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The Israel Koschitzky Virtual Beit Midrash
Gemara Sukka Yeshivat Har Etzion
Shiur #03: "'You Shall Dwell' Similar to
[Normal] Residence" and the Law of Discomfort
(Mitzta'er)
By Rav Shmuel Shimoni
Mitzta'er - One Who Suffers
Discomfort
Today we shall deal with an exemption that is certainly unique to the
mitzva of sukka: the law of mitzta'er, one who suffers discomfort. It is reported about R. Chayyim Ozer, the author of the
"Achiezer," that he was once a guest in the
sukka of R. Barukh
Ber Leibowitz, author of the
"Birkat Shemuel." R. Barukh Ber suffered discomfort in the sukka on account of the cold, offered his apologies
and went into the house, whereas the Achiezer,
who did not share his discomfort, remained in the sukka. A
few minutes later, R. Barukh Ber came out and rejoined him, and in response to his
guest's astonishment, he explained that while the law of mitzta'er exempts him from the mitzva of sukka, it does
not exempt him from the mitzva of hospitality, and
therefore he must sit in the sukka together
with his guest.
What is the source of the law of mitzta'er?
You shall
dwell in booths seven days; all that are home born in
Israel shall dwell in booths. (Vayikra 23:42)
Several exemptions from the mitzva of
sukka are derived from the derasha, "'You shall dwell' similar to [normal]
residence," which teaches that one is not obligated to sit in a sukka in a manner that does not correspond to the
normal manner in which he resides in his house. See for example, Tosafot 26a, s.v.
holkhei:
Wayfarers
during the day all this is derived from "'You shall dwell' similar to
[normal] residence." For just as a person in his house does
not refrain from embarking on a journey, [so too when he is in his sukka].
And similarly, someone who suffers discomfort whom they exempted earlier
from the sukka, this is because of "'You shall dwell' similar to [normal] residence." For a person does not reside in a place where he suffers
discomfort.
The Ritva (26a) raises the objection that this
derivation is not at all simple, "for on the contrary, since it does not say,
'you shall reside,' but rather 'you shall dwell,' this implies the opposite." He
therefore proposes two explanations of this derivation. The first explanation builds on the
intention of the mitzva: "For we learn this from the
intention of the mitzva, for the Torah says: 'You
shall dwell in booths seven days,' that is to say, as you would dwell in your
houses." He proposes a second explanation in his commentary to p. 28b in the
name of the Ramban:
The question
may be raised: Why is the "home born" (ezrach) mentioned at all? I heard in the name
of our great teacher, the Ramban, of blessed memory,
that it comes to teach that the obligation of sukka applies only to one who is 'like a green tree
(ezrach) in its native soil' (Tehilim 37:35), to the exclusion of wayfarers, and
produce watchmen, and one who suffers discomfort, and the like. And that which we say in many places,
"'You shall dwell' similar to [normal] residence"
is derived from here. For this
verse clarifies that when it says, "you shall dwell," it is not any dwelling,
but dwelling similar to normal residence, as in: "And Yaakov dwelt [vayeshev] in the land in which his father had
sojourned" (Bereishit 37:1) and other
verses.[1]
These two explanations seem to reflect different understandings. If indeed we learn from "'You shall dwell' similar to [normal] residence," this
means that there exists a model one's normal residence to which the sukka is supposed to correspond. There is, indeed, a fundamental tannaitic controversy in the first chapter of the tractate
whether the sukka must be a permanent
structure, so that it totally replaces the house, or it is only a temporary
structure. But even according to
the second opinion, we are dealing with something that temporarily serves as
one's house. If dwelling in the
sukka involves leaving the house for
something that cannot be seen as one's house, there is a lack of correspondence
to the model, and in such a situation the Torah's command does not apply.
The Ramban's explanation, on the other hand,
goes off in a different direction.
There is a certain manner in which one must dwell in the sukka: "like a green tree in its native soil." A
person must derive pleasure from the freedom and protection that God grants him
even when he is not in his permanent home.
