Page 276 - Chayei Adam LAYOUT sivan 5782

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

and the s’chach itself provides more shade than sun, even without the branches, it
is a dispute of the poskim. 151 Since it is a matter of Torah law, we rule
stringently 152 and we view all the s’chach directly under the tree’s branches as if
they didn’t exist, unless there is so much kosher s’chach that if the s’chach under
the branches would be removed, the succah would still have more shade than
sun. This is all [derived] from that which the Torah writes “in succos” without a vav,
to teach us [that one may not sit in] a succah under a succah, nor in a succah
under [the roof of a] house, nor in a succah under a tree. 153 Even if one
subsequently cuts the branches so that they become [part of] the s’chach [it is not

sufficient]. Although [these branches] are kosher in that they are not attached to
the ground, the succah is nevertheless posul since it was made in an invalid way
and [violates] ‘taaseh v’lo min ha’asui’. 154 Rather, he should pick up each branch
and place it back down on the s’chach for the express purpose of serving as
s’chach. 155 It is for this reason that one may not sleep in a canopy bed inside the
succah, even if it is not ten tefachim high, for he doesn’t sleep in the shade of the
succah, but rather in the shade of the canopy. 156

םדו רשב

151. Although the mishna teaches that a the tree doesn’t pose a problem in and of
succah constructed under a tree is posul, the itself, seeing that it provides more sunlight
gemara (Succah 9b) qualifies that since the than shade. It is only if the s’chach is deficient
mishna compares this to building it inside a and one wishes to combine the tree’s
house, it is only posul if the tree provides more branches for shade that one must lower them
shade than sun, implying that if it provides and combine them with the majority of kosher
less, it would be kosher. The gemara questions s’chach to produce a kosher succah. Others
this since the shade is also produced by the (Ravya, Ran) however disagree. They maintain
branches of the tree (which are still attached that a succah under a tree is problematic, even
to the ground and therefore posul). The if the succah is kosher anyway, and the tree
gemara answers that it is acceptable because provides minimal shade. In order to render the
we refer to a case where the branches were succah kosher, one must either consider the
pulled down and combined with the kosher s’chach directly under the tree as non-existent
s’chach in a way that it is batul. חכק Rashi and (in which case the succah is only kosher if the
Tosfos understand that if the s’chach provides ‘remaining’ s’chach provides adequate shade),
ample shade on its own, it is kosher as is, since or, if he lowers the branches, and combines

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