance of more than four tefachim away from the s’chach. Rav Nachman rules that the Sukkah is valid because the sheet is subordinate to the s’chach. Rav Chisda and Rabbah bar Rav Huna maintain that the Sukkah is invalid because the decorations are considered independent of the s’chach above it.

The Shelah writes that hanging ornaments in the Sukkah reflects our endearment for the mitzvah of Sukkah. Thus, the more one enhances the beauty of the Sukkah with ornaments, the more praiseworthy he is.

Although there is no formal halachic obligation to decorate the Sukkah, doing so is clearly an ancient custom (decorations are mentioned in early and later writings of Chazal), and it fulfills the precept of “this is my G-d, and I will beautify Him” (Shemos 15:3).

And though our principal focus concerning decorations is that they should adorn the Sukkah as best as possible, we explore halachic issues that Sukkah decorations are liable to raise.

Sukkah 9: Stolen Succah

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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.