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The Israel
Koschitzky Virtual Beit Midrash
Gemara Sukka
Yeshivat Har Etzion
Shiur 01:
INTRODUCTION THE MITZVA TO DWELL IN A SUKKA
Rav Shmuel Shimoni
The
concluding folios of the second chapter of tractate Sukka (25a and on)
deal with the mitzva to dwell in a sukka. In this shiur,
we will not deal with the talmudic passages themselves, but rather we shall
preface the discussion with a general introduction regarding the nature of the
mitzva. We shall try to focus on two main questions: first, what is included in
this mitzva, that is, which activities fall into the category of
"dwelling"; and second, what is the status of this mitzva
obligatory or optional, as we shall see below. As in many other areas of
Halakha, here too the laws governing the blessing that is recited over the
mitzva may serve as a useful tool to clarify the nature of the mitzva
itself.
THE COMPONENTS OF THE MITZVA
OF DWELLING IN A SUKKA
What
is included in the mitzva to dwell in a sukka? The Baraita on p. 28b
states:
"You shall
dwell" similar to [normal] residence. From here [the Sages] said:
Throughout the seven days [of the festival], the sukka must be regarded
as one's principal abode, and the house merely a temporary residence. How so?
If a person has pretty dishes, he brings them up to the sukka;
attractive linens, he brings them up to the sukka; he eats, drinks, and
enjoys himself in the sukka, and he studies in the sukka.
In
other words, during the period of the holiday, a person must treat his sukka
as his home, and do in it whatever he would normally do at home. While we
know that the prohibition to engage in certain activities outside the sukka
is limited to eating and sleeping, all aspects of normal residence are included
in the mitzva (Rashi, at the beginning of the chapter, formulates this
as follows: "The essence of dwelling in a sukka involves eating,
drinking, and sleeping").
What
is the law regarding the blessing recited over the mitzva? Many Rishonim
understood from the plain meaning of the Gemara (Sukka 46a) that a
blessing should be recited every time one enters the sukka, for that too
is part of the mitzva. For example, the Rif
says as follows:
Whenever a person
enters [the sukka] to dwell therein, he recites the blessing, "to
dwell in the sukka." (22a in Alfasi)
The
prevalent custom, however, is only to recite a blessing over eating in the sukka.
Thus, rules the Shulchan Arukh, end of sec. 639:
It is customary
to recite a blessing over the sukka only at the time of eating.
How
are we to understand this custom? The Rosh writes in tractate Berakhot
(1:13): "The Ri asked Rabbenu Tam whether one must recite a blessing over
sleeping in the sukka, for the laws governing sleeping are more
stringent than those governing eating, for one is permitted to snack outside
the sukka, whereas napping outside the sukka is forbidden."
Careful attention should be paid to the wording of the question. We appear to
be commanded about dwelling in a sukka, that is to say, about normal
residence, and two of the principal expressions of residence are eating and
sleeping. There is, however, a difference between them, for incidental eating
outside the sukka is permitted, whereas incidental sleeping outside the sukka
is forbidden. Rava, however, understands this distinction as circumstantial,
i.e., that regarding sleep there is no difference between incidental sleep and
regular sleep. As Rashi explains: "There is no such thing as regular
sleep, and there is no difference between incidental and regular sleep with
respect to the sukka, for a person does not prepare himself for regular
sleep, for at times he only has to nap a little and that suffices; therefore,
that is his sleep." The Ri's question assumes that sleeping is a more
significant expression of residence than is eating, though the proof for this
assumption is problematic.
The
Ri himself answered his question as follows: "One does not recite a
blessing over sleeping [in the sukka] because perhaps he will be unable
to fall asleep." That is to say, fundamentally speaking, there is room to
require a blessing over sleeping in the sukka, but we are concerned
about a blessing recited in vain, for the person may not manage to fall asleep.