There is a clear difference between the two explanations in the case
where dwelling in the sukka would be
accompanied by discomfort that does allow a person to be "like a green tree in
its native soil," but this discomfort does not stem from his dwelling in the
sukka, but from circumstances that exist in his
permanent house as well. According
to the Ramban, the exemption would apply even in such
a case, for the desired quality of dwelling in the sukka would be missing. According to the first explanation, on
the other hand, dwelling in the sukka
would be obligatory in such a situation, for this is "similar to [normal]
residence" the sukka is similar to the model
of the normal house.
The Sefer Yere'im (no. 421) clearly follows the first
approach:
A mitzta'er is exempt from the sukka.
This refers to one who suffers discomfort in the sukka, and when he goes out, he is spared [that
discomfort]. And the reason is
that we need [dwelling] similar to [normal] residence, and a person does not
normally remain in his house in discomfort.
The Shulchan Arukh follows this approach as well (640:4):
A mitzta'er is only exempt if he can spare
himself of the discomfort [by leaving].
But otherwise he is obligated to dwell in the sukka, even if he suffers discomfort.
The Maharik (175), however, cites
the words of the Yereim, and raises an
objection from the Gemara on p. 25b, which states:
Rabbi Abba bar
Zavda said in the name of Rav: A mourner is obligated in sukka.
This is obvious. You might have
said: Since Rabbi Abba bar Zavda said: One who suffers
discomfort is exempt from the sukka he too
suffers discomfort. Therefore he
teaches you that this applies to discomfort that comes
on its own. Here, however, it is he
[= the mourner] who causes himself to be distressed, and he is obligated to
settle his mind.
There does not seem to be any difference between the mourner's state of
mind in the sukka and his state of mind
in his house. Thus the Maharik writes:
But according to R. Eliezer of Metz (= the Yere'im), why mention that he is obligated to settle
his mind. Learn it from the fact
that if he leaves the sukka, his pain will not
diminish and he will not be spared the discomfort. For it is very forced to say that sitting in the sukka will increase the pain of his grief. On the contrary, logic dictates the
opposite.
The Rishonim seem to have been aware of
the objection raised by the Maharik, and they tried to
answer it in various ways. The
approach that the Maharik viewed as very forced was
accepted by the Rosh as legitimate (2, 4):
Rabbi Abba bar
Zavda said in the name of Rav: A mourner is obligated in sukka.
This is obvious. You might have
said: Since Rabbi Abba bar Zavda said: One who suffers
discomfort is exempt from the sukka he too
suffers greater discomfort sitting in the sukka than sitting in his house, because a
mourner prefers to be alone, sitting in a dark and grievous place, so that he
may immerse himself in his sorrow.
Therefore he teaches you that this applies to discomfort that comes on its own.
Here, however, it is he [= the mourner] who causes himself to be
distressed, and he is obligated to settle his mind.
Rashi on the Gemara
(ad loc.) seems to have taken a different direction:
Discomfort that comes on its own where the sukka causes him discomfort, e.g., the sun, or
the cold, or the smell of the things used for sekhakh.
Rashi implies that indeed the Gemara's initial understanding was not in accordance with
the view of the Yere'im that the law of mitzta'er is limited to discomfort coming from
the sukka itself, but this is precisely
the Gemara's point in its conclusion.
The Taz (640, nos. 7-8) views
these resolutions as being very forced, and therefore
he develops a different approach.
He first addresses the view of the Yere'im, accepted as law by the Shulchan Arukh, and
asks: Surely this is obvious! For why should we allow a person to cancel the
mitzva of sukka
for no reason? The formulation that he puts forward seems to go in the
opposite direction of the Yere'im, a position
that we have attributed to the Ramban:
Unless he can spare himself of the discomfort, for we need [dwelling]
similar to [normal] residence, and a person does not
ordinarily remain in his house in discomfort. Thus writes the Mordekhai in the name of the Yere'im.
