Page 294 - Chayei Adam LAYOUT sivan 5782

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

]43[ For the same reason, one should be careful not to cut down the s’chach
himself, but rather buy it from non-Jews, for perhaps they stole it. 200 Nevertheless,
if this is not possible, one may cut the trees himself, as long as he gets permission
from the owner of the land, even if he is a non-Jew. 201

]44[ If one didn’t build a succah before yom tov, he may build it on chol
ha’moed, and, one may have two succos, eating in one of them today, and the
other, on the following day. 202

]45[ It is forbidden to derive benefit from the wood [used for] the succah,
whether used for the s’chach or for its walls, 203 for all eight days. 204 For us, it is
forbidden on the ninth day too since we are obligated to [eat in] the succah on
the eighth day as well, and since, it is muktza during twilight, it is muktza for the
entire day. 205 If Shabbos occurs [immediately] after yom tov, we are accustomed

םדו רשב

200. See Chayei Adam 152:12 and government permits cutting wood from public
Shulchan Aruch 664:10 regarding cutting forests, or, if government records indicate that
aravos or purchasing them from non-Jews. the non-Jew does in fact own this land, one
The issue there, is out of concern that the non may cut the wood himself. Although the Elya
-Jew selling the aravos is not the rightful Rabba questions it, the poskim accept the
owner of the land. Accordingly, one who cuts ruling of the Taz (Bikurei Yaakov, הסק Mishna
the aravos is stealing them from the rightful Berura).
owner, even if he paid the person who claimed
it was his. Instead, he should purchase the 202. According to R’ Eliezer (Succah 27b)
aravos after the non-Jew has cut them, in one must live in the same succah for the entire
which case, the rightful owner is assumed to duration of Succos. The halacha however
have given up on getting them back. Since follows the Chachamim who disagree. (See
they have changed hands, coupled with the however, Maharil, cited also by the Shelah,
fact that this may indeed be the rightful who writes that one should try to fulfill the
owner, he can use them for his lulav. דסק The stringent opinion. The poskim, however,
וסק
Maharil applies the same logic to wood cut for reject his approach.
זסק
s’chach and is codified by the Rema.
203. The posuk instructs us to make ‘chag
201. The Taz maintains that if the local ha’Succos’. Chazal (Succah 9a, Beitza 30b)

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