07. The Height of the Walls and the Principle of Lavud

As we have seen (section 1), the minimum height of the walls is 10 tefaḥim (c. 80 cm). They must be close to the ground; if there is a gap of 3 tefaḥim (c. 22 cm) between the ground and the walls, the wall is invalid. However, there is no maximum gap between the top of the wall and the sekhakh, as we view the wall as if it continues up to the sekhakh (SA 630:9).^[10]

One can erect walls by setting up poles or stretching lengths of rope within 3 tefaḥim of one another, because in such a case the law of lavud applies: since there is less than 3 tefaḥim (c. 22 cm) between the components, we treat the entire area between them as being solid. Even though the sun and wind enter through the gaps in the wall, the poles or strings are still considered a wall. It makes no difference whether the string or poles are arranged horizontally or vertically; as long as there is less than 3 tefaḥim between one pole or string and the next, lavud applies. However, some maintain that since lavud walls are inferior, they must surround the sukka on all four sides (MA; of course, a doorway does not invalidate this sukka). If the wall is made from crisscrossing components, like from mesh netting or chain link fence material, it is not considered inferior, and two walls plus a tefaḥ suffice (as explained in the previous section). In any case, the sukka must be fit for eating and sleeping in painlessly, as explained below (section 14).

08. Sukkot with Cloth Walls

In recent times, people have begun to make sukkot with metal frames and walls made out of various types of thick cloth and fabric, like canvas, polyester, and plastics (often with brand names like Pe’er Lanetzach and Ease-Lock Supreme). These sukkot are popular because they are cheap to make, easy to market, simple to put up and take down, and convenient to store. However, some contemporary poskim question their validity because sukka walls must be stable. If they can be blown back and forth by the wind, they are invalid.

Nevertheless, in practice, these sukkot are kosher. The Rishonim objected to fabric walls that were not fastened at the bottom, so when wind blows, the walls rose more than 3 tefaḥim from the ground, invalidating them as walls. There was also the possibility that the wind would blow them away entirely. However, neither of these concerns applies to contemporary sukkot, since the fabric is fastened well all the way around. Therefore, these sukkot are kosher and the berakha may be recited in them. Those who are fastidious may add poles to create lavud walls.^[11]

09. The Sukka Must Be Under the Open Sky

The sukka must be built under the open sky so that the sekhakh and nothing else covers those sitting inside. Thus, if one builds a sukka under a roof or a tree, it is invalid (Sukka 9b). However, a sukka may be built next to a tall building that prevents sunlight from reaching the sukka. Only a roof or branches that separate between the sekhakh and the sky invalidate the sukka. Anything off to the side, not directly over the sekhakh, does not invalidate the sukka.

If there are very thin tree branches above the sekhakh, while the sekhakh is thick enough that even if the sekhakh directly under the branches would be removed, the remaining sekhakh would provide more shade than sun in the sukka, the sukka is kosher (SA OḤ 626:1).^[12]

One may build a sukka underneath clotheslines or electric wires. Since they are very thin, provide very little shade, and are not meant to provide shade, they do not invalidate the sekhakh beneath them.

10. Sitting in the Shade of the Sekhakh (the Status of Decorations and Canopies)

To fulfill the mitzva of sukka, one must sit in the shade of kosher sekhakh. Therefore, one who spreads a sheet under the sekhakh to provide additional shade has invalidated the sukka (SA 629:19). However, one may sit in the sukka wearing a wide-brimmed hat, since the hat is secondary to his body and therefore not considered a barrier between him and the sekhakh.

One may hang fruits and paper decorations from the sekhakh, because they are secondary to the sekhakh and thus are not considered a barrier between the people sitting in the sukka and the sekhakh. This is on condition that the decorations are within 4 tefaḥim (c. 30 cm) of the sekhakh. Even if decorations cover all the sekhakh, as long as they are within 4 tefaḥim of it, they are secondary to it and do not invalidate it. If one mistakenly put up a decoration that hangs more than 4 tefaḥim from the sekhakh, he has not invalidated the sekhakh as long as the decoration is less than 4 tefaḥim wide. Nevertheless, if it is between 3 and 4 tefaḥim wide, it is better not to sit under it. If it is less than 3 tefaḥim wide (d. 22 cm), one may even sit under it (MB 632:3). Nevertheless, le-khatḥila one should hang all decorations within 4 tefaḥim of the sekhakh.^[13]

If one sleeps in a sukka in a bed with a fixed canopy, he has not fulfilled the mitzva. If the canopy is temporary, then if it is less than 10 tefaḥim high, it is not deemed significant and is negated by the sukka, so one who sleeps under it fulfills the mitzva. But if it is higher than 10 tefaḥim it is deemed significant, and one who sleeps under it does not fulfill the mitzva.

The same rule applies to one who sleeps under a bed or table in the sukka. Since the space beneath them is incidental to the purpose of the bed or table, it is considered impermanent, so if that space is less than 10 tefaḥim (76 cm) high, one who sleeps there fulfills the mitzva; if the space is higher than that, he does not.^[14] This also applies to a bunk bed: If the space between the two beds is 10 tefaḥim, the person sleeping in the lower bed does not fulfill the mitzva. If the space is less than 10 tefaḥim, he does.^[15]

11. Invalid Sekhakh and Gaps in the Sekhakh

If there is a patch of invalid sekhakh, made of plastic, for example, in the middle of kosher sekhakh, or if there is a concrete beam that invalidates the sekhakh underneath it, then if the invalid sekhakh is wider than 4 tefaḥim (c. 30 cm), one may not sit underneath it. If the invalid sekhakh is less than 4 tefaḥim but more than 3 (c. 22 cm), le-khatḥila one should not sit or sleep underneath it, but in a time of need one may do so (MB 632:3). If the invalid sekhakh is less than 3 tefaḥim wide, one may eat or sleep there even le-khatḥila, because it is rendered null vis-à-vis the sukka.

If there is an empty gap in the sekhakh, the laws pertaining to it are more stringent, since this is more discernible than invalid sekhakh. If the width of the gap is 3 tefaḥim (c. 22 cm), the area beneath it is not kosher, and one may not sit there. If it is less than 3 tefaḥim, it is rendered null vis-à-vis the sukka, and one may sit and sleep there (SA 632:2) as long as neither most of his head nor most of his body are underneath the gap.^[16]

Let us say that one has a large porch, most of which is roofed, but with a small area, 5 tefaḥim wide, under open sky. At first glance, it would seem that there is no way to build a sukka there, as a kosher sukka must be at least 7 tefaḥim wide. However, we have seen that invalid sekhakh that is less than 3 tefaḥim wide is considered part of the sukka, and a person may sit underneath it. A sukka can therefore be built on such a porch, as follows: A sukka 7 tefaḥim wide should be set up at the end of the porch. Since 5 tefaḥim of sekhakh are under open sky and less than 3 tefaḥim are under the roof and invalid, then even those 2 tefaḥim are deemed part of the sukka, and one may sit and sleep beneath them. This is on condition that he puts up a wall separating the 2 tefaḥim of the roofed porch that will be part of the sukka from the rest of the porch that will not. This wall must be 7 tefaḥim long and preferably should reach the sekhakh. One should make a tzurat ha-petaḥ along the rest of the border between the sukka and the porch. (See Ḥazon Ovadia, p. 12; Minḥat Yitzḥak 6:60:20; Shevet Ha-Levi 10:99.)

12. Intention When Building a Sukka

It is a mitzva to engage in building a sukka. According to the Sages of the Yerushalmi, one even recites a berakha upon doing so: “Who has sanctified us with His commandments and commanded us to make a sukka” (“la’asot sukka” – y. Berakhot 9:3; y. Sukka 1:2). However, in practice we follow the ruling of the Bavli and recite a berakha on the mitzva when we fulfill it, namely, when we sit in the sukka (Menaḥot 42a; SA 641:1).

Nevertheless, putting up a sukka clearly involves a mitzva element. The pious and virtuous would hurry to begin building the sukka right after Yom Kippur, so as to go directly from one mitzva to the next. They try to finish it by the next day, for when one has an opportunity to do a mitzva, he should make sure not to miss out (Maharil; Rema 624:5, 625:1).

According to Beit Shammai, one must build a sukka with the intention to fulfill the mitzva of the festival with it, as we read, “You shall hold (ta’aseh, lit. ‘make’) the seven-day festival of Sukkot” (Devarim 16:13). Without such intent, the sukka is invalid. However, the halakha follows Beit Hillel’s view that one need not put up the sukka specifically for the mitzva of the festival. Rather, as long as he built it to provide shade, it is kosher. Therefore, a sukka built by shepherds or guards to protect themselves from the sun is kosher, as is a sukka made by a non-Jew to provide himself with shade (Sukka 8a-b; SA 635:1). However, the Sages say that if a sukka was not built for the mitzva of the festival, le-khatḥila something should be added to it before the festival. For example, one could add a square tefaḥ of sekhakh or a strip of sekhakh that extends the length of the sukka (Yerushalmi; MB 636:4). The same applies to an “old sukka” – a sukka from a previous year that was never taken down. Technically it is kosher, but since it was put up for a previous year, it does not count as having been put up for this year’s mitzva. Therefore, le-khatḥila one should add either a square tefaḥ or a strip of sekhakh along its length (SA 636:1; MB ad loc. 7).^[17]

If a sukka was put up to provide privacy, it is invalid since it was not intended for shade. Similarly, if one put up a sukka to serve as his permanent home, it is invalid even if the roof is made of kosher sekhakh, since it is not a temporary residence. One who wants to use such a sukka for the mitzva would have to remove all of the sekhakh and replace it while having the mitzva of sukka in mind.

13. Building Directly and a Stolen or Borrowed Sukka

If one hollows out a haystack to make a sukka, even though the hay is kosher sekhakh, the sukka is invalid because of the principle of “‘ta’aseh’ – ve-lo min he-asui” (“‘you shall make’ – not something ready-made”). That is, one must make the sukka by laying the sekhakh, and it cannot be made indirectly by hollowing out the area under the kosher sekhakh.

The principle of “‘ta’aseh’ – ve-lo min he-asui” dictates the procedure for building the sukka: One must build the walls first and only then lay the sekhakh. If he reversed the sequence and put up the sekhakh first, according to many poskim the sukka is invalid, because the sukka must be “made,” i.e., completed, by putting up sekhakh, and if one put up the sekhakh first, it is the building of the walls that completes the sukka.^[18]

An awning or tarp may be placed above the sukka such that it can be spread over the sukka when it rains and removed when it stops raining, so that all can enter a dry sukka. While the tarp is spread, the sukka is invalid, as the tarp constitutes a barrier between the sekhakh and the sky. Once the tarp is removed, though, the sukka is kosher again. However, if the sukka was built while the tarp or awning was spread above it, many maintain that the sukka is invalid, because a sukka must be made kosher by placing sekhakh, not by removing a tarp or awning (Baḥ; MB 626:18; Rema 626:3 is lenient).

One may fulfill the mitzva with a borrowed sukka, which one has permission to use (Sukka 27b; SA 637:2). If the owner of a sukka is away, and there is no way to obtain his permission to use his sukka, one may nevertheless sit in this sukka, because the Sages assume that a Jew is pleased when his property is used to perform a mitzva. However, if it is known that the owner is careful about who he allows in his sukka, or if there is concern that the owner will return, be too embarrassed to enter the sukka when he sees strangers sitting there, and be upset that they are in his sukka, then one may not use the sukka without explicit permission (Taz ad loc. 4; Bikurei Yaakov ad loc. 4; MB ad loc. 9).

