Two-Plus Walls of a Sukka
TALMUDIC METHODOLOGY
By Rav Moshe
Taragin
Lecture #16:
Two-Plus Walls of a Sukka
In previous lectures, we discussed the
general definition of walls of a sukka and the role they play within the
sukka. We probed the degree
to which sukka walls can be compared with walls used to create a
reshut ha-yachid, a private domain, on Shabbat. Although, in
general, the definition of sukka walls is more stringent than that of
Shabbat walls, there is one area of leniency applicable specifically to
sukka walls.
Both a sukka and a reshut
ha-yachid require three walls to define their space. An area surrounded by three walls is
zoned as a reshut ha-yachid for Shabbat and one may carry within those
boundaries. Similarly, the
gemara (Sukka 6b) induces from the iterations of the word
sukka in the Torah that three walls are the basic requirement of a
sukka. However, in the case
of a sukka, the gemara acknowledges that a Halakha
le-Moshe mi-Sinai REDUCES the required size of the third wall. Although primary sukka walls must
be at least seven tefachim long, the third wall of a sukka may
even be a minimal size as the gemara refers to it, a mah
she-hu. This lecture will
examine the status of this strange wall of a sukka.
One approach to understanding this
halakha is rooted in a debate surrounding another discussion in the
gemara (19a). The gemara asserts that it is permitted for one to sit in
an area contained within the space of the sukka walls even if he is not
directly shielded by the walls. The
typical example of a sukka of two walls and a "minimal" third wall is a
case of two classic sized PERPINDICULAR walls (shaped as an L) with the third
minimal wall emanating from either leg of the L. A person is certainly allowed to sit
within the space covered by the third protruding minimal wall. The gemara, however, also allows
a person to sit within the entire space of the L, even though he may not be
sitting within the area covered by the length of the third wall and he is
therefore not shielded by "three walls."
This allowance is described as the pesal rule (literally, the
rule allowing a person to sit in a NON-HALAKHIC sukka associated with a
legitimate one).
Based upon this reading of the
gemara on (19b), Rashi (4a) allows a person to sit in a different type of
pesal sukka, even though in that instance he is not sitting
within the area of three halakhic walls. After all, the third wall of a
sukka only protrudes minimally, and yet a person may sit along the length
of its vector! Presumably, the pesal allowance permits sitting in an area
associated with a kosher sukka - even if a person does not sit within the
area of the three walls.
The Rosh cites a position of Rabbenu
Yeshaya which argues with Rashi. A
person must ALWAYS sit within the area of three walls to fulfill the
mitzva. Although the third minimal
wall does not actually extend along its entire vector, the Halakha
le-Moshe mi-Sinai rule allows us to VIEW it that way. Instead of relating to it as a minimal
wall, it should rather be seen as a virtual wall. Even though the actual length of the
wall is minimal, halakha considers it a seven tefach wall. In allowing a person to sit all along
that third walls vector, the gemara (19a) is not permitting sitting
OUTSIDE the area of the walls, like Rashi argues. Thus, that gemara does not invite
similar extrapolations to other cases of non-three-walled sukkot
associated with valid sukkot.
Rashi and Rabbenu Yeshaya debate the
very nature of the Halakha le-Moshe mi-Sinai. Did it permit the use of a short third
wall and allow a sukka of two walls and a tiny wall protruding from
either end, or did it allow us to view that third wall as VIRTUALLY EXTENDING
along the ENTIRE width of the sukka? According to Rashi, the Halakha
le-Moshe mi-Sinai unilaterally permitted sitting in a sukka with a
short third wall, while according the Rabbenu Yeshaya, the third wall can be
viewed as an imaginary trajectory.
Perhaps this question influenced the
differing views regarding the positioning of the minimal wall. The gemara cites the opinion of
Rav that the third short wall must be positioned opposite the extension
(yotze). The Rishonim are unclear what this means. Rashi interprets this requirement as we
noted earlier: the third wall should extend from either part of the L." The Ramban (in the Milchamot
Hashem) and the Ritva claim that the extra small wall should be placed at
either corner of the shape not filled by the two walls shaped as an L. In
other words, either the third wall should be situated directly across from the
top of the vertical leg of the L (option A below) or directly across from the
edge of the horizontal part (option B below).
