Page 298 - Chayei Adam LAYOUT sivan 5782

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

hilchos Shabbos k’lal 66 siman 15. 212 Nevertheless, our custom is not to make
such stipulations. 213 Nevertheless, we are accustomed to remove the decorative
tapestries if it rains, even without having stipulated so, since he most likely
intended to do so [when he] hung them. 214 Nevertheless, it is proper to make a
stipulation, [meaning that] during twilight of the first [night] he should say ‘I am
stipulating that I am not separating [myself] from them the entire bein
ha’shemashos of all nine 215 days’. Then, they will never become sanctified.
Alternatively, he can stipulate saying, ‘I stipulate to eat or use them anytime I
want’. Then, bein ha’shemashos is also included. See above, k’lal 66 siman 11-12

regarding moving and benefiting from succah decorations. 216

םדו רשב
using an esrog which became posul (see appropriate wording of a stipulation as below
Shulchan Aruch 665), a succah is different at the end of the siman: Before the onset of
because everything is secondary to the yom tov, he should say “I am making a
minimum size of the succah which is condition that I am not separating myself from
prohibited and does not depend on his using them the entire bein ha’semashos” or
intent whatsoever, which is untrue “that I can eat from it the entire bein
regarding esrog which depends on his ha’shemashos”. Stipulating that he wants to
intent. eat them during Succos, however, is
The Orchos Chaim cites a Talmud insufficient.
Yerushalmi which permits using an esrog Although the Maharil requires him to make
which became posul. The Taz explains that this stipulation at the onset of yom tov העק it is
דעק
there, the esrog is designated for the mitzva. If sufficient to verbalize his stipulation when he
the esrog is no longer usable for the mitzva, it hangs up the decorations. (Shulchan Aruch,
is no longer muktza. A succah however, is poskim). Although the Rema requires that he
muktza for the entire duration of Succos, must stipulate that he does not separate
which includes its wood, even if it falls down. himself from using them the entire bein
Any decorations added to enhance the succah ha’shemashos of all eight days, the Maharshal
are considered secondary to it as well, and writes that this is an unnecessary stringency,
while one could set aside an esrog to use only and as long as he doesn’t specify only the first
for the first day of Succos, and then eat it, such day, his stipulation includes the onset of each
a condition cannot be made when it comes to of the eight days (Mishna Berura ).
ועק
a succah.
213. The Maharil writes that our custom is
212. There, the Chayei Adam discusses the not to make such stipulations, since not

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