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SUKAH 9 (7 Av 5781) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., Niftar 7 Av 5757, by his wife and daughters. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.


1. There is a dispute about whether one may use an "old" Sukah for the Mitzvah.
2. It is forbidden to benefit from the wood of the Sukah during Sukos.
3. If someone constructs his Sukah underneath a tree, it is as if he made it in his house.
4. The Mishnah discusses a Sukah built on top of another Sukah.
5. Rebbi Yirmeyah says that there are four possible outcomes in a case in which a Sukah is on top of another Sukah.


1. The Mishnah defines an old Sukah as one that was made more than thirty days before Sukos without intent that it should be used for Sukos. Beis Hillel says that it is valid as is, while Beis Shamai says that a Sukah made more than thirty days before Sukos must be made with intent to be used for Sukos in order for it to be valid.
2. This is because the wood is dedicated to be used for the Mitzvah of Sukah. (There are various opinions about what "wood" refers to -- see Tosfos and the Rosh here.)
3. Rava explains that if the branches of the tree are physically mixed together with the valid Sechach which is the majority of the mixture, and the shade of the tree would provide more sun than shade for the area of the Sukah, the Sukah is valid.
4. Tana Kama: This is invalid. Rebbi Yehudah: If there are people living in the top Sukah, the bottom Sukah is invalid.
5. They may both be valid, both be invalid, or the top one may be valid while the bottom is invalid, or the bottom one may be valid while the top one is invalid. For example, if they are both under 20 Amos and the top one has more shade than sun and the bottom one has more sun than shade, they are both valid.

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