One may not build a sukka on private property without the owner’s permission, nor may one build it on public property if the public or its representatives oppose it. If one nevertheless builds a sukka in such a place and sits in it, he may not recite the berakha, for this is not a blessing, but blasphemy, as the sukka was built through transgression.^[19]

14. How Much Effort to Invest in a Sukka

Since the sukka is a temporary residence, living in it will naturally not be as comfortable as living at home. Indeed, this is the mitzva – to reside in a temporary residence for the week of Sukkot. Therefore, we are not commanded to build impermeable, insulated, thick walls and sekhakh to protect its residents from cold, heat, and rain (as we would do in our normal homes). As a result, sometimes being in the sukka entails discomfort, in which case one is exempt, for one who is experiencing discomfort (a “mitzta’er”) is exempt from the mitzva of sukka (3:8-10 below). Thus, when it is very hot, or during very cold nights, or when it is raining, one is exempt from sitting in the sukka. A sick person for whom sitting in the sukka causes discomfort is exempt from sitting in the sukka and has no obligation to build a spacious, robust sukka so that he can remain there while experiencing the comforts of home (Maharaḥ Or Zaru’a §194).

However, one who was lax about building his sukka, so that he experiences discomfort in it even in normal weather, has not fulfilled the mitzva; it has become clear in hindsight that he failed to build a sukka that is worthy as a temporary residence, for even under normal conditions he experiences discomfort in it. One who knows that he can stay in a small, rickety sukka without experiencing discomfort may build such a sukka and fulfill the mitzva, as long as he resolves not to claim in the middle of Sukkot that he is mitzta’er because the sukka is too small or rickety. (See Bikurei Yaakov 640:13; MB 640:24.)

According to many, if one built a sukka that is not fit to sleep in – for instance, if it is in a windy place, and he built walls made of screens, so the wind and cold penetrate – then the sukka is invalid for eating as well. Likewise, if he built the sukka in a bad neighborhood where criminals roam around at night, making it dangerous to sleep there, then the sukka is invalid for eating as well. This is because the mitzva is to build a sukka that will serve as a temporary residence, for eating and sleeping, and since his sukka is not fit for sleeping, it is not considered a residence, so it is invalid for eating as well (Yere’im; Rema 640:4). Others say that even a sukka unfit for sleeping is kosher for eating; even though he sinned by building a sukka unfit for sleeping, since it is fit for eating in, it can be used to fulfill the mitzva of eating in the sukka (Ḥakham Tzvi). If one builds a normal sukka that is fit for sleeping in Eretz Yisrael, but he cannot sleep there because he lives in a cold climate, all agree that it is kosher, as the Torah does not obligate us to build a permanent structure as a sukka. (See MB 640:18.)

If one lives in a place where building a sukka would require his investing major efforts or a great deal of money, he must invest in the sukka to a degree comparable with what he would spend to arrange nice living quarters for a week. That is, he should think to himself: “If I had to leave home for a week, how much trouble would I go to, and how much money would I spend, to arrange comfortable lodgings?” That is how much he must invest in building a sukka or getting to somewhere he can build a sukka. One who periodically takes vacations must invest, in building a sukka or renting a place where he can access or build one, the amount he would pay for a week’s vacation, each person in accordance with his financial situation.

When one buys a home, he should make sure that it has a place to build a sukka. He should spend on this however much one who has to leave his house for one week a year would spend to ensure he could live in comfort for that week each year. A wealthy person must spend whatever he would be prepared to spend on a week’s vacation every year over many years.^[20]

15. Beautifying the Sukka

It is a mitzva to put up a nice, decorated, aesthetically pleasing sukka, at it is written, “This is my God, and I will glorify Him (ve-anvehu)” (Shemot 15:2), which the Sages expound to mean: “Beautify (hitna’eh) yourself before Him through mitzvot: Make a beautiful (na’ah) sukka, a beautiful (na’eh) lulav…” (Shabbat 133b). The idea of beautifying mitzvot – “hidur mitzva” – applies to all the mitzvot.

In the times of the Sages, they customarily decorated the sukka with colorful tapestries and wall-hangings. They would also hang fruits and nuts – walnuts, peaches, almonds, clusters of grapes, pomegranates, wreaths made of stalks, and glass containers full of wine, oil, and fine flour (Shabbat 22a). Eating from them was forbidden during the festival, since they had been set aside for the mitzva of decorating the sukka. Only one who stipulated before the festival that he could eat them as he wished was permitted to do so (as will be explained in the next section). Nowadays, it is less common to decorate the sukka with food. Rather, we decorate the sukka with paper and plastic chains, paper flowers, pretty pictures, and decorative lights. We also make a point of using nice tablecloths, dishes, and silverware in the sukka.

The poskim disagree about the permissibility of decorating the sukka with verses from Scripture (Vayikra 23:42, for example), since they permitted writing down parts of the Torah only for the great need of studying it (Taz; MB 638:24). Others permit, maintaining that these decorations serve an educational purpose (Shakh; Bnei Yona). In practice, one may be lenient, as long as the verses are not written in a way that would be fit for a Torah scroll (based on Rabbeinu Yeruḥam and Tashbetz).

The beautification of the mitzva includes building a spacious sukka, well-protected from wind and sun, that is pleasant to sit in.

One must make sure not to leave dirty dishes in the sukka and not to undertake demeaning activities in it, like changing diapers and doing laundry. (See 3:2 below.)

Branches that smell foul or whose leaves fall off may not be used for sekhakh, as we are concerned that the smell or the nuisance of falling leaves will cause people to leave the sukka for home (Sukka 12b-13a). However, be-di’avad, if one did use these for sekhakh, the sukka is kosher. However, if the smell is intolerable, then the sukka is invalid on a Torah level, as it is unfit for human habitation (SA 629:14; MB ad loc. 38).

One must take precautions against fire hazards in the sukka: not leaving burning candles or unsafe electrical circuits unsupervised and keeping electric lights far away from the sekhakh. (See SA 639:1; MB ad loc. 8.)

16. The Holiness of the Sukka and Its Decorations

The sukka is sanctified for the purpose of the mitzva, for it is written: “There shall be the seven-day festival of Sukkot to the Lord” (Vayikra 23:34). Thus, throughout the festival, one may not use any part of the sukka, whether from the sekhakh or from the walls (Sukka 9a). The Sages further prohibited using any of the sukka decorations designated for beautifying the sukka, for since decorating is also a mitzva, the decorations are set aside for that mitzva. Even if the sukka collapses, it is forbidden to use its broken parts and decorations until after the festival. Moreover, since the prohibition persists until the end of the seventh day of Sukkot, including bein ha-shmashot, which is also the beginning of Shemini Atzeret, it consequently remains prohibited until the end of Simḥat Torah (Beitza 30b; SA 638:1-2).^[21]

However, since the sukka is a residence, one may use the walls and sekhakh in the way that one would normally use the walls and ceiling of his home. Thus, one may lean against the wall of the sukka and hang items on it, and one may hang a garment to dry from the sekhakh (Sukka 10b). The prohibition applies only to taking something from the sukka and using it, for example taking a beam from the sukka to build something else or even pulling off a splinter to use as a toothpick (Rema 638:1; MB ad loc. 4). It is also forbidden to remove the wall hangings, the decorations, or the fruit hung from the sekhakh in order to use them for some other purpose. One may not even move them without cause, as doing so detracts from the sukka and its decor. Carpets and floor tiles have the same status as decorations, as they have been set aside for the mitzva of sukka (Igrot Moshe, OḤ 1:181).

If a decoration or part of the sukka becomes bothersome, for instance, if a beam is loose and creaky, or a decoration has fallen apart and is making the sukka ugly, one may remove and dispose of it respectfully, but it may not be used for something else.

If rainfall threatens to ruin the decorations, one may take them down to rehang them later. If one obtained nicer decorations during the festival, he may remove the old ones to replace them with the nicer ones, as long as he does not use the old decorations for another purpose, as they were set aside for mitzva use.

If one wants to be able to derive benefit from his sukka decorations during the festival, he should make the following declaration before the festival begins: “I hereby stipulate that I may remove and enjoy these decorations whenever I want, and that they do not become sanctified.” One cannot make such a stipulation about the sukka itself (Beitza 30b; SA 638:2).

A sukka may be taken down to be rebuilt elsewhere. The prohibition of muktzeh forbids using the sukka beams for a different purpose, but using them in another sukka is permissible.

With the end of the festival, the sanctity of the decorations, walls, and sekhakh expires. One may use them for any mundane purpose, but one may not degrade them, for instance, by using the paper as toilet paper or stepping disrespectfully on the sukka beams (SA 664:8; MB 638:24).

17. Pergolas

A pergola is a permanent wooden structure built in yards and gardens to provide a shady place to sit. The question is: Is the wood of the pergola’s roof considered kosher sekhakh?

Some are permissive based on the rationale that since the pergola is not meant for residence and is not fit for residence, since rain penetrates, its wood is acceptable sekhakh. Nevertheless, it is proper to add a little sekhakh in honor of the festival and so that the pergola is not considered an “old” sukka (as explained above in section 12). If it is more sunny than shady under the pergola, enough sekhakh must be added to change that.

Others are stringent and say that since the pergola is a sturdy, permanent structure, its wooden roof is akin to the wooden roof of a house, which is invalid as sekhakh on the Torah level. The basic principle of sekhakh for a sukka is that it must be impermanent, and a pergola is permanent. In practice, since this uncertainty pertains to Torah law, we must be stringent.

Therefore, if one wants to turn a pergola into an acceptable sukka, this is what he should do: If the majority of the pergola’s roof is made of fixed beams, some should be removed, so that most of the roof is open and there is more sun than shade. Kosher sekhakh can then be placed over the entire surface of the roof, such that even without the beams attached to the pergola, the shade provided by the kosher sekhakh will be greater than the sun it lets through. This makes the pergola into a kosher sukka.

Another way to make a pergola into a kosher sukka whose shade is greater than its sun is to take out the fixed beams and put them back without attaching them or nailing them down. Every re-placed beam is kosher sekhakh (SA 631:9).

As we have seen (section 13), one must make sure to put up the walls before the sekhakh. This is not usually a problem with a pergola, though. As long as “walls” are at least a tefaḥ high and near the sekhakh, they are considered rudimentary walls; if sekhakh is put on them, it is kosher (as explained in note 18). Many pergolas have horizontal beams that support the roofing, and which are more than a tefaḥ high. Thus, it is not necessary to add anything new to the “walls” before putting on the sekhakh.^[22]

01. General Parameters

The mitzva is for one to reside in his sukka during the seven days of the festival in the manner that he normally resides in his home, as we read, “You shall dwell in sukkot seven days” (Vayikra 23:42). In Sukka 28b, the Sages expound: “‘You shall dwell (teshvu)’ – akin to how you reside (taduru).” Thus, one should have his bed, linens, and utensils in the sukka. But what is not normally done in the home need not be done in the sukka (SA 639:1-2).

There are four parts of the mitzva do dwell in the sukka: a) things that must be done in the sukka; b) things it is a mitzva to do in the sukka; c) things there is no mitzva to do in the sukka; d) things it is forbidden to do in the sukka.