Option A
Option
B
It would appear that Rashi and the
Ramban are debating the nature of this halakhically approved minimal wall. Rashi
(consistent with his earlier explanation) believes that the third wall can be of
minimal length. Essentially, a
sukka consists of two walls and a small protrusion. In order to affix that wall to the rest
of the sukka, it must PHYSICALLY protrude from either leg. In contrast, the Ramban saw this third
wall as a virtual wall that extends along the entire vector. By positioning it at the far end, a
virtual enclosure is created in the space between the primary walls and the
third virtually extending wall. There is no need to physically affix this wall
to the L, and it may be preferable to space it toward the end of either vector
to encourage the creation of the virtual closure.
Having cited Ravs opinion, the
gemara (7a) cites the opinion of Rav Kahane and Rav Assi, who suggest
placing the extra third wall in a diagonal slant emanating from one of the legs
of the L in the direction of the other leg (or, as the gemara, refers
to it, reish tor). It
would appear that this opinion would NOT view the extra short wall as virtually
extending along its entire vector.
If that were the case, the extended wall would threaten to clip the
required area of the sukka and reduce it beneath its halakhic
minimum. It seems that this
position assumes that the third wall is simply a minimal wall of a tefach
that does not extend and does not have to extend.
Ramban can easily explain the debate
between Rav and Rav Kahane and Rav Assi.
Rav believed that the tefach wall virtually extends and therefore
placed the short wall at the end of one of the open vectors to create an
enclosure. Rav Kahane and Rav Assi
believed that the short wall does NOT extend and it should therefore protrude
from one of the legs of the L as a diagonal to better indicate the closed
space of a sukka. Rashi, who
assumed, as a given, that that the small wall is NOT virtually extended, would
have a more difficult time distinguishing between Rav and Rav Kahane and Rav
Assi and in explaining the basis of their dispute.
An interesting application of this type
of sukka may lend additional support to the Rambans view that the short
wall virtually EXTENDS along the entire vector. Would this type of sukka with
two classic perpendicular walls and a tefach added - be considered a
Biblical reshut ha-yachid within which carrying is permitted on
Shabbat? Any space that is
fenced in by three walls is considered a reshut ha yachid
mi-deoraita; rabbinically, some adjustment must be performed along the
fourth wall as well. Can a person
carry within this area of a sukka on Shabbat?
This question is addressed by Rava
(7a), who asserts that since this short wall is considered a wall for a
sukka, it should also be considered a wall for Shabbat. This is a bold extrapolation but would
seem to support the Rambans contention.
Outside of the world of sukka, this tefach wall should not
be considered a wall. However,
within the framework of a sukka, that tefach actually extends
along the entire vector. Once
extended to complete the sukka, the wall may also help create a complete
closure for Shabbat purposes.
If that third wall does not virtually extend, it would be more difficult
to view it as a viable Shabbat wall and a different mechanism would have
to be asserted to explain Ravas extrapolation that one may carry within this
area on Shabbat.
A fascinating position of Rabbenu Tam
may support the view of his grandfather, Rashi, that the third wall is not
considered as extending along the entire vector. The gemara in Sukka rules that the
sechakh is invested with halakhic 'kedusha' which prohibits
mundane use. Unlike all mitzva
objects which do not possess a distinct status of kedusha, the
sechakh is unique. Responding to a gemara in Beitza
930b) which qualifies this kedusha status, the Rabbenu Tam claims that
only sechakh which runs along the perpendicular "L" and the third minimal
protrusion is invested with the kedusha status. The remaining sechakh, covering
the rest of the walls does not possess this inherent kedusha. If the Rabbenu Tam viewed the third wall
of a sukka as a virtually extending wall based upon the Halakha
le-Moshe mi-Sinai it would be very difficult to limit the kedusha to
the wall space of only a minimal part of that wall. If we virtually view the minimal third
wall as extending along the entire vector, then in a scenario in which the
ENTIRE WALL were built, it would be indistinguishable from the minor protrusion
and should possess equivalent kedusha. It seems as if Rabbenu Tam agrees with
Rashi that the Halakha le-Moshe mi-Sinai allowed a sukka to be
crafted from two walls and a minor protrusion. Only the protrusion area of
sechakh is invested with kedusha and not the entire length of the
wall.