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Sefer Zemanim

הלכות שופר וסוכה ולולב

Shofar, Sukkah and Lulav

The third book is Zemanim (Times). Shofar ve-Lulav ve-Sukkah; laws of Rosh Hashanah and Sukkot

Complete work · 8 chapters · Hebrew + English

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Chapter 1

Chapter 1

#1
1

It is a biblical commandment to hear the sound of the shofar on Rosh Hashannah as it says "it is a day of blowing the horn unto you." The horn which is blown, both on Rosh Hashannah and for the Jubilee year, is a bent ram's horn. All Shofars are invalid except the horn of a ram. Even though a Shofar is not mentioned explicitly in the passage about Rosh Hashannah, it does say in the passage about the Jubilee year "Then shalt thou make proclamation with the blast of the Shofar" and we have learned through the Tradition that just as the "teruah" of the Jubilee year is with a shofar, so is the "teruah" of Rosh Hashannah.

2

In the Temple, on Rosh HaShanah, they would blow [the shofar in the following manner]: There was one shofar and two trumpets, [one on either] side. The sounding of the shofar was extended, while that of the trumpets was shortened, because the mitzvah of the day is performed with the shofar. Why were the trumpets sounded together with it? Because [Psalms 98:6] states: "You shall sound trumpets and the voice of the shofar before G-d, the King." However, in other places on Rosh Hashanah, only the shofar is blown.

3

A priori, we do not blow with a shofar of idolaters (gentiles). But if one blew [with one], he has fulfilled [the commandment]. And if one blew [with a shofar] of a condemned city (eer hanidachat), he has not fulfilled [it]. With a stolen shofar with which he has blown, he has fulfilled [it]; as the commandment is only listening to the sound - even though he did not touch it and did not raise it up, the listener has fulfilled [it]; and there is no law of theft with sound. And so [too with] the shofar of a burnt offering, he should not blow, but if he blew, he has fulfilled [it]; as there is no law of misappropriating [the sacred] with sound. And if you say, "Did he not derive pleasure from listening to the sound"; [the answer is] that the commandments are not given for pleasure . Therefore, one who has vowed not to derive pleasure from the shofar is permitted to blow the blow of the commandment with it.

4

Regarding a shofar to be used on Rosh HaShanah: It is forbidden to violate the festival laws to obtain it. This applies even when the forbidden practice is in the category of sh'vut. How is the above exemplified? If there is a shofar in a treetop or across a river - and that is the only shofar available - one may not climb the tree or swim across the water to bring it. Needless to say, we may not cut the shofar [from the animal's head] or perform a forbidden labor [to prepare a shofar so that we may blow it]. [The rationale for the above is:] Blowing the shofar fulfills a positive commandment, while [the observance of] the festivals fulfills both a positive and a negative commandment. The observance of a positive commandment does not negate the observance of both a positive and negative commandment. It is permitted to rinse a shofar with water, wine, or vinegar in order to improve its tone. However, as an expression of deference, one should never use urine [for that purpose], lest one view the mitzvot in a deprecating manner.

5

The minimum size of a shofar is [a measure] sufficient that one may hold the shofar in one's hands [with the ends] visibly [protruding] on either side. Should a shofar be cracked lengthwise, it is unacceptable. Should it be cracked along its width - if a measure equivalent to the minimum size of a shofar remains, it is kosher. It is considered as if it were cut off at the place of the crack. [Regarding a shofar with] a hole: If it was plugged with another substance, it is unacceptable. If it was plugged with its own kind, it is kosher [under the following conditions]: the majority of the shofar remained whole; the plugging of the holes did not alter its sound. If one [merely] perforated the insides of the horn, [but did not remove them,] it is kosher, because a substance of the same kind is not considered an intervening entity. Should one stick together fragments of shofarot until one has constructed a shofar, it is unacceptable.