• Things that must be done in the sukka: Anything one generally does at home, he must do in the sukka. Thus, one must eat all proper meals (se’udot keva) and sleep in the sukka, as a home’s primary function is as a place to eat and
• Things it is a mitzva to do in the sukka: It is a mitzva to engage in activities that one sometimes does at home and sometimes elsewhere, like studying Torah, reading books, and chatting with friends, in the sukka, but doing them outside the sukka is not sinful. Nevertheless, since doing them is a mitzva, one should try to do them in the sukka. One who leaves the sukka without a good reason and does these things at home shows contempt for the mitzva.

This category also includes impromptu eating (akhilat ara’i). Technically, there is no obligation to eat fixed meals on Ḥol Ha-mo’ed, so it is possible for one to eat only snacks and irregular meals outside the sukka throughout Ḥol Ha-mo’ed. But if he can eat in the sukka without difficulty, then eating at home shows contempt for the mitzva. If it is difficult for him to eat in the sukka (for example, because it is a little cold), snacking at home does not show contempt for the mitzva. Nevertheless, since eating in the sukka fulfills a mitzva, it is proper to be fastidious and eat there. Some even say that there is a mitzva to eat two se’udot keva with bread in the sukka each day.^[1]

• Things there is no mitzva to do in the sukka: Activities that are always done outside the home, like praying with a minyan and attending Torah classes, need not be moved to the sukka and may be done le-khatḥila in the synagogue or beit midrash.
• Things it is forbidden to do in the sukka: Demeaning things, like changing a baby’s diaper, may not be done in the sukka. (See note 2 below.)

Women are not obligated in the mitzva of sukka, because it is a time-bound positive commandment. Nevertheless, women fulfill a mitzva by dwelling in the sukka, and the custom of Ashkenazic women and some Sephardic women is to recite the berakha of Leishev Ba-sukka if they eat in the sukka. The custom of most Sephardic women is not to recite the berakha since they have no obligation (SA 589:6; Peninei Halakha: Women’s Prayer 2:8 n. 9).

02. Treating the Sukka Respectfully

All seven days of the festival, one must make the sukka his permanent residence, and the home temporary, as it is written: “You shall dwell in sukkot seven days” (Vayikra 23:42). Therefore, one must bring his good table and chairs into the sukka, and a good bed and sheets, so that he can reside in the sukka as he resides at home all year round. That is, it is not enough to eat and sleep in the sukka; the sukka must be his primary residence. The house should serve only as the kitchen and storage area, helping to meet sukka needs (Sukka 28b).

The Sages tell us that regular Torah study should take place in the sukka. However, if one is studying particularly difficult material, it is preferable for him to do that at home or in the beit midrash, because it is easier to concentrate there (Sukka 28b; SA 639:4). If one finds it difficult to concentrate in the sukka due to heat or noise, even ordinary study material may be taken inside, as Torah study is not something normally limited to the home. Similarly, if one who is learning Torah needs many different books and it would be difficult to lug them to the sukka, he may study in the beit midrash or in his library even le-khatḥila.

Even though one must treat his sukka like his home, there is a difference between them. In a home one does everything necessary, whether dignified or undignified. But we show respect for the sukka by not doing demeaning things there. The sukka must be treated like the nicest and most respectable room in the home. Thus, one may not leave workaday things there, like a bucket or dishpan or anything else one would not leave in the nicest room of the house. One may not wash dishes in the sukka nor change diapers there (Sukka 28b; SA 639:1; AHS ad loc. 4).

After finishing a meal, one must clear away all the dishes as quickly as possible, because it is not respectful to leave dirty dishes sitting in the sukka. However, cups may be left, because they do not look as dirty, and someone may want to drink even after the meal is over. People who normally bring pots to the table may do so on Sukkot as well; but in places where this is considered disrespectful, they should not be brought into the sukka (Sukka 29a; SA 639:1; MB ad loc. 3-6). A garbage can may not be left in the sukka, but a paper recycling bin may be, as one would leave this even in an elegant room in the home.^[2]

One should not leave dirty clothes in the sukka. However, someone sleeping in the sukka may take off his clothes and leave them on a chair in the sukka, and take off his socks and shoes there, as he would do at home.

There is no problem with speaking about mundane matters in the sukka. Therefore, if one wants to talk with his friend (in person or on the phone), he should converse in the sukka as he would at home, for whenever he is in the sukka, he fulfills a mitzva (SA 639:1). Similarly, people who want to play chess or Monopoly or other games should play in the sukka. (See Responsa Mahari Weil §191; Darkhei Moshe 639:1.) Some are careful not to engage in mundane matters in the sukka (Shlah; Kaf Ha-ḥayim 639:5-6; see MB ad loc. 2). However, if this leads one to spend less time in the sukka, it is not an enhancement of the mitzva; one who wants to engage in mundane matters should do so in the sukka and thus fulfill a mitzva.

03. The Obligation to Eat in the Sukka on the First Night

There is an important difference between the first night of Sukkot and the rest of the festival. During most of the festival, if one wants to eat a se’udat keva, he must eat it in the sukka, but one who wants to eat an akhilat ara’i may do so outside of the sukka. However, on the first night of Sukkot, there is an obligation to eat bread in the sukka. This obligation is based on a gezera shava from the identical language used by the Torah to describe the first night of Sukkot and Pesaḥ, from which the Sages derive that just as there is an obligation to eat matza on the first night of Pesaḥ, so too there is an obligation to eat bread in the sukka on the first night of Sukkot (Sukka 27a; SA 639:3). This also teaches us the importance of the first night of Sukkot, which lays the foundation for the entire festival.

To ensure that people fulfill the mitzva with appetite, one must avoid filling foods for the three hours before shki’at ha-ḥama on the eve of the festival (MB 639:27).

The obligation can be fulfilled from tzeit ha-kokhavim onward. Since this mitzva is derived from the mitzva of eating matza on the first night of Pesaḥ, one should eat the bread before midnight. Be-di’avad, one who did not manage to eat by midnight may do so until dawn (MB ad loc. 25-26; Peninei Halakha: Pesaḥ 16:31).

Before beginning to eat bread on the first night, one should have intent that this eating is to fulfill God’s commandment to us to eat in the sukka as a commemoration of the Exodus and of the clouds of glory with which He sheltered us in the wilderness. Le-khatḥila one should have this intention throughout the festival, but, be-di’avad, even on the first night one discharges his obligation as long as he knows he fulfills a mitzva by eating in the sukka (MB 625:1; see above, 1:4-5).

Just as we make sure to eat a kezayit of matza according to all opinions on the first night of Pesaḥ, so too we make certain to eat a kezayit of bread according to all opinions on the first night of Sukkot. Thus, one should eat at least half an egg’s bulk (keveitza) of bread, and some are stringent and eat more than a keveitza; this is an admirable practice. It is not necessary to squash the challah when calculating the volume of an egg; one may estimate based on the normal state of the challah. One should eat the necessary quantity of bread unhurriedly but steadily. If one stopped eating in the middle for longer than shi’ur akhilat pras (6-7 minutes), he must start again.^[3]

If it rains on the first night, some say there is no mitzva to eat a kezayit of bread in the sukka, as a mitzta’er (one who experiences discomfort) is exempt from the mitzva of sukka (Rashba; Smag). Others say that on the first night, even a mitzta’er must eat a kezayit of bread in the sukka (Rosh; Ran). In practice, it is proper to wait an hour or two in hopes that the rain will let up and it will be possible to fulfill the mitzva according to all. If the rain continues, or if the rain stopped but the water dripping from the waterlogged sekhakh makes it unpleasant to sit in the sukka, one should recite kiddush and She-heḥeyanu (on the festival itself) in the sukka and eat a kezayit of bread to fulfill the mitzva according to those who maintain that a mitzta’er is obligated to eat in the sukka on the first night. However, one should not recite the berakha of Leishev, since some maintain that even on the first night, a mitzta’er has no mitzva to eat in the sukka (Rema 629:5; MB ad loc. 35). If the rain stopped before midnight, and one would still get some enjoyment from eating bread, he should go to the sukka, recite “ha-motzi” and Leishev, and eat bread, thus fulfilling the mitzva according to those who maintain that the mitzva is to eat without discomfort.

04. Eating in the Sukka

As we have learned, it is a mitzva to reside in the sukka as one resides at home, and since proper meals (se’udot keva) are usually done at home, such meals must be eaten in the sukka. However, people sometimes eat light meals and snacks (akhilat ara’i) when not at home. Therefore, one may eat an akhilat ara’i outside the sukka. Those who are meticulous make sure to eat even an akhilat ara’i in the sukka; they also do not drink anything, even water, outside the sukka. However, this is not obligatory, and even Torah scholars may eat akhilat ara’i outside the sukka (m. Sukka 26b; Ran ad loc.; BHL 639:2 s.v. “aval”).

As a rule, se’udat (or akhilat) keva refers to a significant meal that one eats to become satiated. Akhilat ara’i refers to eating to enjoy the taste or to stave off hunger, but not really to become satiated.

Since grain is the staple food of humanity, from which bread, pastries, and filling dishes like pasta and porridge are made, one who eats more than a keveitza of grain-based food is considered to be eating se’udat keva and must eat in the sukka. Even if this quantity does not fill him up entirely, since we normally satiate ourselves with grains, and since a quantity greater than a keveitza is somewhat satisfying, this is defined as se’udat keva. However, a keveitza or less is considered akhilat ara’i, which may be eaten outside of the sukka.^[4]

Since it is not normal to fill oneself up with fruit, water, and juice, one may eat and drink them outside the sukka without limit.

One may eat small amounts of meat, fish, or cheese outside the sukka, but if one intends to eat them in an amount that constitutes a regular, filling meal, he must eat in the sukka (MB ad loc. 15).^[5]

The poskim disagree about wine and strong drink. Some say that since they are not filling, they need not be drunk in the sukka (Rosh; Rema). Others maintain that because of the significance of wine, one who drinks a revi’it thereof must do so in the sukka (Ritva). Some are stringent and extend this to all strong drink, saying that if people are getting together to drink, they must do so in the sukka (Or Zar’ua; MA). Le-khatḥila, it is correct to follow this practice (MB 639:3 and BHL s.v. “ve-yayin”).

It is important to note that during a meal, all components of the meal are part of the akhilat keva that must be eaten in the sukka, so one must make sure not to eat anything outside the sukka. Thus, one who leaves the sukka during the meal in order to bring something into the sukka must not eat or drink anything in the home, nor even swallow in the home what he began eating in the sukka (Binyan Shlomo 1:41; Sho’el U-meshiv 4:3:11; R. Zvi Pesaḥ Frank, Mikra’ei Kodesh 1:31).

05. Reciting the Berakha of Leishev Ba-sukka

The Sages ordained that before fulfilling the mitzva of dwelling in the sukka, one recites the berakha of Leishev Ba-sukka: “Blessed are You, Lord, King of the Universe, Who has sanctified us with His commandments and commanded us to dwell in the sukka.” There are different customs as to when one recites this berakha.

According to many Rishonim, including Rif and Rambam, whenever one enters the sukka to spend time there, even if he intends only to sit without doing anything, he recites Leishev before sitting down, since he is fulfilling a mitzva. This is the practice of Yemenites; they recite the berakha while standing, immediately upon entering the sukka, and then sit.

All other communities follow Rabbeinu Tam’s view, namely, that the berakha is recited on eating, as it is more central. The berakha on eating then covers everything else that one does in fulfillment of the mitzva of sukka. Even though sleeping is also important, we do not make a berakha over it, since one might recite the berakha before going to sleep, and then not fall asleep. Eating, however, is in one’s control, so it is proper to recite the berakha over it. The question is: What type of eating mandates a berakha?

