Shulchan Aruch: Chapter 638 - A Sukkah & its Decorations are Forbidden [for Mundane Use] Throughout Seven [Days of Festival]

SECTION 638 A Sukkah and its Decorations are Forbidden [for Mundane Use] Throughout the Seven [Days of the Festival]. (1–21)

1 [Our Sages state:]1 Just as G‑d’s holy name2 abides upon things that are consecrated,3 and hence it is forbidden to derive benefit from them, so, too, His holy name abides upon the sukkah, as it is written,4 “... the Sukkos festival for seven days unto G‑d.” Just as the festival — i.e., the festive chagigah offering5 — is consecrated unto G‑d, so, too, is the sukkah consecrated unto G‑d.6

[In this context,] the term sukkah refers to the s’chach alone. Therefore there is a Scriptural prohibition against making use of the branches7 used for the s’chach throughout the seven days of the festival. [This applies] both to the minimum quantity of s’chach required to render the sukkah valid, i.e., the amount that covers an area seven handbreadths by seven handbreadths, and to any s’chach added beyond this minimum requirement.

Even if the sukkah collapsed and can no longer be used for the mitzvah, there is still a Scriptural prohibition against making use of the branches of the s’chach throughout the seven days of the festival.8

2 According to Rabbinic Law, it is also forbidden to make use of the wood9 used for the walls [of the sukkah] throughout the seven days of the festival,10 even if the sukkah collapsed.11

The walls are not the fundamental component of the sukkah. Nevertheless, since they were designated for the mitzvah of the sukkah, the sanctity of the sukkah abides upon them, and hence one may not benefit from them, as with [the s’chach] itself.

[In certain situations, this prohibition is extended to include] walls that are not required to make the sukkah valid. For example, if one made four complete walls for a sukkah12 without specifying which wall[s] were intended to fulfill the minimum requirement and which one was intended to be the fourth wall that [merely] endowed the mitzvah with its optimal status, all of the walls are [considered as being] designated for the mitzvah of the sukkah, and the sanctity of the sukkah abides upon them. If, however, one added another wall after bringing the [three] walls to the dimensions that are required to render the sukkah valid, it is apparent that his intent in making this wall is merely to perform the mitzvah in the optimal manner. [Hence, the use of] this wall was never prohibited and the sanctity of the sukkah never abided upon it.

3 If one added more reeds to make the s’chach thicker after placing all of the s’chach that his sukkah needed, these additional reeds are considered subordinate to the s’chach and the holiness of the sukkah abides upon them.

[Different rules apply] if, however, one placed bound bundles of reeds on the s’chach. Since he did not untie them, it is evident that he did not intend that they should serve as s’chach,13 for people who use reeds to provide shade normally untie the bundles. The fact that this individual did not untie them indicates that he did not intend that they should serve to make the s’chach thicker. Hence they are not considered subordinate to the s’chach14 and the holiness of the sukkah does not abide upon them.

4 If one adds reeds to the thickness of the walls, i.e., he erected reeds next to the wall, [the same rules apply,] whether they are bound together like a bundle or they are separate. If in placing the reeds next to the wall he intended to support it or to increase its thickness, they are considered as subordinate to the wall, even though they are not connected to it. [Hence] the holiness of the sukkah abides upon them as upon the wall itself.

5 The prohibition against making use of the branches of the s’chach and the walls themselves involves only taking any part [of them for one’s own purposes], even a sliver to use as a toothpick, for by separating it from the sukkah, one removes the holiness of the sukkah from it. It is, however, permitted to derive any benefit from them by using them in a manner that does not remove the holiness of the sukkah from them, e.g., placing one’s articles upon them, smelling them if they are fragrant kinds of wood, or the like.

6 It is forbidden throughout the festival to make use of the decorations of the sukkah, i.e., various fruits or delicacies that are hung in the sukkah, whether under the s’chach or around the walls, to adorn it.15 [This applies] even when they have fallen from the sukkah, for making [mundane] use of the decorations of a mitzvah is disrespectful to the mitzvah.16

Moreover, since these articles may not be eaten, it is also forbidden to move them on Shabbos and on Yom-Tov,17 for they are not fit to be used for any purpose throughout the festival. It is forbidden to move them even to protect them from thieves or rain.