6

If one made any addition to a shofar - whether of its kind or from another substance - it is unacceptable. Should one coat it with gold from the inside or at the mouthpiece, it is unacceptable. Should one coat it on the outside: If its sound is changed from what it was originally, it is not acceptable. If its sound did not change, it is kosher. Should one place one shofar within another: If one hears the sound of the inner shofar, one has fulfilled one's obligation. If one hears the outer shofar, one has not fulfilled one's obligation. Should one widen the narrow portion of the shofar and narrow its wider end, the shofar is unacceptable.

7

If a shofar was long and one shortened it, it is kosher. If one scraped away the horn - either from the inside or from the outside - even if one did so to the extent that all that remained was the thin external shell, it is kosher. Regardless of whether [the shofar's] sound is heavy, thin, or raspy, it is kosher, because all the sounds produced by the shofar are kosher.

8

When a person sounds a shofar within a pit or within a cave, those standing within the pit or cave fulfill their obligation. Concerning those standing outside: If they hear the sound of the shofar, they fulfill their obligation. If they hear the sound of an echo, they do not fulfill their obligation. Similar principles apply regarding one who blows into a giant barrel. If he hears the sound of a shofar, he fulfills his obligation. If he hears an echo, he does not fulfill his obligation.

Chapter 2

Chapter 2

#2
2

Whoever is not [himself] obligated regarding this matter cannot facilitate the performance of the mitzvah for one who is obligated. Thus, if a woman or a minor blows the shofar, one who hears does not fulfill his obligation. An androgynous can facilitate the performance of the mitzvah for one of his kind, but not for one who is not of his kind. A tumtum cannot facilitate the performance of the mitzvah [for anyone], whether of his kind or not of his kind, for if [the layer of skin covering] the tumtum's [genitalia] is cut open, it is possible that it will be discovered that the tumtum is a male, but it is possible that it will be discovered that the tumtum is a female.

3

A person who is half slave and half free cannot even facilitate the performance of the mitzvah for himself, because the aspect of himself which is a slave cannot facilitate the performance of the mitzvah for the aspect of himself which is free. How should he fulfill his obligation? He should hear a free man blow the shofar.

4

A person who occupies himself with blowing the shofar in order to learn does not fulfill his obligation. Similarly, one who hears the shofar from a person who blows it casually does not fulfill his obligation. If the person hearing had the intention of fulfilling his obligation, but the person blowing did not have the intention of facilitating the latter's performance of the mitzvah, or the person blowing had the intention of facilitating his colleague's performance of the mitzvah, but the person hearing did not have the intention of fulfilling his obligation, [the person hearing] did not fulfill his obligation. Rather, both the person hearing and the one allowing him to hear must have the [proper] intention.

5

If the festival of Rosh Hashanah falls on the Sabbath, the shofar is not sounded in every place. [This law was enacted] even though blowing [the shofar] was forbidden only as sh'vut. It would be appropriate for [the shofar] to be sounded, for a positive commandment of the Torah should supersede sh'vut instituted by the Sages. If so, why is the shofar not sounded? Because of a decree [of the Sages] lest a person take it in his hands and carry it to a colleague so that the latter can blow for him, and [in the process,] carry it four cubits in the public domain or transfer it from one domain to another, and thus violate a prohibition punishable by being stoned to death. [This is necessary because] all are obligated in the mitzvah of blowing the shofar, but not all are skilled in it.

6

If the festival of Rosh Hashanah falls on the Sabbath, the shofar is not sounded in every place. [This law was enacted] even though blowing [the shofar] was forbidden only as sh'vut. It would be appropriate for [the shofar] to be sounded, for a positive commandment of the Torah should supersede sh'vut instituted by the Sages. If so, why is the shofar not sounded? Because of a decree [of the Sages] lest a person take it in his hands and carry it to a colleague so that the latter can blow for him, and [in the process,] carry it four cubits in the public domain or transfer it from one domain to another, and thus violate a prohibition punishable by being stoned to death. [This is necessary because] all are obligated in the mitzvah of blowing the shofar, but not all are skilled in it.