According to Ashkenazic custom, one who plans to eat an amount of food that makes eating in the sukka obligatory makes a Leishev. One who does not plan to eat that much while he is in the sukka should still make a Leishev even if tasting a minimal amount of food or wine. If one has no intention to eat at all, many have the custom not to recite the berakha, but some have the custom to recite the berakha even when just spending time in the sukka; this is the proper practice.

According to Sephardic custom, one recites Leishev on a significant amount of food that generally constitutes a proper meal. In this respect, there is a difference between bread and other types of mezonot. For bread, even when one will eat only a bit more than a keveitza, he recites Leishev. On other mezonot, be it baked goods, pasta, or porridge, only if one eats an amount that will satiate him at a regular meal – approximately the volume of 4 eggs – recites a Leishev.^[6]

It would seem that nowadays, even according to Sephardic custom, one must recite the berakha if they are eating a full meal (such as soup, meat, rice, and potatoes), even if it does not include bread or mezonot. Even though in the past the ruling was not to recite Leishev on a meal without bread, nowadays, when many people eat an entire significant meal without grain, it is also considered a se’udat keva, and one must recite the berakha. Nevertheless, one who knows that his parents do not recite Leishev on this type of meal may follow their practice. In order to remove any doubt, however, it is preferable that he take care to eat bread with such meals and recite the berakha.^[7]

06. Laws Relating to the Berakha of Leishev Ba-sukka

Since the custom is to recite the berakha of Leishev before eating, the question arises as to which berakha to recite first – the berakha on the food or Leishev? According to Ashkenazim and some Sephardim, one recites the berakha over the food first, followed by Leishev. Since it is the eating that obligates us to sit in the sukka, the berakha on the food comes before the berakha on the sukka. One need not stand when reciting the berakha. The custom of some Sephardim is first to recite the berakha of Leishev while standing, and then sit down and recite the berakha over the food. People should continue their family’s tradition.^[8]

If one forgot to recite Leishev before eating, he should recite it in the middle and continue to eat. If he remembered only after he was basically finished eating, then if he can eat or drink a bit more before reciting Birkat Ha-mazon, he should recite Leishev and then eat or drink something. If he remembered after the meal was over, according to most poskim he should recite the berakha even though he does not intend to continue eating (MB 639:48); Sephardic practice is not to recite the berakha (Yeḥaveh Da’at 5:48).

As long as one remains in the sukka, the berakha he recited at the beginning of his time there covers him. Even if he eats an additional meal, he does not recite an additional Leishev. If he left temporarily – for example, to go to the bathroom, to bring something to the sukka, or to chat with friends – he does not repeat the berakha on his return, as the original berakha is still in force (MB 639:47). However, if he left for something significant – for example, to go to the synagogue or to take care of his business – when he returns, he must recite Leishev again. Even if he left for a trivial reason, if he was gone for more than an hour, he should recite the berakha again (SAH 639:13).^[9]

If one began a meal in his sukka and planned to continue with the meal in his friend’s sukka, then if his intention when reciting “ha-motzi” was to cover what he would eat at his friend’s, he also exempted himself from reciting Leishev in his friend’s sukka. If he did not have this in mind, before leaving his sukka he must recite Birkat Ha-mazon, and afterward he must recite all the berakhot again in his friend’s sukka.^[10]

07. Sleeping and Dozing Off in the Sukka

Sleeping in the sukka is obligatory, whether one is going to sleep for the night (sheinat keva) or taking a nap (sheinat ara’i). In this, sleeping differs from eating; akhilat ara’i is permitted outside the sukka because people snack outside the home all year long (explained above, section 4). Sleeping is stricter because even sheinat ara’i is significant, as even a short nap can be refreshing, and people generally do not nap outside the home. Therefore, even sheinat ara’i must be in the sukka (Sukka 26a; SA 639:2).

Some people tend to doze off unintentionally while traveling or during lectures. This type of involuntary dozing off is not considered sheinat ara’i and is not prohibited outside the sukka. The difference between the cases is clear: In the case of sheinat ara’i, one puts his head down on a desk or some other support in order to sleep for a little while, and many people are careful not to sleep like this in public. In contrast, one who is dozing off actually wishes to remain awake but dozes off involuntarily and jolts awake periodically.^[11]

There are additional issues when it comes to sleeping in the sukka. For a variety of reasons, some people find it hard to sleep in a sukka. The question is: At what point are they considered mitzta’arim who are exempt from sleeping in the sukka? To clarify this basic law, we must first explain the status of a mitzta’er.

08. The Exemption of One Who Is Sick or Mitzta’er

Sick people and their attendants are exempt from the mitzva of sukka. This exemption is not limited to the dangerously ill; even someone who is in no danger – for instance, someone who has a headache and finds sitting in the sukka difficult – is exempt. If a sick person needs help, his aide is exempt as well (Sukka 26a; SA 640:3).

Likewise, a mitzta’er (one who experiences pain or discomfort in the sukka) is exempt, because the mitzva is to reside in the sukka as one resides at home during the year. Just as one would not reside in a place that causes him pain and discomfort, so too on Sukkot, he is not obligated to dwell in the sukka if it causes him discomfort. True, a sukka is a temporary residence and therefore, by its nature, is not as comfortable as a house. This lesser comfort does not exempt someone from sukka, for this is precisely the mitzva. But when an additional factor causes staying in the sukka to entail pain and actual discomfort, one is exempt. The most common case of mitzta’er is rain.

The level of discomfort that warrants exemption from the mitzva of sukka must be significant, of the type that would lead one to move out of his home to a considerably less comfortable place nearby. For example, if one has a very minor leak in his roof, he would prefer to remain at home. Similarly, if there is a minimal amount of rain, one must remain in his sukka. If the rain persists, so the point that it would ruin his food and disturb his sleep, he would move elsewhere, despite the bother of moving, and even if his new quarters were smaller and shabbier. In such a situation, one is considered mitzta’er and is exempt from the sukka. He remains exempt as long as the sekhakh continues dripping enough to ruin his food (SA 639:5; Eshel Avraham [Buczacz] 640:4). If he is mitzta’er with respect to sleeping but not eating, he is exempt from sleeping in the sukka but obligated to eat there (MB 640:16).^[12]

If one left the sukka on account of rain, started eating inside, and then the rain stopped, he need not return to the sukka. Rather, he may finish eating in the house. Similarly, if he went to sleep in the house because it was raining, and then the rain stopped, he is not required to return to the sukka. He may sleep at home until morning (SA 639:6-7).^[13]

09. More on the Status of Mitzta’er

If a large number of flies or mosquitoes are in one’s sukka, he has no way of getting rid of them, and they are causing him pain or discomfort; or if there is a bad smell in the sukka; or if it is extremely hot in the afternoon, cold at night, or windy, and clothes are not enough to alleviate the discomfort – if his discomfort is severe enough that if it were to happen in his home, he would move into a significantly less comfortable place he has nearby, he is exempt from sukka. This is on condition that his leaving the sukka will alleviate his discomfort. However, if he would suffer from the mosquitoes or the bad smell even in his home, then he must remain in the sukka (SA and Rema 640:4).

In a situation where particularly sensitive people suffer discomfort, while most people do not – for example, when a wind blows some leaves from the sekhakh onto the table – the people in the majority must remain in the sukka, while those who are sensitive are exempt. However, one cannot maintain that he suffers from something that even sensitive people normally do not mind. When someone is at such an extreme, we say that his personal disposition is disregarded in light of the norm, and he must eat and sleep in the sukka (Rema 640:4; MB ad loc. 28-29).

If someone was derelict and built a particularly rickety sukka, he may not then claim during the festival that he suffers from being in it, even though it does not adequately protect him from the vagaries of the weather. Since he put up this rickety sukka, he obligated himself to live in it during Sukkot without complaint. If he nevertheless complains and claims that he is suffering, it becomes clear retroactively that he sinned and abrogated the mitzva by putting up an inadequate sukka. He must immediately make efforts to reinforce his sukka so it does not cause him discomfort. (See above, 2:14, and below, end of section 13.)

If the lights went out in the sukka on Friday night but there is light in the home, one may eat at home, since eating in the dark is a discomfort. If it would not be too much trouble to eat in a neighbor’s sukka, he should do so, but if it would be very unpleasant or difficult, then he is considered mitzta’er and exempt from sukka (Rema 640:4; MB ad loc. 22-23).

If one is exempt from sukka because of the discomfort entailed by eating there – for example when it is raining – but he nevertheless insists upon eating there while being rained on, he is not performing a mitzva. Rather, he is doing something foolish. There is even a sinful aspect to it, for one must honor the festival, and it is forbidden to cause oneself suffering on it. However, it is different if one began his meal in the house because it was raining, and then the rain stopped. While he is not required to return to the sukka, if he does so he is rewarded for it, since his sitting in the sukka does not entail discomfort (BHL 639:7 s.v. “hedyotot”).

10. Mitzta’er and Exemption from Sleeping

As we have seen, it is obligatory to sleep in the sukka, both sheinat keva and sheinat ara’i, yet many are lenient and do not sleep in the sukka. Do they have a basis for their practice? The poskim mention two primary reasons for exemption from sleeping in the sukka. One relates to mitzta’er, and one to married men.

In cold European countries, sleeping in the sukka entailed pain and discomfort because of the cold nights, and people who slept in the sukka would sometimes get sick. Therefore, poskim ruled that if one is mitzta’er vis-à-vis sleeping in the sukka because of the cold, and he has no way to keep warm properly, whether because he does not have enough blankets or because he is mitzta’er even with the blankets, he is exempt from sleeping in the sukka. In Eretz Yisrael it is not that cold, but nowadays there are more spoiled and sensitive people who catch colds easily on chilly nights in the sukka even when they sleep with a heavy blanket. They, too, are deemed mitzta’arim and exempt. However, on nights that they know they will not catch a cold, or when napping in the afternoon, they must sleep in the sukka.^[14]

Some people simply cannot fall asleep in a sukka. Even though nothing in the sukka should bother them, they are tense from the different environment. Since, in fact, they cannot fall asleep, they are mitzta’arim and thus exempt. They are not obligated to build a sukka with brick walls so they will feel more comfortable and be able to sleep at night, for the Torah did not command us to build permanent walls to fulfill the mitzva. However, those who do so are commendable, for they will be able to fulfill the mitzva. In addition, one who is unable to sleep in the sukka at night must still sleep in the sukka by day if he wants to take a nap and is able to fall asleep in the sukka during the day.

If one wants to take an afternoon nap, but there are children playing noisily and disturbing him, and they will not manage to keep quiet even if he asks, he is considered mitzta’er. Thus, if he is tired, he may go inside to sleep.^[15]

11. Exemption from Sleeping – Married Men

Le-khatḥila, a married man must build a sukka where he and his wife can both sleep. Even though women are exempt from the mitzva of sukka, a woman who sleeps in the sukka fulfills a mitzva. Moreover, if the spouses sleep separately, it diminishes their festival joy. Thus, it is proper to build a sukka in which both spouses can sleep (above, 2:14; Harḥavot 2:14:5).