As we shall immediately see, Rabbenu Tam appears not to have been concerned
about this problem. It stands to reason that he understood that there is no
room here for concern about a blessing recited in vain, because the blessing is
recited over the very trying to go to sleep, so that it does not matter if he
does not manage to fall asleep. The Vilna Gaon relates to this dispute in his
commentary to the Shulchan Arukh (432, 2), arguing that it corresponds
to a similar dispute among the posekim regarding bedikat chametz (searching
the house for chametz) whether it is necessary to leave out small pieces
of chametz in order to avoid the possibility that the blessing will have
been recited in vain, or whether the blessing is recited over the search for chametz
itself, and so such concern does not exist. He adduces proof for the position
of Rabbenu Tam from the law of birkat ha-mapil which a person recites
before going to sleep, there being no concern that perhaps he will be unable to
fall asleep. [It should be noted, however, that some members of the Brisker
dynasty were indeed concerned about this problem, and therefore refrained from
reciting the ha-mapil blessing]. In any event, the Vilna Gaon implies
that we are dealing here with a general dispute regarding blessings. It seems
more reasonable, however, that the Ri and Rabbenu Tam disagree about how
sleeping constitutes an element of the mitzva of dwelling in a sukka
is it the sleep itself that constitutes the mitzva, or is it the fact that the
person relates to the sukka as if it were his house, and therefore when
he goes to sleep, he does so in the sukka.
As was stated
above, Rabbenu Tam disagreed with the Ri's explanation, and therefore proposed
an explanation of his own: "But Rabbenu Tam answered him that [whatever
elements of] the mitzva of sukka that a person fulfills between one meal
and the next, for example, sleep, enjoyment, and study - the blessing 'to dwell
in a sukka' that he had recited over the meal exempts him from reciting
[another] blessing over them." Rabbenu Tam agrees with the fundamental
assumption that sleeping in the sukka requires a blessing, but he
understands that the blessing recited over the meal covers his sleep as well.
The Taz and the Mishna Berura explained the aforementioned ruling
of the Shulchan Arukh in light of Rabbenu Tam's explanation, and
concluded that a person who is fasting (e.g., a fast observed on account of a
bad dream) and not eating is obligated to recite a blessing over his very entry
into the sukka.
According to
Rabbenu Tam, why is the blessing recited over the meal, and not over sleep? As
we noted above, the Ri's question is based on the assumption that sleep is more
severe than eating, and constitutes a more important expression of dwelling.
There is no explicit indication in the words of Rabbenu Tam that he disagrees.
One can certainly understand from them that even if sleep is more fundamental,
eating is a more clearly-defined activity over which a blessing may easily be
recited and thus exempt the other expressions of dwelling from a blessing.
Rabbenu Tam's position, however, is also cited by the Rosh in SukkaΈ and
there the formulation is clearer: "Rabbenu Tam explained that [the
blessing is recited over the meal] because the primary expression of fixed
residence that a person has in a sukka is eating, but the other forms of
enjoyment and sleep in a sukka are subordinate to eating, and it exempts
them" (4, 3). Here it is explicitly stated that "dwelling" in a sukka
finds its primary expression in eating.
This idea also
finds expression in a tannaitic opinion that was not accepted as final law:
"Rabbi Eliezer says: A person is obligated to eat fourteen meals in the sukka,
one during the day and one at night
What is Rabbi Eliezer's reasoning? 'You shall
dwell' similar to [normal] residence. Just as residence [in the house] one
[meal] during the day and one at night, so too in the sukka one [meal]
during the day and one at night" (27a). Why does Rabbi Eliezer obligate a
person to eat in the sukka, but not to sleep there? It stands to reason
that he too understood that the focus of dwelling lies in eating. It must be
admitted, however, that the Ri's position is much easier to understand for
surely a person eats on occasion outside of his house, whereas sleep is an
activity that is clearly connected to the home.