7 [Different laws apply if a person] made a stipulation [concerning the decorations] on the day before the festival;¹⁰ i.e., before the festival began, meaning before bein hashmashos,18 he said, “I will not refrain from making use of them throughout the time of bein hashmashos on all the eight days [of the festival].” Thus, at the time the holiness would rest upon them, bein hashmashos, which is the beginning of the onset of the day, [the holiness] did not rest upon them at all, for he [explicitly] stipulated that he would have the power and the right [to use] them. Hence they were never set aside for the mitzvah at all. He is therefore permitted to make use of them whenever he desires throughout the festival. Though they are hanging in the sukkah, [making use of them] is not considered as disrespectful to the mitzvah, since they were never set aside for the mitzvah.

8 If, however, one does not use the above wording when making his stipulation, but merely says, “I stipulate that I will be permitted to benefit from [the decorations] if they fall from the sukkah,” this stipulation is not effective at all, for it relates only to the time that they will not be hanging in the sukkah. At the time of bein hashmashos, therefore, when they are hanging in the sukkah, its holiness rests upon them. And once it is invested [upon them], it is never dislodged by his earlier stipulation, for a stipulation is effective in preventing holiness from resting [upon an object], but once it is invested it is never dislodged. Therefore, even if they fell from the sukkah, it is forbidden to benefit from them.

9 Similarly, if one stipulated that he will not refrain from using [the decorations] throughout bein hashmashos of the first day alone and does not make a stipulation with regard to bein hashmashos of the subsequent days, he may not make use of them from bein hashmashos [at the onset] of the second day and onward.

[The rationale is that] each individual day is considered as a separate unit of holiness.19 [Hence] this holiness rests upon [the decorations of the sukkah] at the beginning of the onset of each day for which no stipulation was made.

If one stipulated that he is not refraining from using them throughout bein hashmashos of the second day and of the subsequent days, but made no stipulation concerning bein hashmashos of the first day, he may not make use [of them] even from the second day and onward. Once the holiness rested upon them during bein hashmashos of the first day, it is not dislodged throughout all the days of the festival, for in this regard — to establish a stringency, but not a leniency — they are considered as one long day.¹⁰

However, if one stipulates, “I will not refrain from using them throughout bein hashmashos,” without specifying his intent, mentioning explicitly neither the first day nor any of the subsequent days, [it is assumed that] he had in mind all the days of the festival. He is therefore permitted to use [the decorations] whenever he desires, whether on the first day or on the other days.

10 Similarly, if he does not mention bein hashmashos at all, but says, “I will not refrain from making use of [the decorations] whenever I desire,” he may make use of them whenever he desires. Since he stipulated that he could make use of them whenever he desired, bein hashmashos is also included in his stipulation. Thus the holiness [of the sukkah] never rested upon them.

11 People customarily decorate their sukkah by hanging all kinds of valuable objects in it, such as sheets with designs or pictures, and remove them at will from the sukkah — e.g., because of rain or because of thieves — even though they did not make a stipulation before the festival began.20 Some have justified this practice. They argue that since it has become customary to remove them from the sukkah because of possible theft or rain, whoever hangs valuable articles in the sukkah as decorations does so only with the intent of following the [prevalent] custom, i.e., to remove them when necessary. [Hence,] it is as if one made a stipulation that is effective [in allowing him] to remove them when necessary. [Thus it is as if he said that] he will not refrain from using them throughout bein hashmashos on all the days of the festival.

Accordingly, he may remove them whenever he desires, even when there is no rain or concern over theft, for the holiness of the sukkah never rested upon them. Nevertheless, as an initial and preferred option, one ought to make a stipulation concerning these objects before the onset of the festival.

