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only a so-called prohibition not to sleep somewhere   reason for the change in custom. Whichever historical
        else. Thus, there is no Hava Amina (initial thought)   explanation one holds by, the basis for the exemption
        that one should recite a bracha upon sleeping in the   is that cold weather caused people discomfort, and
        Sukkah.                                   therefore they were permitted to sleep in their homes.
                                                                               6
                                                  Some Rishonim (see Mordechai ibid  ) take it a step
        Nevertheless, the Nafka Mina is only a theoretical one,   further. Not only were they considered in discomfort
        since even according to Rashi we don’t in fact recite   from the cold, but they were considered to be ill –
        a bracha on sleeping in the Sukkah, but for different   even if not yet but certainly if they would have slept in
        reasons: either since when we make a bracha upon   the Sukkah – and the ill are exempt from the Sukkah
        eating this includes sleeping, or because sometimes it   as well (Shulchan Aruch OC 640:3).
        takes a long time to fall asleep and we are concerned
        that the bracha would be in vain  . 4     Some of the later Poskim accepted this to be the reason
                                                  for the custom, for instance the Aruch Ha’shulchan
                                                  (OC 639:13). Others disagreed, claiming it was not
        Exemptions (and how they might affect the   cold enough during the time of Succot, and that a few
        definition of a Sukkah)                   blankets would suffice to remove the discomfort of
                                                  the weather (DM 639:3). So other suggestions were
        Until  now,  we  discussed  the  definition  of  sleeping
        in the Sukkah. However which ever understanding   proposed.
        we  choose,  we  need  to  understand  why  so  many   Thieves
        generations of G-d fearing Jews were very lenient   Another explanation for this custom is based on the
        about this topic. The Halacha is that if someone is   Gemara (Sukkah 26a) that states:
        in great discomfort (Mitztaer), he is exempt from
        staying in the sukkah (Shulchan Aruch OC 640:4),   “Guards of gardens and orchards are exempt from the
        and this also includes sleeping. However, since we   Sukkah both during the day and at night”.
        have seen the severity of sleeping outside the Sukkah   Why? Two opinions in the Gemara are given. Abaye
        – that even a brief nap is forbidden, we must clarify   holds that since the obligation is to dwell in the Sukkah
        how whole communities had a custom to exempt   is the same way that we dwell at home (see above),
        themselves from it. Were they all suffering, or did they   therefore one must build and equip the Sukkah in
        rely on something else?
                                                  a manner that would replace his home – as we saw
        The Cold Climate                          above he must place there his dishes and furniture.
                                                  Since making such a Sukkah in the orchard, which was
        Many Rishonim mentioned the custom was not to   far from the city, involved considerable exertion, these
        sleep in the Sukkah, and the main reason given was   guards are exempt from building a Sukkah  . 7
        due to the cold weather. This is brought down in
        the  Mordechai  (Sukkah  2:741),  in  the  Me’iri (Bet   The second opinion is that of Rava. He explains that
        Ha’bechira Sukkah 26a) and in Rabeinu Manoach   the exemption is financial. If we would obligate the
        (on the Rambam ibid). Some say that this custom   guards to build a Sukkah and sit in it, thieves would
        started as  Jews begun to live  in colder countries   have an easy time breaking in and stealing, since they
        located in Europe and they were not used to the cold   know the exact location guards are (in the Sukkah).
                                                                                        8
        climate, whilst others point to a global cooling  as the
                                           5
        4   See Tosfot on Brachot 11b sv. “Shekvar”, and Ros”h on Brachot 1:13. There is room for debate if the blessing is in vain only if he does not fall asleep,
        or if the fact that he might not fall asleep shows us that this is not up to him like most other actions that we make a blessing upon.
        5   See further Wikipedia – little ice age.
        6   And perhaps it is also the intent of the Me’iri and the Rabinu Manoach.
        7   This is according to the commentary of Rashi. However other Rishonim explain it in differently.
        8   Once again this is according to Rashi, and there are different explanations by the Rishonim.





        130 · Hilchot Sukkah                                               Tzurba M’Rabanan
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