Thus far we
have been working with the assumption that "teshvu" implies
residence. The literal meaning of the term, however, is sitting. At first
glance, it would seem that in our case this meaning is irrelevant, as the
Rambam states: "How so the mitzva of dwelling in a sukka? A person
should eat, drink, and live in a sukka all seven days both during the
day and at night, as he resides in his house the rest of the days of the
year" (Hilkhot Sukka 6:5). It seems, however, that the Rambam
understood that alongside the borrowed sense of the term yeshiva, i.e.,
"dwelling," the literal sense of the term "sitting" is
pertinent here as well:
Every time he
enters to sit in the sukka all seven days, before he sits down, he
recites the blessing, "Who has sanctified us with His commandments and
commanded us to sit in a sukka." On the night of the first
festival, he recites a blessing over the sukka and afterwards he recites
a blessing over the season [= shehecheyanu], and he arranges the
blessings over a cup [of wine]. Thus, he recites the kiddush standing,
recites the blessing, "to sit in a sukka," sits down, and
afterwards recites the blessing over the season. This was the custom of my
rabbis and the rabbis of Spain to stand for the recitation of kiddush on
the first night of Sukkot, as we have explained.
According
to the Rambam, in order to recite the blessing over the mitzva "prior to
its performance," a person should recite the blessing while standing and
only afterwards sit down, because the sitting down is the commanded action.
Many have raised objections against the Rambam. We will cite here the words of
the Rosh, who objected to the Rambam's interpretation of the term "yeshiva":
According to
him, a person should recite the blessing before he enters [the sukka],
for the mitzva is entering [the sukka], and not sitting in it.
For would he eat standing up he would have to recite a blessing over the sukka.
Without a doubt then since the mitzva of sukka consists of eating
and enjoyment, if he recites the blessing after he sits down, it is still
called "prior to its performance"
And "in booths teshvu"
means "you shall stay there," as in: "And the nation stayed [va-yeshev]
in Kadesh." And also: "You shall stay [teshvu] at the entrance
to the Tent of Meeting." And leshev be-sukka also means to stay in
the sukka, and therefore it is still called "prior to its
performance" if he recites the blessing after he sits down. (Rosh, Sukka
4, 3)
As
we have seen, the Rambam also understands that the mitzva of yeshiva
does not relate exclusively to sitting in a chair, but according to him, the
clearest expression of fixed residence in a sukka is achieved through
sitting in the literal sense, and therefore the blessing should be recited
immediately prior to sitting down. See also Torah Temima (Vayikra
23:42) who discusses the Rambam's opinion at length, proposing that one who
eats in the sukka in a standing position has not fulfilled his
obligation. Needless to say, this is an exceedingly novel position.
SUKKA ALL SEVEN DAYS A
MITZVA THAT IS "FULFILLABLE" OR OBLIGATORY?
The
Acharonim often distinguish between obligatory mitzvot - which a
person is obligated to fulfill, and if he fails to do so, he nullifies a
positive precept and "fulfillable" mitzvot which a person
is under no obligation to fulfill, but if he does so, he fulfills a mitzva.
Practically speaking, a distinction must be made between three different
models:
1) A mitzva that a person is under obligation to
perform, that obligation being out of his control, like the donning of tefilin.
2) A mitzva that a person is under no obligation to
perform, but if he performs it, he fulfills thereby a mitzva, like the mitzva
of ritual slaughter, according to the Rambam at the beginning of Hilkhot
Shechita.
3) A mitzva that a person is not obligated to pursue, but if he
chooses to engage in a particular activity, he is obligated to fulfill the
mitzva. Thus, for example, a person is not obligated by Torah law to wear tzitzit,
but if he wishes to wear a four-cornered garment, he is obligated to outfit it
with tzitzit.
Into which
category does the mitzva of sukka fall? To clarify the question, we are
not talking about the status of the obligation to eat in a sukka on the
first night of Sukkot a topic that we will deal with in the near
future. Rather, we are talking about the other days of Sukkot, during
which a person is not obligated to eat or sleep, but if he engages in those
activities, he must do so in a sukka. At first glance, the mitzva of sukka
falls into the third category if a person opts to eat, he must do so in a sukka.
The Minchat Chinukh defined the matter as follows:
There are two
kinds of positive precepts: One that is an obligation falling on the head of
every man of Israel like tefilin, etrog, and the eating of matza.