But there is a difficulty: This is obvious! Why should he be exempt
if he has no greater discomfort in the sukka
than in his house? Why should he cancel the mitzva of
sukka for no reason? It may be suggested that
one might have thought that the reason for the exemption of mitzta'er is that the essence of the mitzva of sukka is to
remember the idea of the sukka, as it says,
"For I caused them to dwell in booths." And a person who suffers discomfort is
involved in his discomfort and doesn't put his heart to this, and therefore he
is exempt. Therefore the verse
comes to teach you that this is not the reason, but rather that we need
[dwelling] similar to [normal] residence, and a person does not reside in a
place of discomfort if he can relieve himself of it by leaving, and the same
applies to sukka.
The Gemara's initial assumption, according to
this formulation, was that any situation of discomfort makes it difficult for a
person to remember and experience the idea of a sukka.
It would seem that we are dealing with nothing more than a rejected
initial assumption, but in his next comment, the Taz relates to the passage dealing with the
law of mitzta'er regarding a mourner,
and after rejecting the various explanations, he proposes that indeed there are
two different laws regarding mitzta'er:
It seems to me
that both of them are true, for there are two types of discomfort. The one, if he suffers discomfort
specifically on account of the sukka, the sukka causing him discomfort if he sits
there. In such a case the exemption
on account of anxiety does not apply, for on the contrary, then he remembers the
mitzva of sukka more, since he is forced to dwell in a
place that causes him discomfort.
As it is stated in sec. 625 that for this reason God, blessed be He,
commanded that we erect a sukka in Tishrei rather than in Nisan, because in Tishrei other people leave the sukka, etc.
Here we say that he is only exempt if he has a place where he will be
spared [the discomfort]. But other
sources of anxiety that cause a person discomfort for other reasons, like if he
is sick or suffers other bodily discomforts, where he has no greater relief in
the house than in the sukka, nevertheless he is
exempt on account of the anxiety, because he cannot have the [proper] intentions
for the sukka. Thus, I might have said that the
same applies also to a mourner, even though for him there is no difference
between a house and a sukka. Therefore it teaches you that this is
not called anxiety at all, because he is obligated to settle his mind and allow
himself to be obligated in God's mitzva, blessed be
He.
In other words, there is a law of mitzta'er that is connected to the very
discomfort that a person suffers, such that it prevents him from properly
remembering the purpose of the sukka. This is not dependent upon his house
offering him a better situation.
However, if we are dealing with discomfort that stems from the very
dwelling in the sukka, this does not impair a
person's ability to remember, for on the contrary, it emphasizes that he is now
sitting in a place that is different than usual. There is, however, also a second law
that states that a sukka must be "similar to
[normal] residence," so that dwelling in the sukka must be similar to dwelling in the house. For this reason, discomfort that could
be relieved by going into the house exempts a person from his obligation to
dwell in a sukka.
Watchmen
Over Gardens and
Orchards
Watchmen over gardens and orchards are exempt both by day and at
night. Let them build a sukka there and dwell in it! Abaye said: "You shall dwell" similar to [normal]
residence. Rava said: The breach calls out to the thief. What is the difference between them?
There is a difference between them where he guards a pile of fruit. (Sukka 26a)
Several questions may be asked regarding this Gemara:
-
Why, according to Abaye, is there no "dwelling
similar to [normal] residence" here?
-
Why does Rava not think that this rationale
works to exempt the watchmen? Surely it is difficult to assume that he disputes
the very principle, as Tosafot write ad
loc.: "It is not because Rava does not accept the
derasha of dwelling similar to [normal]
residence, for it is taught in a Baraita later in the
chapter (28b)"?
-
How does the argument of "a breach calls out to the thief" exempt a
person from a biblical commandment?
The Rishonim disagree about the answer to the
first question. Rashi writes:
"Similar to [normal] residence" as he resides all year long in his
house. The Torah requires a
person to leave his house and dwell in a sukka
with his bed and utensils and linens.
And this person cannot bring them there because of the exertion
[involved].
The words of Rashi contain two novel ideas:
-
We expect the person to dwell in his sukka in the same conditions as he lives in his
house, and not in the conditions to which he is accustomed as a watchman. In other words, the model is not the
alternative had it not been for the mitzva of sukka, but rather one's permanent residence.