7

Children who have not reached an age at which they can be educated: We need not prevent them from blowing [the shofar] on a Sabbath which is not the festival of Rosh Hashanah, so that they will learn [to blow]. An adult is permitted to be involved in the instruction [of children in the blowing of shofar] on the festival. [This applies] concerning both children who have reached an age at which they can be educated and those who have not reached that age, for blowing [the shofar] is prohibited only as sh'vut.

8

When [the Sages] decreed not to sound [the shofar] on the Sabbath, they applied that decree only to places which lacked a court. However, while the Temple was standing and the Supreme Court was seated in Jerusalem, everyone would sound the shofar in Jerusalem throughout the entire period the court held its sessions there. [This did not apply] to the people of Jerusalem alone. Rather, every city that was within the outer limits of Jerusalem and [whose inhabitants] could: see Jerusalem - i.e., excluding those within a wadi; hear the shofar blown in Jerusalem - i.e., excluding those on the mountaintops; and travel to Jerusalem - i.e., excluding those separated by a wadi from the city the people of these cities would blow the shofar on the Sabbath as in Jerusalem. However, in the other cities of Israel, they would not sound [the shofar on the Sabbath].

9

At present, while the Temple is destroyed, wherever a court whose judges received semichah in Eretz Yisrael permanently holds sessions, the shofar is sounded on the Sabbath. Furthermore, the shofar is sounded on the Sabbath only in a court that has sanctified the new moon. However, the shofar will not be sounded in other courts, even though their judges have received semichah. Also, the shofar is sounded only in the presence of a high court. It may be sounded during the entire time they are in session. Even after they have begun preparing to rise - as long as they have not risen - the shofar may be sounded before them. However, outside the court, the shofar may not be sounded. Why is the shofar allowed to be sounded in the court? Because the court is scrupulous [in the observance of the mitzvot] and, in its presence, those who blow the shofar will not carry the shofar in the public domain, for the court will warn the people and inform them.

10

In the present age, when we celebrate Rosh Hashanah in the exile for two days, the shofar is sounded on the second day just as it is sounded on the first. If the first day falls on the Sabbath, those who were not in the presence of a court fit to blow the shofar on the Sabbath may blow the shofar on the second day alone.

Chapter 3

Chapter 3

#3
1

How many blasts is one required to hear on Rosh Hashana? Nine Tekias. This is because the Torah writes 'teruah' with regards to the jubilee year and Rosh Hashana three times. Every 'teruah' requires a straight blast before and after it. Through oral tradition, we learn that all 'teruahs' in the seventh month are the same, whether for Rosh Hashana, or Yom Kippur of the jubilee year, we blow nine blasts. [The setup is] Tekiah, Teruah, Tekiah. Tekiah, Teruah, Tekiah. Tekiah, Teruah, Tekiah.

2

This Teruah that the Torah discusses, due to the many years of exile, we are unsure what it is. It may be the wail that women wail amongst themselves whilst crying. It may be the sigh that one does, one after the other, whilst they are worried about a great stress. It may also be both together, the sigh followed by the cry, as it usually comes afterwards. This may be called teruah, as this is the way of a worrier, to first sigh, and then cry. We therefore do all options.

3

The wail is what we call 'Teruah'. The sighing, one after another, is what we called three 'Shevarim'. The order of shofar blasts is therefore thus. The blessing is recited, Tekia is sounded, followed by three Shevarim, a Teruah and a Tekia. This is repeated three times. Then Tekiah is sounded, followed by three Shevarim and a Tekiah. This is repeated three times. Then Tekiah is sounded, followed by Teruah and Tekiah. This is also repeated three times. Therefore, the numbers of blasts is thirty, in order to avoid any doubts.

4

The required length of a teru'ah is that of two teki'ot. The required length of the three shevarim is that of a teru'ah. When a person sounds a teki'ah and a teru'ah, and afterwards sounds a long teki'ah, extending it twice the length of the original one, we do not say that it may be considered to be two teki'ot - thus allowing one [to complete the series merely by] sounding a teru'ah and another teki'ah. Rather, even if one extended a teki'ah the entire day, it is considered to be only a single teki'ah and one must sound another teki'ah, teru'ah, and teki'ah [until he completes] three series.