Such a mitzva if a person fulfills it, he does the will of the Creator,
blessed and exalted be He, because this is what the King, blessed be He,
decreed. And if he neglects the mitzva and fails to don tefilin or
take a lulav, he nullifies the mitzva and acts in opposition to His
will, blessed be He, and he will surely be punished. And there are mitzvot
that one is not obligated to perform, like tzitzit, for the Torah did
not obligate a person to wear a four-cornered garment, and if he so desires, he
may go about without a four-cornered garment, and this is not against the will
of the Creator, blessed be He. If, however, he brings himself to obligation,
intentionally wearing a four-cornered garment in order to fulfill the mitzva of
tzitzit, this is the good and righteous path. The rule is that if he
fulfills this mitzva, he does the will of the Creator, blessed be He, but if he
fails to fulfill the mitzva, he does not violate His will, but merely does not
fulfill the mitzva. So too, regarding this mitzva, namely, sukka, there
are two parts to the mitzva. That is to say, on the first night of Sukkot,
there is a positive precept to eat the measure of an olive in a sukka,
and a person is obligated to look for a sukka, and it does not help that
he does not want to eat, because he is obligated to eat, as with matza or
tefillin. And if he fails to fulfill the positive precept on the first
night, he acts against God's will, blessed be His name. But on the rest of the
nights and days, if he does not want [to eat], he may abstain from eating and
not sit in a sukka, and he is bound by no obligation, as with tzitzit.
If, however, he eats, there is a positive precept to eat in a sukka
and he fulfills His will, blessed be He, but if he does not eat, there is no
obligation to do so. And also regarding these two mitzvot, there is a
case where he nullifies the mitzva and acts against His will, like one
who fails to don tefillin. For example, if he wears a four-cornered
garment without outfitting it with tzitzit, then he violates the mitzva.
And so too if he eats a major repast outside the sukka, he violates the mitzva.
The rule is that if a person performs a mitzva, he fulfills the mitzva in
all cases, and does His will, blessed be He. And there is a case where he fails
to perform a mitzva and thus violates His will, e.g., where he wears a
four-cornered garment [without tzitzit] or eats a major repast outside
the sukka. And there is a case where he fails to perform a mitzva, but
also does not violate [anything], e.g. where he does not wear the garment or
does not eat anything. This is evident. (Minchat Chinukh sec. 325, no.
10)
In
other words, the mitzva of dwelling in a sukka all seven days has the
status of a fulfillable mitzva, if a person decides to eat in the sukka,
and there is a prohibition to nullify the positive precept by eating outside
the sukka. We will see later that the Minchat Chinukh maintains
that this prohibition does not absolutely correspond to the non-fulfillment of
the mitzva. That is to say, there can be situations in which a person eats
without fulfilling the mitzva, but nevertheless he does not violate the
prohibition of nullifying the mitzva. What is important to emphasize here,
however, is how, in my humble opinion, one is not to understand the matter. R.
Yosef Engel, z"l, in his book, Atvan De-oraita (kelal
11) restated the Minchat Chinukh's position as follows:
Eating in the sukka
is not pleasing and desired in itself, for were that the case, it would not be
right to leave that eating to the will of the individual, so that it is
optional. Perforce, then, the intention of the mitzva lies exclusively in the
negation, that when a person eats, he must not eat outside the sukka,
and eating outside the sukka is what is not pleasing. But eating in the sukka
in itself is not at all pleasing or desired.
According
to this formulation, the mitzva of dwelling in a sukka is not
really a mitzva, but a prohibition one is forbidden to eat outside of a sukka.
The sukka serves as sort of a matir (factor of allowance) for
this prohibition.
This
is also the implication of the Avnei Nezer (Orach Chayyim, no.
