DailyHalacha.com for Mobile Devices Now Available

Halacha is For Refuah Shelemah for
 Meda bat Mizlee Lelah

Dedicated By
Isaac Moses

Click Here to Sponsor Daily Halacha
      
(File size: 1.29 MB)
Succot- May One Use a Sukka Made With Impenetrable Sechach?

A manufacturer in Eretz Yisrael developed waterproof Sechach, which has gutters on either side such that if the Sechach is properly arranged, rain will not enter the Sukka. At first glance, there should be no problem whatsoever using such Sechach. After all, it is constructed from wood, and it does not constitute a Halachic "Keli" (utensil). It is only because of its unique style that it keeps the rain out of the Sukka, but all the qualifications of Sechach seem to be met. Seemingly, then, this Sechach would not only be permissible, but even recommended, especially in places such as Panama and the United States where rain is very common during Sukkot. Such Sechach enables one to continue performing the Misva of Sukka even under rainy conditions, and it thus might seem preferable to use such Sechach.

Indeed, Rav Yosef Shalom Elyashiv (1910-2012), in Sefer Ha’sukka, ruled that it is permissible and even recommended to use this rainproof Sukka. He was then asked how to reconcile his ruling with the custom recorded by the Tur (Rabbenu Yaakob Ben Asher, 1269-1343), in the name of the Samak (Sefer Misvot Katan by Rabbi Yishak of Corbeil, 13th century), not to construct Sukkot with impenetrable Sechach. According to this custom, which is codified by the Shulhan Aruch, the Sechach must be a temporary covering which does not protect the Sukka from the elements. Rav Elyashiv responded that this refers to very dense Sechach which cannot be penetrated by wind, rain or insects, and such Sechach cannot be used because the Sukka must be a crude, temporary structure. The new rainproof Sechach, by contrast, has spaces through which wind and insects can enter the Sukka, but is constructed in such a way that rain immediately falls off the Sechach without entering the Sukka. Such Sechach does not violate the requirement to use a temporary covering. This is also the position taken by Rav Elyashiv’s son-in-law, Rav Haim Kanievsky (contemporary), in Sheraga Meir.

Several other Poskim, however, disagreed. The Shebet Ha’levi (Rav Shemuel Wosner, contemporary) wrote that we should not be trying to "outsmart" Halacha by devising creative strategies, and we should use the same kind of Sechach that Jews have been using for generations. Likewise, the Kinyan Ha’Torah maintained that although rainproof Sechach might be technically permissible, one should use the traditional Sechach. This is also the view of Rabbi Yishak Yaakob Weiss of the Eda Ha’haredit (in Keneh Ha’bosem). The Yalkut Yosef (Sukka, p. 85) cites both views without reaching a conclusion, and it appears that Hacham Ovadia Yosef did not issue a ruling on this issue.

In light of the difference of opinion that exists, it would seem that one should preferably not use such Sechach, especially given the fact that we are dealing with a Biblical obligation. However, one who already owns this Sechach may certainly rely on the ruling of Rav Elyashiv and use it for the Misva.

On a more general note, this discussion should remind us that the Shechach must be a crude, temporary covering of the Sukka, and not a strong, permanent roof.

Summary: The leading Halachic authorities debate the question of whether one may use the recently-developed Sechach with gutters that does not allow rain into the Sukka. It is best not to use such Sechach, but one who does has Halachic authorities on whom to rely.

 


Recent Daily Halachot...
May a Seller Charge a Higher Price if Payment is Delayed?
May a Lender Charge a Penalty for a Delayed Payment of the Debt?
Seizing a Debtor's Property in Lieu of Payment
Defining "Ri’bitt " (Interest)
"Ri’bit": The Prohibition Against Receiving or Paying Interest
Is It Permissible To Poach (Take Away) A Customer
The Halachic Propriety of Opening a Competing Business
Exceptions to the Rule Allowing a Neighbor the Right of First Refusal
Can a Neighbor Exercise His Right of First of Refusal if He Did Not Do So Immediately; a Business Partner's Right of First Refusal
Offering First Right of Refusal to a Partner or Neighbor
Damaging Somebody’s Property for the Purpose of Saving a Life
Is There a Liability When a Child Damages Somebody’s Property?
If One Damages Somebody’s Property In His Sleep, Under Intoxication, While Celebrating, or During a Sports Game
Liability for Damages Caused While Walking or Running in a Public Domain
The Extent of Liability for Property Damages
Page of 239
3585 Halachot found