-
Even if a person is capable of bringing his household utensils to the
sukka, we do not require him to exert himself
in order to do so. We are not
familiar with an exemption from mitzvot
based on exertion. It seems
that such exertion is regarded as discomfort, so that the exemption here is that
of mitzta'er.
Let us now compare this to the explanation of Ribav, (R, Yehuda bar Berakhya,
nephew of the Baal Ha-maor) (12a in Alfasi):
Abaye said: "You shall dwell" similar to [normal]
residence. That is to say, a person
is only obligated to dwell in a sukka at
a time that he would ordinarily dwell in his house the rest of the year. But watchmen over gardens and orchards
are never accustomed to dwell in their homes, but rather in the gardens and
orchards. Therefore they are exempt
from sukka.
The Ribav makes no mention of household
articles and utensils. According to
him, and in this there is a certain similarity to the first novelty in Rashi's position, the sukka
is not meant to substitute for the place where the person would be were it not
Sukkot, but for a normal house. Someone who does not live in a normal
house, is not obligated to replace his watchman's hut
with a sukka.
The Ritva adopts a different approach:
Let them build
a sukka there! Abaye said: "You shall dwell" similar to [normal]
residence." Since one does not ordinarily establish a permanent residence there,
he is not obligated to build a sukka there.
The Ribav based the exemption on the fact that
the mitzva of sukka relates to people who live in normal
houses. The Ritva does not base himself on the place where the person
would be living were it not for the holiday of Sukkot, but rather on his situation were he to build
a sukka. A sukka must correspond to a reasonable house
"similar to [normal] residence" and in a place where one does not ordinarily
build a permanent house, one is also not obligated to
erect a sukka.
Of course, Rava must disagree with all these
arguments. The Ritva writes: "Rava maintains that
we do not take the derasha, "Dwelling similar
to [normal] residence," to that extent that one should only construct his sukka in a place where he is accustomed to
establish his permanent house." As for the arguments put forward by Rashi and Ribav, it is very
possible that Rava disagrees with their basic premise,
and that he maintains that it suffices if the sukka corresponds to the situation in which the
person would be were it not for the festival of Sukkot.
Thus writes the Ran:
Rava said that we do not exempt him for this reason, for it
is similar to [normal] residence, for all year long he lives in those structures
in the gardens and with the same utensils.
According to this, the controversy between Abaye and Rava is similar to the
two approaches that we saw in the Rishonim
concerning the basis for the law of mitzta'er,
whether it stems from the degree of correlation that must exist between the
sukka and the house, or it stems from a
certain objective level of comfort that sitting in a sukka must reach. It is possible that the disagreement is
in the framework of Rava's position which has been
accepted as law, whether he denies the specific application of the principle of
"dwelling similar to [normal] residence" in our case, or he disagrees with the
very possibility of setting an objective threshold for the manner of dwelling in
a sukka.
As for Rava's argument that an exemption from a
biblical commandment may be granted on account of a concern about thievery, the
Ritva writes:
The matter is
astonishing. Does Rava not have the law that "dwelling [in a sukka] must be similar to [normal] residence"
And
furthermore, how does he exempt a person from sukka because of a concern about monetary loss? Is a
person ever exempted from a mitzva for that reason? It
may be suggested that both [Abaye and Rava] are on account of "Dwelling similar to [normal]
residence." But Abaye takes the derasha further and exempts a person even when
there is no loss, since this is not the ordinary place for him to build his
house. And Rava maintains that we do not take the derasha, "Dwelling similar to [normal] residence," to
that extent that one should only construct his sukka in a place where he is accustomed to
establish his permanent house.
However, when there is monetary loss and he suffers discomfort and a
loss, in such a case we exempt him on account of "dwelling similar to ordinary
residence."
The Yere'im (no. 421) also writes
that both Abaye and Rava
base their positions on the principle that dwelling [in a sukka] must be similar to [normal]
residence:
Abaye said: "You shall dwell" similar to [normal]
residence. This means like ordinary
residence, and one does not ordinarily establish residence in a field. Rava said: The
breach calls out to the thief. And
one does not ordinarily establish residence in a place that the residence will
lead to a loss.