481), who used this understanding to reconcile an objection raised against
Rabbenu Tam:
Rabbenu Tam
maintains that a woman may not make tzitzit nor bind the species
accompanying the lulav, because she is not obligated [in those mitzvot],
just as she is disqualified from writing tefilin, since she is not
obligated in the tying. This is astonishing, for how is this different from sukkat
GaNBaK [= the initial letters for the Hebrew words for "gentiles,
women, cattle and Samaritans"; in other words, a sukka made by a
gentile is fit]
It follows from this that regarding a sukka, we can say
that the sukka permits eating, enjoyment, and sleep
And this is the
implication of our passage that likens sukka to matza which all
seven days is optional. It is explicit then that it is merely forbidden to eat
outside the sukka, just as it is forbidden to eat chametz. And
therefore there is no objection from sukkat GaNBaK which is fit, for it
comes merely to allow [eating and the like], and therefore need not be made by
one who is obligated.
According to
the Avnei Nezer, a mitzva-object (cheftza shel mitzva) can
only be created by one who is bound by the obligation (bar chiyyuva),
but a sukka is not a mitzva-object. It is merely a matir, and a matir
does not require a bar chiyyuva.
This formulation,
however, seems to be exceedingly problematic it would seem that we are not
dealing here with prohibitions or prohibitions following from positive
precepts, but rather with a mitzva, which like many other mitzvot
includes a prohibition to nullify it. [As we shall see below, the Atvan
De-oraita himself rejects this understanding of sukka, but he
accepts it regarding tzitzit. But this too is very difficult; what value
is there in wearing a four-cornered garment, if all we have here is a
prohibition to wear such a garment without tzitzit? Is there any value
in buying meat in order to eat it without milk?]
Thus
far, we have been working on the simple assumption that the mitzva of dwelling
in a sukka is not a positive mitzva. Let us now analyze a discussion in
the framework of which there arise positions that question this assumption.
The
Gemara in Sukka 27a derives the law that dwelling in a sukka on
the other days is optional by way of an analogy to matza on Pesach:
Like residence,
just as residence if he wishes, he eats, if he wishes, he does not eat, so
too a sukka if he wishes, he eats, if he wishes, he does not eat. If
so, even on the first night of the festival! Rabbi Yochanan said in the name of
Rabbi Shimon ben Yehotzadak: It says here "the fifteenth," and it
says "the fifteenth" regarding Pesach. Just as there the
first night is obligatory, from then on it is optional, so too here the first
night is obligatory, from then on it is optional. And from where do we know
[the law] there? The verse states: "In the evening, you shall eat matzot"
Scripture established it as an obligation.
This
comparison brought the Rishonim to ask the following question: Why is a
blessing recited over eating in the sukka all seven days, but not over
eating matza on Chol Ha-mo'ed of Pesach? The question
assumes that the gezera shava between the two teaches us about a similar
level of obligation, and thus the law should be the same regarding the
blessing. If we further sharpen the matter, the question assumes that just as
eating in the sukka all seven days of Sukkot is a fulfillable
mitzva, so too eating matza all seven days of Pesach. This is the
position attributed to the Vilna Gaon (Ma'ase Rav, no. 185), and stated
explicitly by the Chizkuni (Shemot 12:18). In light of this, the Netziv
(Responsa Meishiv Davar, II, no. 77) considered the possibility that
a blessing recited over matza all seven days should not be considered as
a blessing recited in vain, and other Acharonim related (negatively) to
the custom that was common in certain communities to recite a blessing, but the
clear assumption of the Rishonim was that a blessing should not be
recited.
The
author of the Sefer Ha-mikhtam related to this question on p. 27a, bringing
two different answers. One answer explicitly rejects the assumption concerning matza,
and established that there is no fulfillment of a mitzva of eating matza
all seven days:
Rabbenu Shemuel
bar Shelomo, ztz"l, answered that matza is different,
because eating it on the other days is not for the sake of the mitzva of matza,
but for the sake of his body to satisfy his hunger, because he cannot fill
himself with chametz. It is like someone who fills himself with the meat
of a kosher animal because he is unable to eat the meat of a non-kosher animal,
but does not recite a blessing, "Who has sanctified us with His
commandments and commanded us to eat kosher meat." But a person certainly
does not dwell in a sukka for the sake of his body, or to satisfy his
hunger, but only to fulfill the mitzva, and therefore he must recite a
blessing.
