Page 278 - Chayei Adam LAYOUT sivan 5782

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

]34[ If one built a succah under his roof and then removed the shingles, some
say it is posul because of ‘taaseh v’lo min ha’asui’, and others say it is kosher since
removing the shingles is considered a [sufficient] action. 157 [Therefore] one should
be careful [to avoid the issue]. 158 All agree that one may construct his succah
under a retractable roof and he may then close it [to keep out] the rain and then
open it again. [However] he should open it before he builds the succah. 159 Even
though he subsequently closes the roof, it is like one who spreads a sheet over
the succah and then subsequently removes it [which is valid] since it was kosher
when made. 160 If it has hinges, one may open 161 and close [the retractable roof]

on yom tov; there is no problem of building and destroying as it is like a door. 162

]35[ If one builds a succah inside his house under the roof, after removing the
shingles, it is kosher, even though the thin beams (the lattice) which the shingles

םדו רשב
even if less than ten tefachim, since it is a downwards a tefach or more at the bottom. הלק
more permanent structure. The second (Bach, Magen Avraham) As mentioned above,
version, however, teaches that one may sleep a full canopy bed (i.e. suspended from the four
inside a kilah within the succah, even if it is bed posts) is considered a more permanent
higher than ten tefachim, since it doesn’t have structure and is problematic even if it is within
a flat roof. Although the Ritz Gei’os writes that ten tefachim (Shulchan Aruch). However, if the
the halacha follows the second version, and canopy is suspended from two posts (one at
one may not sleep or sit under any surface its head, and the other at its foot) forming a
measuring a tefach wide, the consensus of the tent-like formation, it is permitted, if it is less
rishonim (Rosh, Rambam ) is that there is no than ten tefachim high. If this tent-like canopy
דלק
dispute between the two versions and a is higher than ten tefachim, it is debatable and
canopied bed or the like is only problematic if the Shulchan Aruch records both opinions,
it is both more than ten tefachim high and stressing the more stringent approach as more
also measures a tefach in width, and the acceptable.
ולק
halacha follows this opinion. (Shulchan
Aruch) If however, the canopy forms a tent 157. The Rema writes that one may build
more than ten tefachim above the bed, it can his succah under the roof of his house and
pose a problem if there is a tefach or more then dismantle the roof. The poskim explain
across within three tefachim of its top point, as that removing the shingles constitutes enough
this will create a surface of a tefach by the laws of an action in rendering the succah kosher
of lavud, or, if the slanted tent drops and there is therefore no problem of taaseh

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