Page 274 - Chayei Adam LAYOUT sivan 5782

Chayei Adam - K’lal 146 - Laws of the Succah

our locale, I did not elaborate. 144 If all of the walls are [made of] a material which
is kosher for s’chach [it is kosher and] one may even sleep under its walls. 145

]33[ Since [the Torah] writes וב ְּ ׁש ֵּת תֹּכ ֻּסַּב (“in succos”) [spelled] without the letter
ּ
vav, this implies that one should [sit] in one succah, and not in a succah under
another succah. 146 Therefore, if one made two levels of s’chach, one on top of the
other it is posul if each of them provides more shade than sun 147 [provided that]
there is a succah’s worth of space, meaning ten tefachim, between
them. 148 Certainly, if one constructed a succah under the roof of his house it is
posul, and then this is true even if the roof is less than ten tefachim above the
s’chach, because the Torah [commands us to sit] in the shade of the succah and
not in a succah inside a house. 149 The same is true of a succah which is under a
tree. 150 Even if the branches of the tree are few and there is more sun than shade,

םדו רשב
of lavud and the gap is considered filled in, 146. Succah 9b.
resulting in a structure with a short wall. The
Rambam appears to concur, and the Shulchan 147. Chayei Adam’s note: For if it
Aruch quotes his words. Tosfos, Rosh and provides more sun than shade it isn’t called
others אכק however require the space to be s’chach. See Shulchan Aruch 628.
actually filled in, and the Rema rules that it The gemara (Succah 9b) lists four
must be. בכק possibilities of the status of one succah
constructed on top of another: (a) both can
144. The Ran qualifies that the succah must be kosher, if the lower succah has insufficient
be able to contain a structure measuring s’chach, and the upper has s’chach which
seven by seven tefachim and ten tefachim tall. provides adequate shade, and is situated
Although there are some who question this within 20 amos of the ground. In this case,
(see Beis Yosef), the Rema rules clearly that it wherever he sits (i.e. on the ground, or above
must be so. the lower layer of s’chach), he is considered to

145. Both if the s’chach is lifted a tefach off be sitting in a kosher succah; (b) they can
the ground, and if its top edge is distanced a both be posul if they both have adequate
tefach from the wall. Either way, one may sit s’chach and the upper one is more than
under any part which is made of kosher twenty amos tall. Then, the lower one is posul
s’chach (Rema). This is because it is no worse because it is under another succah, while the
גכק
than kosher s’chach which protrudes from a upper one is not a kosher succah, being that it
kosher succah (Biur HaGra). is too tall; (c) it is possible for the lower

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