5

If a person hears one shofar blast at one hour and a second one an hour later - even if he waits the entire day - the two may be considered to be a single unit and he may fulfill his obligation. The above applies provided each series is heard in the proper order; i.e., one may not hear a teru'ah and afterwards two teki'ot, or two teki'ot, and afterwards a teru'ah, and the like.

6

If a person heard nine shofar blasts from nine men simultaneously, he has not fulfilled his obligation for a single blast. [If he heard] a teki'ah from one, a teru'ah from another, and another teki'ah from a third, in sequence, he has fulfilled his obligation. The above applies even if one heard [the shofar blasts] with interruptions, even if [the blowing was extended] over the entire day. A person does not fulfill his obligation until he hears all nine shofar blasts, for they are all [only] one mitzvah. Thus, they are dependent one on the other.

7

The congregation is obligated to hear the shofar blasts together with the order of blessings. How is this expressed? The chazan recites Avot, Gevurot, the sanctification of G-d's name, Malchuyot [ - at this point,] the shofar is sounded three times; Zichronot - the shofar is sounded three times; Shofarot - the shofar is sounded three times - [and concludes the Amidah with] the Avodah, an acknowledgement [of G-d's wonders], and the priestly blessing.

8

These three intermediate blessings recited on Rosh Hashanah and Yom Kippur of the Yovel - Malchuyot, Zichronot, and Shofarot - are each dependent on each other. In each of these blessings, one is required to recite ten verses reflecting the content of the blessing - three verses from the Torah, three from the Book of Psalms, and three from [the words of] the prophets. One concludes with a verse from the Torah. Should a person conclude with a verse from the prophets, he fulfills his obligation. Should a person recite only one verse from the Torah, one from the sacred writings, and one from the prophets, he fulfills his obligation. Even if he states: "In Your Torah, G-d, our Lord, it is written..." and recites one verse from the Torah and concludes, nothing further is necessary.

9

One should not recite [verses for] Malchuyot, Zichronot, and Shofarot which describe [Divine] retribution; for example, for Zichronot, [Psalms 78:39]: "And He remembered that they were mere flesh..."; for Malchuyot, [Ezekiel 20:33]: "With outpoured anger, I will reign over you..."; for Shofarot, [Hoshea 5:8]: "Blow the shofar in Givah..." Similarly, Zichronot which are merely associated with an individual [should not be mentioned] even if they are of a positive nature - for example, [Psalms 106:4]: "Remember me, O G-d, amidst the favor of Your people," [Nehemiah 5:19]: "Remember me, my G-d, for good." Verses using the verb פקד - for example, [Exodus 3:16]: "I have surely taken note..." - may not be included as Zichronot. One may mention verses that refer to retribution to be visited upon the gentile nations - for example, [Psalms 99:1]: "G-d is King, the nations will tremble..."; [Psalms 137:7]: "Remember, O G-d, against the Edomites, the day of Jerusalem"; or [Zechariah 9:14]: "G-d, the Lord, will sound the shofar and proceed in a southerly storm-wind." All the following verses: [Deuteronomy 6:4]: "Hear Israel, G-d is our Lord, G-d is one"; [Deuteronomy 4:35]: "To you, it has been revealed that you may know..."; and [Deuteronomy 4:39]: "And you shall know today and draw it close to your heart..." express the concept of G-d's sovereignty. Even though [these verses] do not explicitly mention His kingship, they are equivalent to [Exodus 16:18]: "G-d will rule forever and ever"; and [Deuteronomy 33:5]: "When He became King in Jeshurun."

10

The following is the commonly accepted custom for blowing the shofar on Rosh Hashanah in the communal services: After the Torah is read and returned to its place, the congregation is seated. One person stands and recites the blessing: Blessed are You, G-d, Lord of the universe, who has sanctified us with His commandments and commanded us to hear the sounding of the shofar. The entire congregation responds "Amen." He then recites the blessing shehecheyanu, and the entire congregation responds "Amen" to him. Thirty shofar blasts are sounded in the proper order. Kaddish is recited. The congregation stands and recites the musaf service. After the chazan completes the fourth blessing - i.e., Malchuyot - a teki'ah, three shevarim, a [series of] teru'ot, and a teki'ah are sounded once. He then recites the fifth blessing - i.e., Zichronot. After he completes the blessing, a teki'ah, three shevarim, and a teki'ah are sounded. He then recites the sixth blessing - i.e., Shofarot. After he completes the blessing, a teki'ah, a [series of] teru'ot, and a teki'ah are sounded once, and he concludes the prayers.