The Yere'im's position is
slightly difficult, for he implies that all agree that there exists an objective
threshold of normal residence that must be met, and we saw earlier that the
Yere'im heads those who see in the law of mitzta'er correlation with the ordinary level
of residence, and nothing more. His
position therefore requires further examination. This might serve as proof to the
position of the Taz, who maintains that even
according to the Yere'im there exist two
laws of mitzta'er.
Discomfort While Sitting In
A Sukka And On The Way
To The Sukka
Before concluding, let us address the difference between two different
situations of discomfort. There are
cases in which the dwelling in the sukka
is itself accompanied by discomfort, e.g., when rain is falling into the
sukka.
There are, however, other cases, in which a person must suffer discomfort
in order to reach the state that he can dwell in the sukka.
Even in such cases, there are times that a person is exempt from sukka, and here too because of the requirement that
one's dwelling in a sukka be similar to his ordinary residence. That is to say, a person is not required
to invest greater efforts in order to reach a sukka than he would to reach his house. Let us bring several examples to this
second type of mitzta'er:
Rashi's explanation cited above regarding the exemption
granted to watchmen over gardens and orchards: "'Similar to [normal] residence'
as he resides all year long in his house, the Torah required him to leave his
house and dwell here in a sukka with his bed
and utensils and linens. And this
person cannot bring them there because of the effort." Were the person to exert
himself and bring his household effects to the sukka, he would be able to live there as he does in
his house, but the Torah does not require him to make that effort.
The Mishna states that sick people and their
aides are exempt from the sukka. What is the basis of the allowance
granted the aides? Surely they are healthy, and if they move into a sukka, they will comply with the requirement of
ordinary residence. Some Acharonim understand that this exemption does not
stem from the need for "ordinary residence," but from the law that "one who is
engaged in a mitzva is exempt from other
religious duties" (see Shulchan Arukh Ha-rav, 640:7), but the
Arukh Ha-shulchan
(640:4) disagrees, and suggests a different understanding: "It seems to me
that this all falls under the law that a person's dwelling in a sukka must be similar to his ordinary
residence. Just as a person whose
house is hard on his health will leave his house, so too regarding a sukka.
And just as a sick person's aides leave their house and sit next to the
patient, so too regarding a sukka. This applies even if they are being
paid, for they are no worse than produce watchmen, who are exempt, as will be
explained, for a sukka is no better than a
person's house."
The Baraita on p. 29a states: "Our Rabbis
taught: If a person was eating in a sukka, and
it began to rain, and he went down [to his house], we do not trouble him to go
back up until he has finished his meal."
Following the Terumat Ha-deshen, the Rema rules
(640:4): "If the candles in the sukka blew out
on Shabbat, and a person has light in his house, he is permitted to leave
the sukka in order to eat where there is
light, and he is not required to go to another person's sukka where there is light, if this involves
excessive effort."
How are we to relate to a person
who is exempt from the obligation of sukka
because of the law of mitzta'er, but
nevertheless is stringent with himself and sits in the sukka? The Hagahot Maimuniyot
(Hilkhot Sukka 6, no. 3) writes:
R. Simcha writes: I maintain that anyone who is
exempt from the sukka but fails to leave does
not receive reward and is regarded as a fool, as it is stated in the Yerushalmi, that anyone who is exempt from some
obligation, but fulfills it, is called a fool.
This ruling is accepted by the Rema
(639:7). It is part of an issue
that goes beyond our discussion, namely, excessive stringency (the Be'ur Halakha
restricts this judgment to situations involving a certain transgression,
e.g., mitzta'er who diminishes his
enjoyment of the festival).
However, as many have noted, its stands to reason that this ruling is
true regarding a stringency that does not involve the fulfillment of a
mitzva, as opposed to lulav for women or the like. If this is correct, then we must
understand that in the case of mitzta'er, there
is no value whatsoever to sitting in a sukka,
because it is not similar to ordinary residence. According to this, there may be
additional problems with dwelling in a sukka in
a state of discomfort:
A blessing recited in vain.