If
we see in the eating of matza nothing more than an optional activity,
why is it so clear to us that sitting in a sukka constitutes a mitzva?
The Mikhtam explains that in contrast to the eating of matza,
which fundamentally is not a halakhic act, when a person eats on Sukkot,
the Torah commands him to perform a clearly halakhic act: to enter a sukka and
eat there, and thus it must be a mitzva.
The Mikhtam
also brings another answer that was offered already by the Ba'al
Ha-ma'or at the end of tractate Pesachim. This answer does not
reject the question's assumption that even the eating of matza involves
the fulfillment of a mitzva, but rather it argues that a blessing may only be
recited over a positive mitzva. Thus, he proposes the highly novel idea that sukka
all seven days of the holiday is a positive mitzva. How can this be?
Surely a person is not required to eat so that he can fulfill the mitzva of sukka?
The Ba'al Ha-ma'or explains as follows:
It may be
answered: Because on the other days [of Pesach] a person can go
without eating matza and sustain himself on rice and millet and all
kinds of fruit. This is not the case regarding a sukka, for a person cannot
go for three days without sleep and so he must sleep in the sukka and
enjoy himself there
. This is the reason that we recite a blessing over the sukka
all seven days, but we do not recite a blessing over matza all seven
days. (Ba'al Ha-ma'or, Pesachim 26b-27a in Alfasi)
The
Ba'al Ha-ma'or relies on what the Gemara says in several places that a
person cannot go for three consecutive days without sleep. According to him,
this means that dwelling in a sukka is a positive mitzva, for
willy-nilly a person is forced to decide between fulfilling it and nullifying
it. While this is true only with respect to sleep, sleep is only one practical
branch of the mitzva of dwelling in a sukka, which as a mitzva is
now defined as a positive mitzva. [The Birkei Yosef in sec. 639
writes: "And according to R. Zerachya ha-Levi who answered that the
obligation to sleep in a sukka is absolutely necessary, and this is the
main reason for the obligation to recite a blessing, as I have written, one
must be exceedingly careful about sleeping, for in addition to the obligation,
all the blessings are essentially because of the sleep."]
Two objections
may be raised against this explanation:
1) One question was raised by the Tashbetz in his responsa (I,
no. 100). The assumption that a person cannot go without sleep for three days
is brought in the Gemara in Sukka 53a:
Rabbi Yehoshua
ben Chananya said: When we celebrated Simchat Bet Ha-sho'eva, our eyes
did not see sleep
. Is this so? But surely Rabbi Yochanan said: I swear that I
will not sleep for three days, we flog him and he may go immediately to sleep!
Rather he said as follows: We didn't taste the taste of sleep, for we dozed off
on each other's shoulders.
In
light of this, the Tashbetz argues that one can avoid sleeping in a sukka by
restricting oneself to dozing:
If you say:
They are not similar, because sukka all seven days even though it is
optional, he cannot exempt himself from it all seven days, because it has been
established that one who swears that he will not sleep for three days is
flogged and then immediately goes to sleep this is nothing
Even for seven
days it is possible to doze a little on the shoulders of one's fellow as they
used to do at the Simchat Bet Ha-sho'eva, as it is stated in chapter He-Chalil
And even though we maintain (26a) that a nap requires a sukka, even if
he puts someone else in charge of his sleep that is by rabbinic decree,
because of a concern lest he be drawn into [deep] sleep. But not that it cannot
be so. This being the case, it is totally optional to sit in the sukka all
seven days.
2) A second objection touches upon the very essence of the Ba'al
Ha-ma'or's position: Why should the circumstantial fact that a person
cannot go three days without sleep define the mitzva as a positive mitzva? He
is forced to sleep by nothing more than circumstances. The Maharam Chalawa, at
the end of his novellae on Pesachim, cites the words of the Ba'al
Ha-ma'or. His formulation implies that while in essence the mitzva is not
defined as a positive mitzva, since at the bottom line the Torah forces a
person to dwell in a sukka, one can recite the words, "Who has
sanctified us with His commandments and commanded us to dwell in a sukka,"
which is not the case with matza all seven days of Pesach.
