More Discussions for this daf
1. The circumference of a round Sukah 2. Schach placed by a Kattan 3. The mistake of the Judges of Caesarea
4. Circular Sukah 5. Sukah Arai or Keva
DAF DISCUSSIONS - SUKAH 8

anonymous asked:

The gemarah says that a sukah made by goyim, women, animals, or cusim is kosher as long as the s'chach was put on for the purpose of shade. What are the shitas of the poskim whether a sukah made by a kattan is kosher pr pasul and if possible the reasoning behind it.

thanking you very much in advance in appreciation of the avodah you do.

anonymous, Jamaica, U.S.A.

The Kollel replies:

Since any Sukah is kosher if the Schach was put on for shade (Orach Chaim 735:1) (and not for privacy, storage or permanent dwelling) a Sukah made by a Kattan is no worse.

However, the Mishnah Brurah in Biur Halachah (Orach Chaim 14:1) adds that it is proper "l'Chatchila" that a Kattan, women or Goy should not put the Schach in place (since according to one opinion there is a problem). This is brought also in Shoneh Halachos of Rav Chaim Kaniyevski and in Hasukah of Rav E. Weisfish.

The reasoning is as follows: The Ramah in Hilchos Tzitzis (14:1) says it is proper that only men should tie Tzitzis, The first reason is because the Torah says to the B'nei Yisroel that they should make Tzitzis(Bamidbar 15:38) and not Bnos Yisroel. If so, only women are excluded, not young boys. This applies only to Tzitzis.

However, there is another reason. Rabeinu Tam reasons that if you're not obligated to do the Mitzvah you can't "make" the Mitzvah. This is based on a Halachah of Tefillin.

According to this reason. which seems to apply to all Mitzvos, a Kattan, woman or Goy should not place the Schach l'Chatchila, as this makes the Sukah. See Beis Yosef and Pri Megadim in Orach Chaim 14:1.

All the best

Reuven Weiner