The Be'ur Halakha at the beginning of sec. 640 writes: "It seems
that in cold weather, one should be careful to wear warm clothing when he eats
in the sukka, so that he not fall into the
category of mitzta'er on account of the
cold, and there be concern about a blessing recited in vain." See also Birkei Yosef, no. 8:
"There are those who are in doubt regarding those who are exempt from sukka but wish to be stringent upon themselves
and eat and sleep [there], whether they may recite a blessing. The Bet Moed says that since he accepted it upon himself as an
obligation, he demonstrates that he does not suffer discomfort, and so he
recites a blessing. It seems to me
that one should not rely on this argument, for a person knows his discomfort
and it is unfitting to sit in a sukka if he is
exempt, and this is not called a stringency. And if a person refuses to listen to his
teachers and wishes to be stringent in a place where stringency is
inappropriate, why should he recite a blessing? And if he recited a blessing it
is a blessing in vain."
The Gemara on p. 9a states: "From where do we
know that the wood of a sukka is prohibited all
seven days? As it is stated: 'The festival of Sukkot, for seven days unto the Lord.'"
Obviously, when a person sits in a sukka and
fulfills thereby the mitzva, there is no problem in
his deriving pleasure from the wood of the sukka.
But what is the law regarding one who remains in his sukka even while it is raining, or the like? The
author of Responsa Oneg Yom Tov (no. 49) dealt at
length with this issue, raising an objection against the Rema who merely noted that such a person is called a fool,
but did not relate to the prohibition that this involves. He proposed several solutions; see
there.
Assuming that the principle arising from the Rema is generally accepted (it is the custom of Chabad to continue eating in a sukka even if it is raining; perhaps we will find
justification for this practice in a later shiur), let us once again relate to the distinction
between the two situations of mitzta'er.
The author of the Machatzit
Ha-shekel (on the Magen Avraham, at
the beginning of sec. 639) understood that the law of the Rema applies also to a person who makes extraordinary
efforts, beyond the requirements of the law, to cross a river in order to reach
a sukka.
According to him, there is no distinction between the two situations of
mitzta'er. Rabbi Akiva Eiger, however,
disagrees:
This is not similar to the law regarding one who is exempt, but
nevertheless performs the mitzva, for that
applies only to one who sits in a sukka when it
is raining. For at that time he is
exempt from sitting in a sukka. That is not the case here, for he was
not required to trouble himself and cross [the river] by boat, but once he has
already crossed, then when he is in the place of the sukka, and there is no trouble, he is obligated to
sit in the sukka, and he fulfills a mitzva, and may recite a blessing. (Responsa Rabbi Akiva
Eiger, first series, no. 68)
According to R. Akiva Eiger, there is room to discuss whether a person who is
stringent upon himself and crosses a river is indeed called a fool, but once he
reaches the stage of sitting in the sukka, he
fulfills thereby the mitzva, and he is even
regarded as one who is obligated in the mitzva,
for now his actions have the quality of ordinary residence. It should be added, that if the reason
that such stringency is regarded as the custom of fools is that there is no
value to such sitting in a sukka, then in this
case there is no room for such concern.
Thus, indeed, writes the Be'ur Halakha on the aforementioned ruling of the Rema in the name of the Bikkurei Yaakov:
It seems to me that that which we say that it is nothing but the act of
fools for which there is no reward this is only when he is exempt at the time
that he is sitting [in the sukka], for example,
if he suffers discomfort, or the like, and especially when it is raining, for it
is like throwing water in his face, where his master shows him that he is not
pleased by his service, and he wishes to force his service on his master, which
is not correct behavior. However,
one who is exempt because of the trouble involved in returning to a sukka, e.g., where the rain stopped in the middle of
the night or the middle of his meal, or where he must go to his friend's sukka in such a case there is reward, for it is no
worse than one who drinks water in a sukka,
regarding whom we say that he is praiseworthy, even though by law he is
exempt. And all the more so when at
the time that he sits [in the sukka] he
properly fulfills the mitzva of sukka, even though at the outset he was not obligated
to go there. And therefore, even
the Hagahot Maimuniyot writes only that "anyone who is exempt from
the sukka but fails to leave," implying that at
the time that he sits [in the sukka] he is
exempt.