According to this, the Ba'al Ha-ma'or did not propose a novel
understanding of the essence of the mitzva of sukka all seven days.
The Atvan
De-oraita at the end of the aforementioned section also sees sukka all
seven days as a positive mitzva, but formulates the position differently than
did the Ba'al Ha-ma'or:
The position
itself of the aforementioned Minchat Chinukh, who writes that sukka
is exclusively a negative mitzva it seems, in my humble opinion, that this is
not true. Rather, sukka is a positive and independent mitzva, for the
Torah wants us to live for seven days in a sukka, just as we live all
year long in the house. As they said: "You shall dwell" similar to
[normal] residence. The fact that if a person wishes, he doesn't have to eat or
sit in a sukka, that is because that is the essence of residence, that
occasionally a person goes out or to the market, and only when he wishes to
eat, drink or sleep, does he eat, drink and sleep exclusively in his house.
This is the idea of residence in his house, and thus the Torah wanted us to
live for seven days in a sukka. Thus when the Torah asks for residence
in a sukka, it is asking for a desired and positive thing.
This
explanation posits that while indeed eating in the sukka is not a
positive mitzva, the truth is that the mitzva is not eating in the sukka. The
mitzva is dwelling in the sukka. A person must turn his sukka into
his home for all seven days of the festival, and the practical expression of
this is that all eating and sleeping must take place in the sukka.
In conclusion, let us note that the comparison
between a sukka and a house raised a certain difficulty for one of the Rishonim:
"You shall
dwell" similar to [normal] residence. Just as residence if he wishes,
he eats, if he wishes, he does not eat, so too a sukka if he wishes,
he eats, if he wishes, he does not eat. Now I fail to understand why we don't
say: Just as residence if he wishes, he eats in his house, if he wishes, he
eats out of his house, in his courtyard or on his roof, so too a sukka. (Responsa
Maharach Or Zaru'a, no. 196)
The answer to the Maharach Or Zaru'a's question,
it would seem, must be that the transition from the optional house to the
residence of mitzva creates a difference: A person is commanded to perform his
domestic activities in the sukka, which is no longer his personal space
which he can abandon at will.
In
our next shiur, we will deal with the law that one who is engaged in a
mitzva is exempt from other religious duties. Please study the Mishna on
p. 25a and the Gemara at least until p. 25b, "eima lo tzerikha,"
and if possible until 26a, "sheluchei mitzva anan u-peturin"
(without getting involved in the issue of mitzta'er), [Tosafot
25b, s.v. mishum]. In addition:
1) Avot 2:1, and Rambam's commentary ad loc.
2) On our passage: Tosafot 25a, s.v. sheluchei;
Ran 11a in Alfasi, s.v. matnitin, ve-ikka, u-mihu; Ritva,
s.v. matnitin.
3) [Shulchan Arukh 475:5; Mishna Berura, no. 39, Sha'ar
ha-Tziyun.]
4) Responsa Maharach Or Zaru'a, no. 183.
Young men
traveling to study Torah are exempt from all mitzvot as long as they are
in their master's house, like Rav Chisda and Rabba bar Rav Huna who were exempt
as long as they had not yet heard the lecture. Nevertheless, if they wish to
recite a blessing over tzitzit and tefilin, they may do so, just
like women. For Rabbenu Tam, of blessed memory, ruled that women may recite a
blessing over any time-bound positive commandment. And, therefore, they can
blow shofar for those who are obligated [in that mitzva]. And we do not
say that someone who is exempt, even by rabbinic law, cannot come and discharge
the obligation of someone who is obligated, for all of Israel are responsible
for one another. As it is stated in Rosh ha-Shana that regarding all
blessings, even though a person has already fulfilled his own obligation, he
can discharge the obligation of others.
(Translated by David Strauss)
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