11

The person who sounds the shofar while they are sitting also sounds the shofar according to the order of blessings while they stand. He should not speak between the shofar blasts while the congregation is seated and those sounded while they stand. If he did talk between them, even though it is a transgression, he does not repeat the blessing.

12

It is logical that each series of shofar blasts should be sounded three times for every blessing, as [the shofar] was sounded while [the congregation] was seated. However, since they satisfied every possible doubt [by hearing] the shofar while seated, there is no need for the congregation to repeat them in their entirety during the order of blessings. Rather, it is sufficient for them to hear one series for each blessing, and they will thus have heard the shofar during the order of blessings. All of the above applies only to a congregation. However, there is no [set] custom regarding an individual. He fulfills his obligation whether or not he hears [the shofar blasts] during the order of blessings, whether seated or standing.

13

The blessings are not dependent on the teki'ot, nor are the teki'ot dependent on the blessings. When there are two cities - in one it is known that there will definitely be someone to recite the nine blessings, but there is no one to blow the shofar - in the other, a doubt exists whether or not there will be someone to blow the shofar, one should go the latter, since the sounding of the shofar is a requirement of the Torah, while the blessings are of Rabbinic origin.

Chapter 4

Chapter 4

#4
1

These are the required measurements of a sukkah: Its height should not be less than ten handbreadths nor more than twenty cubits. Its area should not be less than seven handbreadths by seven handbreadths. [There is no maximum limit to] its area, and one may increase it [to include] a number of millim. A sukkah which is less than ten handbreadths high, smaller than seven handbreadths by seven handbreadths [in area], or taller than twenty cubits - even [if the increase or decrease] is of the slightest amount - is invalid.

2

A sukkah which does not possess three walls is invalid. However, if it has two complete walls perpendicular to each other in the shape of [the Greek letter] gamma, it is sufficient to construct a third wall that is [only] slightly more than a handbreadth wide and place it within three handbreadths of one of the two walls. Also, one must construct the likeness of an entrance, since it does not possess three complete walls. We have already explained in Hilchot Shabbat that wherever the term "a likeness of an entrance" is used, it may be a rod on one side, another rod on the opposite side, and a third above, even though it does not touch them.

3

If the two walls were parallel to each other and there was an open space between them, one should construct a wall slightly more than four handbreadths wide and place it within three handbreadths of one of the two walls; then, [the sukkah] is kosher. However, it is necessary to construct "the likeness of an entrance." If the rods of the s'chach of the sukkah extend beyond the sukkah and one wall extends with them, they are considered to be [part of] the sukkah.

4

Walls which are connected to the roof of the sukkah, but do not reach the earth: If they are more than three handbreadths above the earth, they are invalid; if the distance is less than that, they are kosher. [The following rules apply] should the walls be connected to the earth, without reaching the s'chach: If they are ten handbreadths high, they are kosher even though are removed several cubits from the roof, provided they are positioned below the end of the roof. If the roof was separated from the wall by more than three handbreadths, it is invalid; less than this amount is kosher. If one suspended a partition which is slightly more than four handbreadths high at a distance of less than three handbreadths from the earth and a distance of less than three handbreadths from the roof, it is kosher.

5

When a person constructs his sukkah among the trees, using the trees as walls, it is kosher if: a) they are strong enough - or he tied them and reinforced them so that they would be strong enough - that they would not be shaken by the wind at all times; and b) he filled [the space] between the branches with hay and straw, tying them so that they will not be shaken by the wind. [This is necessary,] for any partition that cannot stand before a normal land wind is not considered to be a partition.