If it is impossible to prepare a place for the wife to sleep in the sukka – for instance, if the sukka is too small, or there are other men who need to sleep there, and they cannot build another sukka just for the couple – and the couple is mitzta’er when they sleep apart, some say the man may sleep in their bedroom at home. This is because the mitzva of sukka is for a man to sleep in the sukka in the way that he normally sleeps in his home, which is with his wife. If they cannot both sleep in the sukka, he is exempt (Rema 639:2). Others say that the man is exempt only if the couple are truly mitzta’er when they cannot sleep in their bedroom (MA ad loc. 8). Still others say that a married man has the same obligation to sleep in the sukka as a single man, and even if he is mitzta’er from sleeping in the sukka, apart from his wife, he is still obligated to sleep in the sukka. Only on special nights (such as when he and his wife will fulfill the mitzva of having marital relations with the regularity to which they are accustomed) is he exempt from sleeping in the sukka (Vilna Gaon; MB 639:18).

In practice, if one is truly mitzta’er when he sleeps apart from his wife he must invest effort and money into building a sukka where they can be together. If it is very difficult for him to do so, he may, if he wants, rely on those who are lenient and sleep inside.^[16]

12. Children, Grooms, and Mourners

A child who has reached the age of ḥinukh (education) is obligated in sukka. Therefore, adults are admonished not to feed him a se’udat keva or put him to bed outside the sukka. The age of ḥinukh is the age at which a child understands the general parameters of the mitzva, i.e., the obligation to eat and sleep in the sukka. Most children reach this stage around the age of five or six (SA 640:2). However, sometimes young children are mitzta’arim when it comes to sleeping in the sukka, because they are more sensitive to the cold or because they are afraid. In such cases, they are considered mitzta’er and are exempt. Additionally, if the adults are sitting and studying Torah or chatting in the sukka, making it difficult for the child to fall asleep there, he may be put to bed in the house and later moved to the sukka.

It is forbidden to hold a wedding on Ḥol Ha-mo’ed, because we do not mix together two joyous occasions (Mo’ed Katan 8a). However, those who marry before Sukkot continue the week of Sheva Berakhot into the festival. The Sages tell us that a groom is exempt from sleeping in the sukka, because it lacks the privacy of a home, and the bride and groom will feel inhibited there. The Sages also tell us that the groom’s entourage and all those who came to celebrate with him are exempt from eating in the sukka, because sukkot were usually small and could not accommodate all the celebrant. Therefore, Sheva Berakhot meals were held outside the sukka (Sukka 25b; SA 640:6). However, other se’udot mitzva, including a brit, pidyon ha-ben, bar mitzva, and siyum, must be held in the sukka, because these meals are not important enough to override the mitzva of sitting in the sukka (Vilna Gaon; BHL 640:6). Nowadays, we have Sheva Berakhot in the sukka as well, even though this limits the number of participants.

A mourner is obligated in the mitzva of sukka. Even if he would prefer to sit alone in his grief, he must marshal his resources and keep the mitzvot of the festival (Sukka 25a; SA 640:5). In fact, there is no mourning on Sukkot; if someone began sitting shiva before the festival, the arrival of the festival cancels the remainder of shiva, and if someone loses a close relative on Sukkot, he does not sit shiva on the festival. Rather, after the funeral, he continues sitting in the sukka, and the shiva begins only after the festival.

An onen, one whose close relative died but has not yet been buried, is exempt from the mitzva of sukka, as he is preoccupied with the mitzva of burying the dead, and therefore exempt from engaging in other mitzvot (MB 640:31; SHT ad loc. 48).

13. Travelers and Those Engaged in Mitzvot

One who leaves his home to perform a mitzva, such as attending to a patient in the hospital, is exempt from sukka. There is a general principle that “one who is engaged in one mitzva is exempt from another mitzva” (“Osek be-mitzva patur min ha-mitzva”). The bother of seeking or walking to a sukka may impair his fulfillment of the mitzva he is already engaged in (Sukka 25a). Even if there is a sukka nearby, if there is concern that he will not sleep well there, he should sleep where he will sleep best. However, if he can fulfill the mitzva of sukka with no trouble, and it will not impair his fulfillment of the mitzva he is already engaged in – for example, there is a comfortable sukka nearby – then when the patient does not need him close by, he should eat and sleep in the sukka (SA 640:7; MB ad loc. 37-38).

Soldiers who are on guard duty and have no free time are considered to be engaged in a mitzva and need not go to the trouble of building themselves a sukka. However, their commanders, who are tasked with seeing to their wellbeing, should make sure to put up a comfortable sukka in which the soldiers can eat and (security permitting) sleep.

As a rule, one may not work on Ḥol Ha-mo’ed. However, there are exceptions to this rule, like people who work in bakeries and dairies (Peninei Halakha: Mo’adim 11:3). In these cases, if going to the sukka during work hours is troublesome for a worker, he is exempt from the mitzva of sukka due to the principle of “‘teshvu’ – ke’ein taduru.” Just as all year long they do not take the trouble to eat in a set dining room, so too on Sukkot, they are not required to take the trouble to eat in a sukka. If all year long they would prefer to eat in a cafeteria if there is one nearby, so too on Sukkot, they must eat in a sukka if there is one that they can use without troubling themselves.

Similarly, if one must take a business trip on Ḥol Ha-mo’ed to avoid the loss of a significant amount of money, and it would be troublesome for him to find a sukka while traveling, he may eat outside a sukka. If he is traveling by day, he is obligated in the mitzva of sukka at night. However, if putting up a sukka or traveling to one will take hours and harm the goals of the trip, he is exempt at night as well (SA and Rema 640:8; Levush; BHL s.v. “holkhei”).

One who must have a medical procedure on Sukkot that will cause him pain, to the point that he is considered a mitzta’er, is exempt from sukka as long as the pain endures. However, if the treatment can be performed before or after Sukkot, and he nevertheless decides to do it on Sukkot, then even though he is in pain, he is obligated in sukka. Since he unnecessarily inserted himself into a situation that makes him a mitzta’er, he is not exempt (Or Zaru’a; Hagahot Asheri; Rema 640:3).

14. Outings

Families who want to go on an outing need to plan ahead so that they can eat their meals in a sukka. If they decide to go somewhere without a sukka, they should make sure not to eat se’udot keva during the trip. Rather, they should make do with fruits, vegetables, and a little bit of mezonot (above, section 5). Some disagree and maintain that when traveling, one may eat even se’udot keva outside of a sukka. Just as during the year, one who is traveling is not meticulous about eating in a house under a roof, so too on Sukkot, a traveler need not take care to eat in a sukka. Nevertheless, it seems that being lenient in this case is not appropriate. Only someone who is compelled to travel is exempt from sukka. But someone who decides to go on a pleasure trip is making a conscious decision to neglect the mitzva for no compelling reason, so he may go on a trip only if he takes care to eat all se’udot keva in a sukka.^[17]

As a rule, one should make sure not to waste Ḥol Ha-mo’ed on outings, as these holy days are meant for Torah study and festive meals. As I have written elsewhere, half the day should be dedicated to God, i.e., spent on study and prayer (Peninei Halakha: Mo’adim 10:6). The reason that melakha is forbidden on Ḥol Ha-mo’ed is to enable Torah study (y. Mo’ed Katan 2:3). When one devotes the holidays to his own pleasures, God says to him, “These are not My festivals, but rather yours.” About such people it says, “Your new moons and fixed seasons fill Me with loathing; they have become a burden to Me; I cannot endure them” (Yeshayahu 1:14). However, those who dedicate Ḥol Ha-mo’ed to Torah, prayer, and festive meals are beloved of God (Shelah, Sukka, Ner Mitzva 31).

Some trips have a mitzva element. One example is visiting one’s rabbi whom he does not see on a monthly basis. Another example is visiting Jerusalem in order to enjoy its courtyards, come close to the Temple Mount, and pray at the Western Wall; this is a quasi-fulfillment of the mitzva to make a pilgrimage to the Temple (Peninei Halakha: Mo’adim 1:16-17; 10:6). When people are on these types of trips and it is difficult for them to find a sukka, they may eat se’udot keva without one.

01. The Mitzva of the Four Species (Arba’at Ha-minim)

On Sukkot there is a mitzva to take the four species: etrog (citron), lulav (palm branch), hadas (myrtle), and arava (willow). As we read: “On the first day you shall take the fruit of a hadar tree, branches of palm trees, boughs of dense-leaved trees, and willows of the brook, and you shall rejoice before the Lord your God seven days” (Vayikra 23:40). The Gemara elaborates: “The fruit of a hadar tree” refers to an etrog; “branches of palm trees” to a lulav; “boughs of dense-leaved trees” to hadasim; and “willows of the brook” to aravot (Sukka 35a; see Me’iri and Ritva ad loc. and Rambam’s introduction to Peirush Ha-mishnayot).

Since the lulav is the tallest of them all, the mitzva is referred to as “taking the lulav,” and the berakha recited is “Who has made us holy through His commandments and has commanded us about taking the lulav” (“al netilat lulav”).

On a Torah level, the mitzva only applies on the first day, as we read, “On the first day you shall take.” Only in the Temple precincts are we commanded to take the lulav each day, as we see from the continuation of the verse, “and you shall rejoice before the Lord your God seven days.” In practice, since there is a mitzva to go up to the Temple on the three pilgrimage festivals, in Temple times many Jews performed the mitzva of lulav for seven days.

After the destruction of the Temple, R. Yoḥanan ben Zakkai ordained that the lulav should be taken for seven days everywhere, to commemorate the Temple. Such commemorative practices are very important, as our Sages tell us that by remembering the Temple and continuing to observe the mitzvot that were observed there, we help to restore what was lost with the destruction and exile and hasten the redemption (Sukka 41a).

We take one etrog, one lulav, three hadasim, and two aravot. In pressing circumstances, one takes just one hadas and one arava but does not recite the berakha (SA 651:1).^[1]

If any one of the four species is very small, it is invalid. The minimum sizes are: an etrog must be at least an egg’s volume; the spine of the lulav must be at least 4 tefaḥim long; hadasim and aravot must be at least 3 tefaḥim long. There is no maximum size. As long as one can carry them, they are kosher. We will expand on these laws below (sections 7-9, 12; nn. 4, 6).

02. Expressing the Unity of the Jewish People

In order to fulfill the mitzva, all four species must be taken. If any one of them is missing, the mitzva cannot be fulfilled (Menaḥot 27a). Le-khatḥila they should be taken together, the lulav bundled with the hadasim and aravot. However, be-di’avad, if someone took them serially, he has fulfilled the obligation (SA 651:12; see 5:2 below).

This halakha teaches us something profound. Our Sages say that just as among the four species there are two that produce fruit (lulav and etrog) and two that do not (hadas and arava), so too, in Israel there are Torah scholars and people of action. Just as the presence of all four species is necessary to fulfill the mitzva, so too the presence of both scholars and doers is necessary for the nation to thrive. Scholars cannot survive without doers, who help support them; and doers cannot survive without scholars, who enrich their lives with spiritual content and help connect them to the next world (based on Menaḥot 27a; Ḥullin 92a; Tanḥuma Emor; R. Yitzḥak ibn Gi’at, Hilkhot Lulav).