12 All of the above [leniencies] apply [only] to the decorations of the sukkah, but not to the branches used for the actual s’chach.¹¹ A stipulation to make use of them is never effective, even if the sukkah collapses during the eight days of the festival, for the prohibition against [using] them is of Scriptural origin, as stated above.21

[Moreover, this stringency applies] even to the walls of the sukkah, although their [use is] prohibited only by Rabbinic decree. Since they were designated to be used for the mitzvah of the sukkah, the holiness of the sukkah rests upon them and a stipulation to make use of them is of no consequence. [This applies] even if the sukkah falls during the festival.22

[The rationale for this restriction can be explained as follows:] As stated above,23 whenever one does not stipulate that he will not refrain from making use [of something] throughout the duration of bein hashmashos, the stipulation is not effective at all. [Now,] he must refrain from making use of the [sukkah] walls throughout the duration of bein hashmashos on the first day, for it is a festival. Thus he may not take any part of the wood of the actual walls, for that would constitute the demolition of a structure on the festival.24 Therefore, regardless of his intent, the holiness [of the sukkah] is invested upon the walls from the first day onward and is not dislodged throughout the days of the festival, even if the sukkah collapsed in the course of the festival.

13 [Different rules apply] if, after completing the construction of a wall, one increased its thickness [by adding] reeds that stand erect next to it to bolster it. They are not connected to the wall and so it is permitted to take them away from the wall on the festival. This is not considered tearing down a structure, since [the reeds] are not connected to the wall, as explained in sec. 518[:17].

[Hence,] if one made a stipulation that allows him to make use of [these reeds] whenever he desires, as explained above, he may make use of them whenever he desires, because during bein hashmashos on the first [day of the festival] he was permitted to use them. The holiness of the sukkah thus never rested upon them.

14 If one built a sukkah on Chol HaMoed and made a stipulation concerning the wood of its walls that enables him to make use of it whenever he desires, he may make use of it whenever he desires, even while the sukkah is standing and he is dwelling in it for the sake of the mitzvah.25 This is not considered disrespectful to the mitzvah because these walls were never set aside for the mitzvah, since at the outset he stipulated that he could make use of them. Thus the holiness of the sukkah never rested upon them.

15 All the prohibitions that we have explained in this section apply even when a sukkah was not constructed for the sake of the mitzvah, and even if one did not bring about any changes [in an existing sukkah] — provided that he sat in it [at least] once for the sake of the mitzvah of sukkah.

Before one sits in the sukkah for the sake of the mitzvah, by contrast, it has no holiness at all, even if it was made for the sake of the mitzvah of sukkah. It is even permitted to make use of the branches of the s’chach. Needless to say, [this] also [applies to] the wood used for the walls and to the decorations, for any [object associated with a] mitzvah that has not yet been used for the mitzvah is not invested with holiness at all, as was stated in sec. 42[:4, 6].26

16 [Similar concepts apply] even to a person who has a sukkah that remains standing from year to year. Though he dwelt in it [in observance of the mitzvah] in the previous year, making use of it is not prohibited until he dwells in it on Sukkos in the present year. For the holiness of the sukkah departs with the conclusion of the festival in the previous year and does not revert to it until one dwells in it once for the sake of [observing] the mitzvah.

17 A person who desires to remove the decorations of a sukkah on Yom-Tov¹⁷ because of rain or because of thieves27 should be careful not to tie the decorations to the sukkah with a [halachically-defined] knot, for it is forbidden to untie such knots on a festival. Instead, he should tie [the decorations] with a bow.28

18 Even when one does not intend to remove [edible] decorations from the sukkah throughout the days of the festival, if he knows that children will partake of them during [that time], he should make a stipulation before the onset of the festival.29

19 After the days of the festival have passed, there is no need to entomb the branches⁷ used for s’chach;30 they may be taken and used for whatever one desires. Nevertheless, it is proper not to use them for a degrading purpose that would be disrespectful to the mitzvah for which they had been used.31 Needless to say, one should not tread on them, so as not to treat them disrespectfully.

20 People who engrave a gourd with the verse,32 “You shall dwell in Sukkos...,” and hang it in the sukkah as a decoration, should be rebuked. [The rationale is] that it is forbidden to write any verses from the Torah unless one writes out an entire scroll,33 as stated in Yoreh Deah, sec. 283.34 In this context, engraving is equivalent to writing.

21 [Fabrics that are] shaatnez [which is a forbidden combination of wool and linen] may not be hung around the walls of a sukkah as decorations unless they are hung higher than a person’s head. The rationale [for this restriction] is explained in Yoreh Deah, sec. 301.35