THE PERMANENT SUCCAH

QUESTION:

A congregation in the South plans to build on its grounds a permanent boothlikc structure which is to be used as a Succah during the festival. Is it permissible to use a permanent structure for this ritual purpose? (Asked by Rabbi Kenneth Segel, New Orleans, Louisiana.)

ANSWER:

AT FIRST BLUSH it would seem to be forbidden to use a permanent structure as a Succah. The law governing the building and the use of the Succah is based on Leviticus 23:44-45, in which the commandment to “dwell in booths” is based upon the statement that God provided booths (Succahs) for the children of Israel in the desert. Upon this verse the Talmud, Succah 2a, comments as follows: On the festival of Succos a man must move from his fixed dwelling place to a temporary or makeshift hut (diras aroy). Therefore, all the laws as to the building of the Succah speak of its light or makeshift construction.

Furthermore, the first Mishnah of the tractate speaks of “an old succah,” and that is defined as a Succah that is already as much as thirty days old. Such a thirtyday-old Succah is deemed invalid by the school of Shammai. On the positive side, it has become an established custom to start building the Succah as soon as Yom Kippur is over—in other words, no earlier than four days before the festival begins. This custom is based upon the chief source of our Ashkenazic customs, Maharil (in his laws on Succos), and is confirmed as a custom by Isserles in the Shulchan Aruch, Orah Hayyim 625:1. All the above regulations would indicate that the permanent structure suggested in the question would be deemed invalid by Jewish traditional law.

However, a deeper study of the matter would reveal that the above objections are not at all crucial. First of all, as to the requirement that it be a “temporary structure,” it is quite permissible to build a Succah, for example, in a garret, provided that the roof or skylight is removed so that those who sit in the Succah can see the sky and the stars through the covering of fir branches (s’chach). There is, of course, a further requirement that the permanent roof of the garret shall not overlap onto the Succah as much as four cubits. If there is less than four cubits of permanent roof over the rims of the Succah, this Succah which is part of the permanent house is quite valid. This is discussed in the Mishnah 1:10 (cf. Bertinoro).

As to the objection to “an old Succah,” i.e., one that is more than thirty days old, the objection is confined only to the school of Shammai; but the school of Hillel declares such a Succah quite valid. This is discussed in the first Mishnah of the tractate; and in the Talmud 9a, the following becomes clear, that it makes no difference how early a man builds it, provided he builds it for the purpose of a Succah. If he built it to be a Succah, not merely to be any sort of booth, then there is no such objection as “an old Succah.” See especially Rashi’s statement (ibid.).

As a matter of fact, it became an established custom in many places to have a permanent structure with a hinged roof—provided, of course, that the hinged roof be lifted out of the way and its place taken by the usual branches (s’chach). It would be invalid to put the s’chach on while the permanent hinged roof is still on the building. The roof must be raised, and when the roof is opened to the sky, the s’chach must be put on. See Isserles to Orah Hayyim 626:3 for a full statement of the use of such a structure. In fact the Talmud itself (in 8b) speaks of buildings built by Gentiles for cattle, or for people to live in, which may properly be used for a Succah if prepared as described above.

Of course, whether the permanent Succah described in the question is a valid Succah would depend, therefore, upon the following: First, that the congregation from the very beginning intends it to be used for the purpose of a Succah. This, indeed, is the fact. Second, that it is not at all sufficient merely to decorate the building with fruits, etc.; the roof must be removed and a temporary roof of branches made. If that is done, the all-around Succah is quite valid according to Jewish tradition.