A more elaborate midrash explains that the four species represent four types of people. The etrog, which both tastes and smells good, corresponds to Jews who are full of both Torah and good deeds. The lulav (date palm), whose fruits taste good, but which has no smell, corresponds to Torah scholars who are full of Torah but do not perform many good deeds. The hadas, which smells good but has no taste, corresponds to people who perform good deeds but are not Torah scholars. The arava, which has neither taste nor smell, represents simple Jews who do not have much Torah or many good deeds. At first glance, we might think that their lives are not worth that much, and they will be unable to reach the next world. But God says: “Bundle them all together, and they will atone for one another.” When this is done, God is exalted and the supernal chambers are built up, as we read (Amos 9:6): “He builds His chambers in heaven when His bundle is established on earth” (Vayikra Rabba 30:12).

Our Sages further suggest that the four species correspond to the founders of the Jewish people: the three patriarchs and Yosef, or the four matriarchs. They also suggest (based on wordplay) that the species hint at the Sanhedrin and Torah scholars (Vayikra Rabba 30:9-11).

03. Additional Symbolism

The Torah links the principle of hidur (beauty) to the etrog, which both tastes and smells good, corresponding to wholesome people who both study Torah and perform good deeds, and thus alluding to the wholesomeness that will be achieved in the future. As we will learn, we are more meticulous about the hidur and magnificence of the etrog than we are about the other species.

The lulav corresponds to Torah scholars, who represent the holy Torah, even if they do not perform many good deeds. Just as the lulav is taller than all the other species, so the Torah is above everything. The Sages ordained that the berakha is recited on the lulav, indicating that there is nothing more exalted than the Torah.

The basic condition for Torah study is that it must remain connected to, and united with, the entire Jewish people. Even though Torah contains different opinions and perspectives, it all comes from a single source, and the pieces will ultimately join together again. The unique form of the lulav expresses this unity. Its leaves grow on opposite sides of the spine, but they remain close to it, in unity. There are many leaves, but they are not separate. Rather each one overlaps with the next and just adds a little bit of its own. Together, the leaves cover the spine. Furthermore, each leaf is actually two leaves, held together at the tip (the tiyomet, as explained in section 6). The straightness of the lulav also expresses unity, as it is entirely oriented toward one goal. If a lulav is crooked, it is invalid because it faces in two directions. Thus, our Sages state, “Just as the palm has only one heart, so too Israel has only one heart, for their Father in Heaven” (Sukka 45b). Additionally, our Sages state, “The palm branches (kapot) are Torah scholars, who force (kofin) themselves to learn Torah from one another” (Vayikra Rabba 30:11). Thus, the lulav alludes to Torah, which has disagreements and different views that all stem from one source and share a common goal. This idea should inspire Torah scholars to increase peace and unity in the world. (See Berakhot 64a and Ein Aya ad loc.)

Hadasim allude to mitzvot and good deeds. The impact of good deeds radiates outward like a pleasant fragrance. The Sages say that the righteous are referred to as hadasim, and it is in their merit that the world endures (Sanhedrin 93a). It is through the practice of mitzvot that holiness is revealed in the activities of daily life. This discloses the value of this world, and it thus is worthy of enduring. The hadasim also allude to the mitzva to procreate and to educate one’s children. Its threefold leaves express increase, and the Sages say that the hadas alludes to our forebears Yaakov and Leah: “Just as the hadas is surrounded by leaves, so Yaakov was surrounded by children…and so Leah was surrounded by children” (Vayikra Rabba 30:10). Women who undertake the difficult jobs of having children, bringing them up, and educating them are the ones who primarily have the privilege of revealing the holiness of daily life.

At first glance, it would seem that the arava has no stature at all. It has neither aroma nor taste, neither Torah nor good deeds. But it has incredible growing power and expresses the vitality and beauty of this world, the “common decency” which precedes Torah study. Therefore, the arava has great value, just as the vitality of simple Jews sustains Torah scholars and doers. Out of this vitality, Torah giants grow. We are witness to this frequently – people who are notable for their Torah knowledge or good deeds emerge from simple families.

Furthermore, the arava expresses the condition of Israel in this world. On the one hand, this world naturally has tremendous potential for growth, and through it God’s name can be sanctified in incomparable ways. On the other hand, holiness does not regularly manifest itself in this world. So too, the arava has no taste or smell, and when it does not receive water, which alludes to Torah and faith, it withers rapidly, just as when our Temple was destroyed, and we were exiled. We also find the Sages stating (Vayikra Rabba 30:10) that the arava alludes to Raḥel and Yosef: On the one hand, the existence of the Jews in this world is thanks to them, for all of Yaakov’s children were born because of his desire to marry Raḥel, and Israel’s continued existence in Egypt was thanks to the actions of the righteous Yosef, who laid the groundwork there that allowed them to flourish. On the other hand, since Raḥel and Yosef were connected to this-worldly life, which tends to distance people from the spiritual source of life, they both died younger than their siblings. Nevertheless, they are the ones who take the primary role in uncovering the redemptive elements in this world. Raḥel and Yosef’s extraordinary beauty alludes to this. This is also what the Sages mean when they say that during the future redemption, all trees will start bearing fruit (Ketubot 112b).

We see that all the species are needed alike, and only by unifying these forces can Israel fulfill its destiny, improve the world, and benefit all of creation in accordance with the word of God.

04. What Invalidates the Four Species

There are five categories of disqualification that invalidate the four species:

• The species must be those which the Torah specifies, and no others. The “fruit of a hadar tree” is an etrog and not a lemon. Even a hybrid etrog is invalid (section 10 below). “Boughs of dense-leaved trees” are hadasim with threefold leaves, not wild hadasim. One must take a willow branch, not a poplar branch.
• They must retain their natural form. Thus, if the leaves of the lulav grow on only one side, or most of the leaves of the hadas or arava have fallen off, they are invalid.
• They must be of the required size. If they are too small, they would not be referred to as “the fruit of a hadar tree” or “branches of a palm tree” or “boughs of dense-leaved trees” or “willows of the brook” (as explained in sections 7-9 and 12 below).

If a specimen does not meet these three requirements, it is invalid for the entire festival.

• They must possess hadar (beauty, aesthetic pleasantness), that is, they have not lost their natural form and beauty – for example, by completely drying out, even if they retain their basic shape. Most poskim invalidate specimens that lack hadar only on the first Yom Tov (Rambam; Ramban). Others say that this invalidates them all seven days (Rosh).
• They must be whole. When it comes to an etrog, this means it must not be missing any flesh (section 11 below); regarding a lulav, it means the tiyomet must not be split (section 6 below). These defects invalidate the lulav and etrog on the first Yom Tov, but do not invalidate them during the rest of the festival. (See Sukka 34b; Tosafot ad loc. s.v. “she-tehei”; Rashi on 36b, s.v. “u-meshaninan.”)

Thus, to disqualify a specimen, it must have undergone a significant change. It follows that the stress that some people feel when choosing their specimens is unwarranted. True, in the upcoming sections we will deal extensively with the various defects that invalidate the four species, but these issues rarely come up.

Even though most of the specimens on sale are kosher, Jewish practice is to enhance the mitzva by choosing beautiful specimens, as the Torah says, “This is my God and I will glorify Him (ve-anvehu)” (Shemot 15:2), which the Sages expound to mean: “Beautify (hitna’eh) yourself before Him through mitzvot: Make a beautiful (na’ah) sukka, a beautiful (na’eh) lulav…” (Shabbat 133b). This, however, should not be a source of stress.

When circumstances are pressing and it is impossible to obtain kosher specimens, one may fulfill the mitzva using specimens that lack hadar or are not whole (requirements 4 and 5 above), such as a lulav which is dried out or has a split tiyomet. According to most poskim, one even recites the berakha when taking them; others say that one does not recite it.^[2]

In addition to the five types of disqualification, which relate to the specimens themselves, one also does not fulfill the mitzva with a stolen specimen. On the first Yom Tov, even a borrowed specimen is invalid (as explained below in section 13). Additionally, anything dedicated for idolatry is invalid to fulfill the mitzva (SA 649:3).

05. The Lulav

Lulav leaves grow from both sides of the lulav and cover the spine. A lulav is invalid if it has leaves on only one side of the spine, while the second side is bare (SA 645:3). Generally, the lulav’s leaves grow one atop the other, covering the entire spine. If its leaves are so short that one leaf does not reach the one above it, it is invalid (SA 645:4).

The branches of the palm tree begin as lulavim, branches whose leaves are all tight to the spine. As the branch continues to grow, the leaves open, forming the fan-like branches that people associate with date trees. At this point they are referred to as ḥariyot.

Le-khatḥila it is best if the leaves of the lulav are tight to the spine, such that if the lulav is left on a table, the leaves still cling tightly to it without assistance. If the leaves of the lulav have started to open, the lulav is kosher as long as the leaves can be bound together and pulled tight to the spine. This is referred to as “a lulav whose leaves have separated.” If the opening leaves have hardened so that it is impossible to bind them together and draw them flat to the spine of the lulav, then the lulav is invalid. This is referred to as “a lulav whose leaves have broken free” (Sukka 29b; SA 645:1-2).

If the lulav has become so crooked that it is semicircular, like a scythe, it is invalid. If it is not so crooked, it is kosher but not mehudar (especially beautiful), as straightness is a feature that makes a lulav beautiful. If it is bent like a scythe, but the curve is toward the spine, this is somewhat common natural curvature, so the lulav is kosher (SA 645:8).

If the spine is bent over at an angle, it is invalid (SA 645:9). Some say that even if just the leaves are bent at an angle, the lulav is invalid (Taz; MB ad loc. 40-41). However, if just the tips of the uppermost leaves are bent like the letter vav, the lulav is kosher, as some lulavim grow this way.

Some say that if the tips of the uppermost leaves are bent over like the letter peh, resembling a button (a “knepel”), the lulav is invalid (Ran and Ritva). Others maintain that such a lulav is actually mehudar, as this ensures that the tiyomet of the upper leaf will not open (Rosh). In practice, this lulav is kosher, as many lulavim grow this way. However, since some are stringent, it is not considered mehudar (SA 645:9 and MB ad loc. 42).

06. A Split Tiyomet

Every leaf in a lulav is comprised of two leaflets joined together by the posterior edge. The place where they are joined is called the “tiyomet,” because it makes each pair of leaflets resemble conjoined twins (“te’omim”). As the lulavim continue to grow and develop into ḥariyot, the tips of the leaves open up. The first to open is the central, uppermost leaf in the lulav. Since the leaves of the lulav are naturally closed because they are connected at the tiyomet, when the tiyomet opens, the lulav is considered deficient, not whole. Thus, even though it still looks like a lulav, it is disqualified for use on the first Yom Tov, as all the species must be whole. However, it may be used on subsequent days.

The poskim disagree about how to define a split tiyomet. Some say the lulav is invalid only if most of the tiyomot of most of the leaves are split (Rif and Rambam). Others say the law of the split tiyomet applies only to the upper, central leaf, since it is the most prominent and discernible of the leaves; if most of this tiyomet is split, the lulav is invalid (Ge’onim and Ran). The halakha in practice follows the latter view: on the first Yom Tov, if most of the central tiyomet is split, the lulav may not be used. In truth, in the vast majority of lulavim, most of the central leaf is closed, so almost all lulavim are kosher for use even on the first Yom Tov. Some are meticulous to avoid, le-khatḥila, a lulav whose central tiyomet has even a small split. However, there are very few lulavim where the tiyomet is completely closed, and the more developed and beautiful the lulav, the more likely that a bit of its uppermost leaf will be open. It would seem preferable to use a large, beautiful lulav with a slightly open central leaf than a small, shriveled lulav with a closed upper leaf. If one is concerned that the central leaf will continue to open and be mostly open by the first Yom Tov, he may glue it together to prevent its disqualification.