6

If a person constructs his sukkah on top of a wagon or on the deck of a ship, it is kosher, and one may ascend to it on the festival. If one constructs it on the treetops or on a camel's back, it is kosher, but one may not ascend to it on the festival, because climbing on a tree or animal is forbidden on a festival. If some of the walls were the result of human activity and some were trees, we consider [its structure]. We may ascend to any [sukkah] where, if the trees were taken away, it would be able to stand with the walls that were built by man alone.

7

A sukkah that does not possess a roof is invalid. To what does this refer? A sukkah whose walls are joined to each other like a hut; alternatively, when the side of the sukkah is placed against the wall. However, if it has a roof, even only a handbreadth in width, or if one lifted the side of the sukkah close to the wall a handbreadth above the ground, it is kosher. A round sukkah - if its circumference is large enough to contain a square seven handbreadths by seven handbreadths, it is kosher even though it has no corners.

8

Should one place s'chach over an exedrah which has projections [extending from its pillars], it is kosher, regardless of whether the projections can be seen from the inside - although they cannot be seen from the outside - or whether they can be seen from the outside - although they cannot be seen from the inside.

9

If it does not have projections [extending from its pillars] it is not valid, because it resembles a sukkah constructed in an alley, because it has [walls on] only the two sides of the exedrah. The middle of the exedrah does not have a wall and there are no projections opposite it.

10

Should a person place s'chach over an alleyway which possesses a lechi or a well which possesses pasim, it is considered a kosher sukkah only on the Sabbath of the festival. Since this lechi and these pasim are considered to be partitions with regard to the Sabbath laws, they are also considered to be partitions with regard to the laws of sukkah.

11

Should a person implant four poles in the four corners of the roof and place s'chach upon them, it is kosher. Since he placed the s'chach [above] the edge of the roof, we consider that the lower walls ascend to the edge of the s'chach.

12

A sukkah which has many entrances and many windows in its walls is kosher even though the open portion exceeds the closed portion, provided there is no opening larger than ten cubits. If there is an opening larger than ten cubits, it is necessary that the closed portion exceed the open portion, even though [the opening] is constructed in the form of an entrance.

13

A sukkah whose inner space exceeds twenty cubits [is not acceptable]. Should one reduce it [by placing] pillows and coverings [on the floor], it is not considered to be reduced. [This applies even if] one considered them a permanent part of the sukkah. If one reduced the space using straw and considered it as a permanent part of the sukkah, [the space] is considered to be reduced. Needless to say, the above applies if one used earth and considered it to be a permanent part of the sukkah. However, if one [merely brought in] earth with no specific intention, [its space] is not considered to be reduced. If it was twenty cubits high, but branches [from the s'chach descend within the twenty cubits, [the following principle applies:] If its shade would be greater than its open portion because of these branches alone, it is considered as having thick s'chach and is kosher.

14

When [a sukkah is more than twenty cubits high, but] one builds a bench next to the middle wall extending across its entire span - if the width of the bench is equal to the minimum width of a sukkah, it is kosher. Should one build the bench next to the middle wall along [one] side, if there are four cubits between the bench and the [opposite] wall, it is unacceptable. If there are fewer than four cubits, it is kosher. Should one build the bench in the middle [of the sukkah], if there are more than four cubits from the edge of the bench to any of the sides [of the sukkah], it is not acceptable. If there are fewer than four cubits, it is kosher. It is considered as if the walls touch the bench, and the distance from the bench to the s'chach is less than twenty cubits. If one constructs a pillar [within a sukkah whose s'chach is more than twenty cubits high, the following rule applies]: Even though it is of the minimum size required of a sukkah, it is unacceptable, because its walls are not discernible. Thus, it is as if there is kosher s'chach above the pillar without any walls.

15

[The following rule applies] when [the inner space of the sukkah] was less than ten [handbreadths high] and one dug [into the ground of the sukkah] to create an [inner space] of ten [handbreadths]: If there are three handbreadths from the edge of the pit until the wall [of the sukkah], it is not acceptable. If there is less than that [amount], it is kosher, because any [distance] less than three [handbreadths] is considered to be [insignificant, and the two entities are considered to be] adjacent [to each other], as explained in Hilchot Shabbat.

