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Sukah 002: Walls of the Sukah
Moshie Cohen asked:
Rabbi Chaim Wilschansky asked the following question: Rebbi Yoshiya
says in the name of Rav that the Machlokes between Rebbi Yehudah and
the Chachamim applies only when the walls do not reach the Sechach.
Does this mean that they must reach to within three Tefachim of the
Sechach, since then Lavud applies? Or, since this is a technical
matter of drawing one's eyes to the Sechach, must the walls reach all
the way to the Sechach with no space whatsoever?
Moshie Cohen, Yerushalayim
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The Kollel replies:
Since we are speaking about a physical phenomenon - that the eye is
drawn upward to the ceiling of a room as long as there is no gap
between the walls and the ceiling - I would say that the walls need
to reach all the way to the Sechach, and that we cannot rely on the
concept of Lavud.
It is clear that Lavud does not create a physical reality. One could
construct a Kosher Mechitzah out of a few pieces of string using the
concept of Lavud (Shulchan Aruch, OC 362:5), but this Mechitzah would
be useless for an Ezras Nashim or other instances where a Mechitzah
is needed for privacy.
Nonetheless, it could be that Rebbi Yoshiya does not require the
Sechach to come right up to the Sechach and that there is some
acceptable gap that would not interfere with our ocular phenomenon.
If so, then three Tefachim might, in fact, be a reasonable Shiur for
that gap. Not because of the Halachic effect of Lavud but because
three Tefachim is considered a small gap. We find this, in fact, by
Sechach Pasul (Shulchan Aruch OC 632:1). If the Sukah is only 7x7
Tefachim, then having more than three Tefachim of Sechach Pasul
invalidates the Sukah. The TAZ explains that less than three
Tefachim is insignificant. The Shaar haTzion there says that the Taz
is not using the concept of Lavud because Lavud only applies to empty spaces.
I would suggest two possible alternatives to three Tefachim. We find
that a Ner Chanuka must be Tefach Samuch lePesach (Shabbos 22a,
Shulchan Aruch, OC 671:7). Rashi explains that if it is within one
Tefach then it is recognizable that the Baal ha'Bayis placed it
there. One possible explanation of this Din is that two objects that
are within one Tefach of each other are seen by the eye to be related
to each other. Therefore the Baal ha'Bayis is careful to put it that
close to his property so everyone will know it is his. Perhaps we
could apply that to our Sukah and say that the eye will automatically
connect the wall with the Sechach if they are within a Tefach of each other.
An even better possibility is four Tefachim. Four Tefachim is
considered to be a Makom Chashuv (Rashi, Sukah 10a). Four Tefachim
of Sechach Pasul invalidate a large Sukah (Shulchan Aruch, OC 632:1).
The Mishnah Berurah explains that we are speaking about a four
Tefachim strip of Sechach Pasul down the middle of the Sukah.
Because four Tefachim is a Makom Chashuv, it has the effect of making
the Sukah appear to be split in half and therefore invalid because
each half is lacking a sufficient number of walls. This would
suggest that a four Tefachim gap is that gap which psychologically
splits one object from another.
Kol Tuv,
Yonasan Sigler
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