If there are two leaves at the central tip of the lulav, the tiyomet of each one has to be mostly closed. However, if these two leaves separate from one another, the lulav is kosher since they are two different leaves (MB 645:15; Pri Megadim, Mishbetzot Zahav ad loc. 4).

Some prefer to use a lulav which has “korei,” a flaky brown membrane that keeps the leaves together. In their view, as long as there is a korei on the leaves, they are considered closed. However, others say that le-khatḥila it is preferable to take a lulav without a korei, for two reasons: First, they maintain that the korei does not ensure that the central leaf is closed. True, it is not necessary to worry that it is mostly split underneath the korei, because that is extraordinarily rare, but it is possible that a small split is hidden underneath, which is not mehudar according to some. Second, Ashkenazic custom is to shake the lulav in such a way that it rustles. When a lulav has korei, this cannot be done.^[3]

07. The Requisite Size of a Lulav and a Canary Island Date Palm Lulav

If most the upper leaves of a lulav were pared or truncated, or the central leaf is pared or truncated, the lulav is invalid for use on the first Yom Tov (SA and Rema 645:6). If there is a thorn-like protrusion on the tip of the uppermost leaf, it is not considered part of the lulav, so even if it is singed or cut off, the lulav is kosher even according to the most meticulous.

A lulav whose uppermost leaf ends in a zigzag, as sometimes happens, is kosher le-khatḥila.

If most of a lulav’s leaves have dried out and turned white, with no green left at all, the lulav is invalid (SA 645:5).

The spine of a lulav must be at least 4 tefaḥim tall (c. 32 cm, or 25.3 cm in pressing circumstances). This is the minimum size required to fulfill the obligation. However, it is a hidur for the lulav to be tall, as is accepted (MA 672:3).^[4]

In recent times a question has arisen concerning the validity of lulavim from a particular species of date palm imported from the Canary Islands. The Canary Island date palm differs from the common date palm in several respects: its leaves are shorter, denser, and softer; it is greener, and its dates do not taste good; its spine is softer and more flexible, bending in whichever direction it is tilted.

Those who deem the Canary Island date palm acceptable maintain that since it comes from a palm tree that produces dates, it is kosher, despite all the differences (Tzitz Eliezer 8:22; R. Shlomo Zalman Auerbach). Others say that since its dates are not so edible and it differs from the common date palm in so many ways, it does not qualify as the “branches of palm trees” referred to in the verse (Igrot Moshe, OḤ 4:123). In practice, since there are acceptable species of the date palm similar to the Canary Island date palm, the reasoning of those who are lenient seems more convincing. Nevertheless, since this is the subject of dispute, it is preferable to avoid using a lulav from a Canary Island date palm. When circumstances are pressing, one may rely on those who are lenient, use it, and recite the berakha.

08. The Hadas

“Boughs of dense-leaved trees (anaf etz avot)” are myrtle branches whose leaves grow in groups of three, look like braids, and cover the stem, making them look like densely-leaved boughs. Each group of three leaves must sprout from the same node, that is, from the same height; if a hadas has one leaf higher or lower than the other two, it is referred to as a “wild hadas” and is invalid (Sukka 32b; SA 646:3). A healthy, vibrant hadas normally has three leaves sprouting from each node. One need not be too exacting; as long as the three leaves appear to the naked eye to sprout from the same height along the branch, they are threefold, even if one is in fact slightly higher than the others.^[5]

Three hadasim must be taken together with the lulav, and each must be at least 3 tefaḥim tall (c. 24 cm; under pressing circumstances, 19 cm). There is no limit on how long a hadas may be. Even if it is very long indeed, it is still kosher, but when bundling the hadasim and lulav together, one should make sure that the lulav extends at least a tefaḥ higher than the hadasim (SA 650:1-2; see 5:2 below).

Le-khathila, the threefold leaves must cover the full length of 3 tefaḥim, as some maintain that the hadas is invalid otherwise (Ge’onim). However, in practice, if the threefold leaves cover most of the 3 tefaḥim, the hadas is kosher, as this is the position of most poskim (Raavad; Rosh; SA 646:5). Even if the branch is 4 tefaḥim long or more, as long as the threefold leaves cover the majority of 3 tefaḥim, it is kosher. If there are at least 3 full tefaḥim of threefold leaves, even if the branch also has leaves that are not threefold, the hadas is kosher even for the most scrupulous (Baḥ; see BHL 646:9, end of s.v. “u-le’ikuva”).^[6]

The hadas produces small berries. They start out green and turn red and black. If the berries are green, the hadas is kosher. If they are red or black, and the number of berries exceeds the number of leaves across 3 tefaḥim, the hadas is invalid because it is of a spotted color. If one picks off the berries, it reverts to being kosher, but one may not remove the berries on Yom Tov, as it looks like he is fixing something (Sukka 33b; SA 646:2, 11).

Sometimes additional branches grow between the leaves. It is recommended to prune them (SHT 646:36).

If the top of a hadas is truncated, it is preferable to take a different one, as some maintain that such a hadas is invalid (Raavad; Ha-ma’or). If no other hadas is available, the branch should be cut in such a way that the leaves hide the truncated part, and then one may recite a berakha on it (SA 646:10; SHT ad loc. 32).

A hadas whose leaves have withered is still kosher. However, if it has become completely desiccated, to the point that it crumbles to the touch and lost all its greenness, it is invalid. If the hadas was soaked in water for a day and is no longer blanched and crumbly, we see it was not entirely desiccated, and it is kosher (SA 646:6-7; MB ad loc. 20).

09. The Arava

There are three criteria that an arava must meet: 1) The leaves are elongated, like a brook, but not symmetrical; 2) the edges of the leaves must be smooth; 3) the stem must be reddish – even if it is green when young, it must be of a species that reddens later. The poplar is similar to the arava, but it lacks those features. Its leaves are symmetrically elongated, its leaves are serrated, and its stem is green. True, there is a type of arava whose leaf edges are not smooth, but its serrations are gentler than those of the poplar (Sukka 33b; SA 647:1).

Since most aravot grow alongside streams, they are known as “willows of the brook.” Still, this is not a necessary condition for a kosher arava; rather, any type of willow, even one that grows in the mountains or deserts, is absolutely kosher, even for the most meticulous.

One must take two aravot together with the lulav. Each arava must be at least 3 tefaḥim long (c. 24 cm, or 19 cm under pressing circumstances; see notes 4 and 6). There is no limit as to their length; they are kosher even if very long. However, when bundling the aravot with the lulav, one should make certain that the lulav extends at least a tefaḥ above the aravot (SA 650:1-2; below, 5:2).

The primary characteristic of the willow tree is that it is full of vitality and growth potential, so naturally it grows near water. When an arava is deprived of water, it quickly dries out. If most of its leaves dry out, to the point where it pales and loses its greenness, it is invalid. If the leaves are withered but not completely dried out, it is kosher be-di’avad (SA 647:2). Since aravot dry out quickly, those who are meticulous replace their aravot several times during the course of the festival. Sometimes, if the aravot are kept in a sealed plastic case and removed only to be used for the mitzva, their beauty is preserved for the entire festival.

If most of the leaves fall off an arava, it is invalid. One must watch out for this, because sometimes leaves get pulled off when inserting the aravot into the lulav bundle (SA 647:10).

If the top of an arava was truncated, the arava is invalid because it lacks hadar. However, if the top leaf falls off but the stem remains whole, it is kosher (MB 647:10).

10. A Grafted Etrog and the Status of the Pitam

The “fruit of the hadar tree” that we are commanded to take on Sukkot is the etrog. The identity of the etrog is a tradition passed down from generation to generation. Just as with all fruits, there are different varieties of etrog: some large, some small, some yellow, some greenish – and all kosher.

A few hundred years ago, a serious problem arose. Since the etrog tree is delicate, sensitive, and susceptible to disease, its cultivators (most of whom were non-Jews) often grafted an etrog branch onto a lemon or bitter orange tree. Although some poskim were lenient about these etrogim, the accepted ruling is that an etrog that grows from a grafted tree is invalid. For the Torah commands that an etrog be taken, whereas a grafted etrog is considered a new being or a combination of two fruits, an etrog and whichever tree the etrog branch was grafted to (Rema; MA; Shvut Yaakov). Others invalidate it because it is the product of a prohibited action – it is forbidden to graft the branch of one tree onto the trunk of another (Levush). Nowadays, etrog growers are careful to avoid hybrids, so one can rely on sellers when they state that their etrogim are not grafted.

All etrogim start out with a pitam (blossom-end), but it usually dries out and falls off while the etrog is very small. These etrogim without a pitam are kosher le-khatḥila and are not deficient in any way, as this is how they grow. There are some varieties of etrogim that are more likely to retain their pitam. Sometimes the pitam is very robust and fleshy, and other times it is dry and woody. There is a spray that stops the pitam from drying out and falling off, and cultivators who want to grow etrogim with fleshy pitams use it.

A fleshy pitam is the same color as the etrog, and its flesh resembles the flesh of the etrog. At its tip is a shoshanta (stigma), a dry, woody flower knob. The fleshy pitam has the same status as the tip of the etrog in every respect. Any deficiency or stain that invalidates the etrog when found on its sloping top (“nose”) also invalidates it when found on the fleshy part of the pitam. With regard to the shoshanta, if it is entirely missing, the etrog is invalid, but if enough remains of it to cover the flesh of the pitam, the etrog is kosher. (See Harḥavot 4:10:7-9.)

The status of a woody pitam is more lenient. If the pitam is completely missing, so that nothing at all protrudes, the etrog is invalid. If even a tiny bit of it remains protruding from the etrog, the etrog is kosher (SA 648:7; MB ad loc. 30).

If the entire oketz – the end of the branch that joins the etrog to the tree – is missing and the flesh of the etrog is visible, the etrog may not be used for the first Yom Tov because it is deficient. If enough of the oketz remains to cover the flesh of the etrog, the etrog is kosher and may be used even on the first Yom Tov (SA 648:8; MB ad loc. 33).

11. Deficiency and Stains

An etrog that was pierced and is missing a piece (ḥaser, deficient) is invalid for use on the first Yom Tov, as the etrog used then must be whole, as it is written: “On the first day you shall take (u-lekaḥtem)” (Vayikra 23:40). Our Sages expound: “lekaḥtem” means “lekiḥa tama” – something whole must be taken. However, during the rest of the festival, even if part of the etrog is missing, it is kosher. Even on the first Yom Tov, if the etrog was damaged by a thorn, and it is uncertain whether the etrog is missing a part, the etrog is kosher. Additionally, even if it is clear that the etrog was missing a piece, but it continued to grow and the site of the damage scabbed over, the etrog is kosher for the first Yom Tov (SA 648:2; Harḥavot 4:11:1-4).