16

The walls of the sukkah are kosher [although made] from all [substances]. All that is necessary is a barrier of any kind. Even living beings [may serve that purpose. Thus,] a person can create a wall [of the sukkah] by using a colleague so that he can eat, drink, and sleep in the sukkah, for which his colleague is serving as a wall [even] on the holiday. The above applies when one employs the person as a wall without his conscious knowledge. However, it is forbidden to create [a wall by using a person] when the latter is conscious of the fact on the holiday. Nevertheless, it is permitted during the other days of the festival. Similarly, a person may create a fourth wall from utensils on the holiday. However, he should not create a third wall using utensils on the holiday, because, [by doing so], he is making the sukkah fit for use, and it is forbidden to create [even] a temporary tent on the holiday.

Chapter 5

Chapter 5

#5
1

The covering of the sukkah is not kosher from all materials. One may cover only with materials that grew from the earth, that was uprooted from the earth and that is not susceptible to ritual impurity (tumah) and does not have a bad smell nor has fallen or is wilted.

2

When a person uses as s'chach a substance which does not grow from the ground, is still connected to the ground, or is subject to contracting ritual impurity, [the sukkah] is not acceptable. However, if he transgressed and used as s'chach a substance which has elements which fall off and wither, or which possesses an unpleasant odor, it is kosher. [Our Sages] said only that one should not use these as s'chach lest one leave one's sukkah and depart. One must take care that the branches and leaves should not descend within ten handbreadths of the ground, so that one will not be uncomfortable when using the sukkah. If one used metals, bones, or hides as s'chach, it is unacceptable because these do not grow from the ground. If one suspended vines and the like over it until they made a sukkah, it is unacceptable, because they were not uprooted [from the ground]. Should one use wooden utensils, mats that were made to lie on, and the like as s'chach, it is unacceptable, because they are subject to contracting ritual impurity. Similarly, using broken and worn out utensils as s'chach is unacceptable. Since these substances were subject to ritual impurity, [the latter law was instituted] lest one use broken pieces which have not yet attained a state of [unquestionable] purity.

3

If one used foods as s'chach, it is unacceptable, because they are subject to contracting ritual impurity. [When one uses] branches from a fig tree which contain figs, runners from a grape vine which contain grapes, branches of a date palm which contain dates and the like, [the following rules apply:] We see - if the waste is more than the food; then we may use them as s'chach. If not, we may not use them as s'chach. If one uses as s'chach vegetables which, when they dry up, will wither, and none of their substance will remain, even though they are now fresh, their place is considered to be vacant, as though they did not exist.

4

If one used as s'chach branches of flax which were not crushed and combed, they are kosher, because they are still considered to be wood. After the flax has been crushed and combed, it may not be used as s'chach, since its form has changed and it is as though it is no longer a product of the earth. One may use ropes made from palm bast or hemp and the like as s'chach, since their original form is unchanged and ropes are not considered to be utensils.

5

[The following rules apply] when one uses arrows as s'chach. Those which are "male" are kosher; those which are "female" are not acceptable. Even though [ultimately,] they will be filled with iron, they have a receptacle. Hence, they are susceptible to contracting ritual impurity, as are all utensils with receptacles.

6

A mat of reeds, of raw rubber, or of hemp - if it is small, we may assume that it was made to lie on. Therefore, it may not be used for s'chach unless it was [explicitly] made for this purpose. If it is large, we may assume that it was made for shade; therefore, it may be used for s'chach unless it was [explicitly] made to lie on. If it has a border, even a large mat may not be used as s'chach, because it is considered to be a receptacle. Even if the border were removed, it may not be used as s'chach, because it would be considered to be a broken utensil.

