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According to the explanation of Rava, the Me’iri (ibid)   To summarize, we have seen three explanations given
        and Rabeinu Manoach hold that since sleeping (and   to the custom not to sleep in the Sukkah: A discomfort
        sometimes even eating – Me’iri) in the Sukkah is an   due to the cold climate. B concern of monetary loss
        opening for thieves to loot the houses during Sukkot,   due to thieves. C the union of husband and wife,
        therefore in places that this might happen they are   which in itself has three explanations: 1 the obligation
        permitted to sleep in their homes. This only applies   is only when they could both sleep in Sukkah. 2 the
        when there is a serious chance of being robbed, but   Mitzvah to gladden one’s wife precedes and therefore
        during the daytime where the risk is minimal, there   overcomes  the  mitzvah  to  sleep  in  the  Sukkah.  3
        is no permit to sleep outside the Sukkah (Rabeinu   sleeping separately causes discomfort and thus they
        Manoach).                                 are exempt.
        Husband and wife                          Of course, these exemptions are only to be used in
                                                  great need with a ruling of the local Halachic authority.
        The last reason given for this exemption has to do with
        married couples. The Rema (DM OC 639:3) suggests
        that since the mitzvah is to dwell in the Sukkah the   The Kashrut of the Sukkah
        way we are used to living at home, and at home a
        married couple sleep in the same room, likewise in   However, these exemptions raise a serious question.
        the Sukkah a husband must sleep alongside his wife.   The Rema (OC 640:4) rules according to the
        In the Rema’s times people often did not have a private   Mordechai (Sukkah 2:740) that if someone builds
        Sukkah, and even in our times, in many places around   a Sukkah in a place that will definitely cause him
        the world people share a Sukkah , therefore the wives   discomfort and therefore exempt him, the Sukkah is
                                9
        cannot sleep there. Hence the husbands are exempt.
                                                  not Kosher. This means that even if the discomfort
        There are other suggestions how to explain the reason   is only during one activity (eating or sleeping), the
        of husband and wife. The Taz (OC 639:9) holds that   Sukkah cannot be used for the other one.
        it is based on the rule that someone who is in the   Since, as we mentioned above, many communities
        middle of one mitzvah is exempt from performing   did not sleep in the Sukkah because it was unworthy
        other mitzvot that clash with the first one (see Sukkah   of sleeping (for any of the three reasons), it seems
        25a-26a), and this also applies regarding the Sukkah   that their Sukkot were invalid for use even for other
        (Shulchan Aruch OC 640:7). Since a husband has   activities such as eating. So how could we bring down
        an obligation to gladden his wife during Yom tov   those reasons as exemptions for sleeping, when
        (Shulchan Aruch OC 529:2) he is in the midst of a   seemingly they render the entire Sukkah invalid!?
        mitzvah, and sleeping in the Sukkah clashes with this,
                                                                                11
        hence he is exempt .                      There are a few answers to this question , but we will
                      10
                                                  focus on that of the Aruch Hashulchan (OC 639:11,
        Another suggestion given by the Magen Avraham   640:9). He explains that there are two basic rules
        (OC 639:8) is as follows: The exemption is due to   that must precede the ruling of the Rema mentioned
        discomfort, but not due to the cold weather; rather   above.
        by the separation of husband and wife. Some explain
        that the Rema (ibid) hinted in his words both to   The first rule is that the Sukkah is invalid only if it
        the explanation of the Taz, and to that of the Magen   is unworthy of sleeping at all, for instance a Sukkah
        Avraham.                                  which is smaller than the minimum size. However, if
        9   It is common in certain places to build a Sukkah only by the Shul, either for purposes of room or of money.
        10   However, see Nishmat Adam (part II-III 147:1) who rejects the T”Z since the obligation to gladden the wife is by buying her a gift, and not nec-
        essarily by keeping her company. However, see Sukkah 27b “praised are the lazy ones who stay at home during Yomtev… (because they gladden their
        wives)” which seems to be in accordance with the T”Z.
        11   See further Mg”a (640:6) and his commentators (Pm”g, mch”s’ lv”s, Yad Efrayim), and also the MB and Shaht”z.





        ןנברמ אברוצ                                                          הכוס תוכלה · 131
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