If a ḥazazit – a sort of festering lesion – is found on the etrog and cannot be peeled off without removing some of the etrog’s flesh, then if the ḥazazit covers most of the etrog, it is invalid. Similarly, if a ḥazazit was found in two or three places that are spread out over most of the etrog, even if the ḥazazit, in the aggregate, does not cover most of the etrog, the etrog is invalid since it looks spotted. If the ḥazazit appears on the nose – the sloping upper part – of the etrog, even if it is small, if it stands out to a cursory glance, the etrog is invalid. A black, white, or strange-colored stain has the same status as a ḥazazit (SA 648:9-13, 16). These lesions and stains are very rare, as only anomalies invalidate the four species.^[7]

Common yellow, gray, and brown stains (bletlekh) do not invalidate the etrog, as they are normal for etrogim. These stains are generally caused by the etrog’s contact with leaves and branches, which lightly scratch it. The scratch causes the discharge of a liquid that forms a crust on the outside of the etrog. If these stains protrude and cannot be removed without taking off some of the flesh of the etrog, some people avoid using this etrog except in pressing circumstances (MB 648:50, 53). However, in practice, even if the stains protrude and cannot be scraped off, they do not invalidate the etrog, since they are commonly found on etrogim. Nevertheless, the more stains an etrog has, the less beautiful and mehudar it is.

It should be noted that after an etrog is picked, if it absorbs a light blow, there is concern that it will be damaged and discharge some clear liquid that will form a brown stain on the site. Though this stain does not invalidate the etrog, it does impair its beauty. For this reason, people generally wrap their etrog in flax or styrofoam mesh. If an etrog absorbs a blow, the discharged liquid should be rinsed off so that no stain forms.

12. More Laws Concerning the Etrog

A black etrog is invalid, because this is not the normal color of an etrog (SA 648:17). An etrog that is dark green is invalid because it is immature. But if it is clear that it will turn yellow under the right circumstances (e.g., if left to ripen with apples), even when it is still dark green, it is kosher (SA 648:21). An etrog that has turned orange is kosher (Mor U-ketzi’a 648).

For an etrog to be kosher, it must be fit to eat. Therefore, an etrog is invalid if it is orla or if it has not had teruma and ma’aser taken from it (MT, Laws of Shofar, Sukka, and Lulav 8:2).

An etrog is invalid if it is smaller than a keveitza (c. 50 cc), because it is immature. However, if it is a keveitza, then even though it is still unripe, it is kosher. There is no upward limit on size. Even if carrying an etrog requires both hands, it is kosher (SA 648:22). Some are stringent and require the etrog to be at least the volume of two eggs(100 cc). Although we do not follow this opinion, but rather rule that an etrog of 50 cc is kosher (Peninei Halakha: Berakhot 10 n. 11), le-khatḥila it is preferable to beautify the mitzva, and part of this is for the etrog to be normal-sized and not small.

A dried-up etrog – one that does not discharge any liquid, so that if one pierces it all the way through with a threaded needle, the thread will remain dry (SA 648:1) – is invalid because it lacks hadar (Sukka 31a and 34b). Any etrog left over from the previous year is assumed to be dried out (Rema ad loc.). However, if it was kept carefully in a refrigerator or a sealed bag, even after a year, it may retain some moisture and thus be kosher (Bikurei Yaakov ad loc. 4; SHT ad loc. 8).

An etrog is invalid if its shape is totally different from that of a regular etrog – for example, if it is round like a ball or was grown in a square container. However, an etrog that has two tops but is fused at the bottom, like conjoined twins, is kosher, as it is not totally different from the standard shape (SA 648:18-20).

13. Borrowed and Stolen

On the first Yom Tov of Sukkot, one must use a lulav that belongs to him, as it is written, “On the first day you shall take (u-lekaḥtem lakhem)” (Vayikra 23:40), which literally reads as “you shall take unto yourselves,” and which the Sages interpreted to mean “of your own (mi-shelakhem),” i.e., the lulav must belong to the person performing the mitzva. Therefore, one cannot fulfill his obligation with a borrowed lulav on the first Yom Tov. During the rest of the festival, there is no requirement that the lulav belong to the person performing the mitzva, and one may fulfill the mitzva with a borrowed lulav.

If, however, a lulav’s owner gives his lulav to someone as a gift, the recipient can fulfill the mitzva with it even on the first Yom Tov. In order to avoid the possible complication of the recipient refusing to return the lulav, the owner should give the lulav to the recipient on condition that the recipient returns the lulav to him (matana al menat le-haḥzir); if the recipient does not return it within a reasonable amount of time, the condition has not been fulfilled, and the gift is annulled (Sukka 41b; SA 658:3-4).

According to halakha, a minor (a child under the age of bar or bat mitzva) can accept a gift but cannot give one. Therefore, if an adult gives a minor a lulav as a gift, the minor is unable to return it. Thus, on the first Yom Tov, one must make sure to give a minor the lulav only after all the adults have already fulfilled the mitzva (SA 658:6; see below, 5:6 n. 5).

If one of the four species is stolen, no matter how beautiful, it is invalid for performing the mitzva throughout Sukkot, as it is a “a mitzva that comes through sin” (mitzva ha-ba’a ba-aveira). However, if the owner of the stolen lulav has despaired of getting it back, and the thief gave or sold it to a third party, one may use it to perform the mitzva, since it is no longer in the thief’s possession. Nevertheless, it is forbidden to recite a berakha on this lulav, even if it was passed on to someone else, who passes it along to someone else, and so on; as long as the lulav is known to be stolen, one may not recite a berakha on it, and one who does is considered to be cursing instead of blessing (BK 94a; SA 649:1; MB ad loc. 6).^[8]

If someone who does not have a lulav arrives at the synagogue and sees a lulav there, he should ask the lulav’s owner for permission to use his lulav to perform the mitzva. If the owner is nowhere to be found and there is no way to ask his permission, the person may use the lulav without permission. It has the status of a borrowed lulav and thus cannot be used to fulfill the mitzva on the first Yom Tov, but it can be used during the rest of the festival. Normally, someone who takes an item without permission is considered a thief. However, in this case, as the person is taking something to use for a mitzva, the Sages presume that people want their belongings to be used for mitzvot. This is on condition that the borrower does not take the lulav from its place and is very careful with it (Rema 649:5). If the lulav owner is known to be especially particular about his belongings, then it is forbidden to use his lulav without his permission, even to perform the mitzva (MB ad loc. 34).

14. Hidur Mitzva – Beautifying the Mitzvot

There is a mitzva to beautify mitzvot, as it is written, “This is my God, and I will glorify Him (ve-anvehu)” (Shemot 15:2), which the Sages expound to mean: “Beautify (hitna’eh) yourself before Him through mitzvot: Make a beautiful (na’ah) sukka, a beautiful (na’eh) lulav, a beautiful shofar, and quality tzitzit. Have a beautiful Torah scroll, written for the sake of heaven by a skilled scribe using quality ink and a quality quill, and wrap it in a beautiful silk covering” (Shabbat 133b). Along these lines, we find that God accepted the offering of Hevel, who brought his best and fattest sheep, while He did not accept Kayin’s stingy offering of simple fruits and vegetables (Bereshit 4:3-5; MT, Laws of Altar Prohibitions 7:10-11).

Our Sages tell us that in order to beautify a mitzva, one should be prepared to spend up to a third over and above the basic price of the item (Bava Kamma 9a). For example, if one went to the market and found kosher lulavim at different prices, it is a mitzva for him to add a third to the price of the simplest lulav in order to buy a nicer one. If he wishes to further beautify the mitzva by spending even more for an even better lulav, God will reward him. This is on condition that the additional spending will not be at the expense of his fulfilling other, more important mitzvot or of his ability to pay his bills or provide for his household.

So, if one has three possible lulav sets to buy – a kosher set that costs $30, a nicer set for $40, and an even nicer set for $50, the mitzva to beautify requires him to add a third (i.e., add $10 beyond the $30 price of the basic set) and buy the $40 set. If he wants to beautify the mitzva even more, he may buy the $50 set, and God will reward him.

This all applies to the average person. But for someone whose financial situation is precarious, there is no mitzva to add a third (Yam Shel Shlomo; MA; MB 656:6). Conversely, if one is fortunate enough to be wealthy, it is appropriate for him to pay more than an additional third to beautify the mitzvot. This is especially true of someone who generally buys expensive clothing and furniture and is prepared to pay several times the basic price of those items. He should be prepared to spend similarly on mitzvot.^[9]

01. The Time of the Mitzva

The lulav is taken by day, not by night. It is customary to take the lulav at Shaḥarit. However, if one did not take it then, he should take it later. If the sun has already set, he should take it without reciting a berakha. Once the stars are out, he has lost the mitzva for the day (SA 652:1; MB ad loc. 2).

It is a mitzva to take the lulav while reciting Hallel and to shake it while reciting the verses, “Hodu la-Shem ki tov ki le-olam ḥasdo” (“Thank the Lord for He is good, for His kindness endures forever”) and “Ana Hashem hoshi’a na” (“Lord, please, save us”). The Sages instituted a berakha to be recited before taking the lulav. While it is generally recited before Hallel, some recite it earlier, before prayers, in the sukka (section 3 below).

Le-khatḥila one should not take the lulav before sunrise. However, if one needs to set out early and will not be able to take the lulav after sunrise, he may take it and recite a berakha once dawn has broken (SA 652:1; Peninei Halakha: Prayer 11:2 note 1).

As we have seen (4:1), the Torah commands us to take the lulav on only the first day of the festival. Only in the Temple was there a mitzva to take it all seven days. During Temple times, everywhere in the world except for the Temple, the lulav was taken only on the first Yom Tov; during the rest of the festival, only pilgrims to the Temple took it. If the first day of the festival was on Shabbat, those living in Eretz Yisrael still took the lulav, but to ensure that people would not carry the lulav in the public domain (thus desecrating Shabbat), the Sages instituted that it be taken at home (Sukka 42b). Those who lived outside of Eretz Yisrael did not take the lulav if the first day was on Shabbat, because they did not know with certainty when the month had been sanctified by the beit din. Due to the resulting uncertainty about when the festival begins, they observed two consecutive days of Yom Tov. The extra day is called Yom Tov Sheni shel Galuyot. Since the people did not know for certain that the first day was indeed on Shabbat, the Sages ordained that outside of Eretz Yisrael, the lulav should not be taken at all on Shabbat, not even in the home, lest people mistakenly violate Shabbat by carrying the lulav in a public domain (Sukka 43a). However, because Diaspora Jews observed a second day of Yom Tov, even if one day coincided with Shabbat, they would take the lulav on the other day, and in years when neither day of Yom Tov coincided with Shabbat, Diaspora Jews would take the lulav on both days.

After the destruction of the Temple, the Sages ordained that throughout the world, the lulav should be taken on all seven days of the festival (except on Shabbat), to commemorate the Temple. They also instituted that even in Eretz Yisrael, when the first day is on Shabbat, the lulav is not taken, so that all Israel is uniform in its practice (Sukka 44a). Later, when the calendar was fixed and there was no longer uncertainty about when the first day was, the prohibition of taking the lulav on the first day of the festival when it fell on Shabbat remained in force (MT, Laws of Shofar, Sukka, and Lulav 7:16-18).

Perhaps we can suggest the reasoning behind this ruling. After the destruction, the spiritual impact of the mitzva of lulav was diminished, so it was necessary to reinforce it by having everyone, everywhere take the lulav all seven days. On the other hand, the Sages were very concerned about impinging on the sanctity of Shabbat, for after the destruction, Shabbat remained as the foundation of the vitality and blessing of continued Jewish existence; on Shabbat, we can say, the sanctity of the day accomplished what taking the lulav accomplished on the other days. So to ensure that no one desecrate Shabbat (God forbid), the Sages decreed that on Shabbat, even when it coincides with Yom Tov, the lulav is not taken. In practice, this means that when the first day of Sukkot is on Shabbat, we do not fulfill the Torah commandment of taking the lulav, as taking the lulav during the rest of the festival is rabbinic.