Next week we shall begin to study one of the most
fundamental issues regarding the mitzva of dwelling in
a sukka the dispute between Rabbi Eliezer and the Sages on p. 27a. Next week we shall focus on the position
of Rabbi Eliezer. Please study the Mishna and the Gemara until "achat li-khevod konekha." In addition:
-
Tosafot, s.v.,
teshvu (until "leilot ki-be-yamim"), ve-ha, chazar, be-minei.
Maharshal in Chokhmat Shelomo on
Rashi, s.v. chazar bo; Maharsha, ad
loc.
-
Ritva, s.v. ha
di-tenan ve'od amar Rabbi Eliezer, until the
end of the page.
Tosafot Rid:
And Rabbi
Eliezer also said: One who fails to eat on the first
night of the festival compensates on the last night of the festival. This means that he compensates and eats
in the sukka. And there is no problem here of bal tosif [= the
prohibition of adding to a mitzva], for since his
intention is to compensate for a deficiency in the seven days of [sitting in a]
sukka, he has no intention of adding [to the
mitzva].
Certainly, if he ate all fourteen meals in the sukka, and on the eighth day he ate another meal in
the sukkai, this would involve bal tosif. And the teacher [= Rashi] explained that if he makes up the deficiency
in a sukka, there is bal tosif. But this does not seem correct to
me.
Tosafot Ha-rosh:
But surely
Rabbi Eliezer said: A person is obligated to eat
fourteen meals in the sukka. And Rashi
explained: Since a person is obligated to eat in a sukka, how can he make it up on the last night of the
festival? Surely, if he eats in the sukka
for the sake of the mitzva, he violates the
prohibition of bal tosif. This
is difficult, for then what is the answer that Rabbi Eliezer retracted what he said that a person is
obligated to eat fourteen meals in a sukka.
In any case, how can he make it up in the sukka on the last night of the festival; he
violates the prohibition of bal tosif.
Therefore, it seems to me that the question is as follows: Surely,
Rabbi Eliezer said that a person is obligated to eat
fourteen meals in a sukka. Why then did he say that one who fails
to eat on the first night of the festival [compensates on the last night of the
festival]? He should have said that one who fails to eat one of the [fourteen]
meals compensates! And the Gemara answers that Rabbi
Eliezer retracted. But that which he eats on the last night
of the festival outside a sukka is not
difficult. This is similar to one
who forgets to recite the afternoon service on Shabbat, and must pray two
weekday prayers on Motzaei Shabbat, and
with that weekday prayer fulfills his obligation regarding the Shabbat
prayer that he had forgotten and not recited, since there is no other
way. Here too one who cannot eat in
a sukka fulfills his obligation outside the
sukka.
Rabbi Eliezer retracted. Rashi explained
that he went back to the position of the Sages that there is no set amount [of
meals] and if a person wishes to fast, he may do so with the exception of the
first night of the festival. His
explanation is difficult, for the term, hishlim, does not denote compensation, but filling in
the count of fourteen meals. And
furthermore, since we learn from matza, we do
not find that there is compensation for the eating of matza on the first night of Pesach. And furthermore, there is a slight
implication in the Yerushalmi that an
olive-size of grain is required for his meal on the first night of the festival,
as with matza. And here it says that he can make it up
with deserts. And furthermore, the
story of Agripas's administrator implies that Rabbi
Eliezer did not exempt a person with a single
meal. Therefore, it seems that R.
Eliezer retracted what he said regarding making up
meals in the sukka, but he still requires
fourteen meals. And thus we find in
the Yerushalmi: Rabbi Yitzchak said: They are
compared for the mitzva. Lekhatchila
one must eat in the sukka, but if he failed
to eat, he can make it up on the eighth day without a sukka.
(Translated by David Strauss)
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