7

Boards which are less than four handbreadths wide may be used for s'chach even though they have been planed. If they are more than four handbreadths wide, they should not be used as s'chach, even though they have not been planed. This is a decree [instituted] lest one sit under a roof and regard it as a sukkah. If one placed a board which was more than four handbreadths wide over [a sukkah, the sukkah] is kosher. However, one should not sleep under the board. A person who did sleep under the board has not fulfilled his obligation. There were boards that were four handbreadths wide, but less than four handbreadths thick. A person turned them on their side so that they would not be four handbreadths wide to use them as s'chach. This is not acceptable, because a board is unacceptable for use as s'chach whether one uses its width or thickness.

8

A roof which is not covered by a ceiling - i.e., the plaster and the stones - but rather has only boards fixed in place, is not acceptable, since they were not placed there for the purpose of a sukkah, but to be part of the house. Therefore, if one lifted up the boards and removed the nails with the intent [that they serve] as a sukkah, it is kosher. [This applies provided] that each board is not four handbreadths wide. Similarly, it is kosher if one removed a board from between two others and replaced it with kosher s'chach, with the intention [that it serve] as a sukkah.

9

A sukkah that was made for any purpose whatsoever - even if it was not made for the purpose of [fulfilling] the mitzvah - if it was made according to law, it is kosher. However, it must be made for the purpose of shade. Examples of this are sukkot made for gentiles, sukkot made for animals, and the like. In contrast, a sukkah that came about on its own accord is unacceptable, because it was not made for the purpose of shade. Similarly, when a person hollows out a place in a heap of produce and thus makes a sukkah, it is not considered to be a sukkah, because the produce was not piled there for this purpose. Accordingly, were one to create a space one handbreadth [high] and seven [handbreadths] in area for the purpose of a sukkah, and afterwards hollow it out till it reached ten [handbreadths], it is kosher, since its s'chach was placed for the purpose of shade.

10

We may not use bundles of straw, bundles of wood or bundles of reeds as s'chach. This decree [was instituted] lest one place those bundles on one's roof to dry out, and then change one's mind and sit under them with the intent [that they serve as] a sukkah. The person did not place the s'chach there originally for the purpose of shade. Thus, it resembles a sukkah that came about on its own accord. If one untied [the bundles], they are acceptable [for use as s'chach]. A bundle is considered to be no fewer than twenty five units.

11

Small bundles that were tied together [to be sold] by number may be used as s'chach. Similarly, if one cuts off the top of a date palm and the branches are bound to it, it may be used as s'chach, because elements that are bound naturally are not considered to be bundles. Furthermore, even if one tied the tops of the branches from one side, and they thus appear to be a single bundle with one of its two ends bound naturally and the other bound as a result of human activity, it may be used as s'chach. A single tree which is bound up is not considered to be a bundle, but rather a single piece of wood, since [the branches] are bound together naturally. Similarly, any knot which is not strong enough to hold when carried is not considered a knot [and the resulting bundle may be used as s'chach].

12

A person who constructs his sukkah under a tree is considered as though he built it within his home. If one draped the leaves and branches of trees [over the sukkah], and then placed s'chach over them, and only afterwards detached them, [the following rules apply:] If the amount of [kosher] s'chach exceeded [the branches], it is kosher. If the amount of s'chach which originally was kosher did not exceed [the branches], one must move them after detaching them, so that they will have been put in place for the purpose of a sukkah.

13

If one mixed a substance which may be used for s'chach with a substance that may not be used for s'chach and used the two as s'chach, even though the quantity of kosher s'chach exceeds that of the substance which was not acceptable as s'chach, [the mixture] is not acceptable. If one covered the sukkah with the two substances and kept them separate, [the following rules apply:] If there are more than three handbreadths of the substance which is not acceptable as s'chach in one place, whether in the middle of the sukkah or at its side, it is not acceptable.

14

Where does the above apply? In a small sukkah. However, in a large sukkah, where there is a substance that is unacceptable as s'chach in the middle, it disqualifies the sukkah if there are four handbreadths of it. [If there is] less than that, the sukkah is kosher. Where the substance that is unacceptable as s'chach is at the side, it disqualifies the sukkah if there are four cubits of it. [If there is] less than that, the sukkah is kosher. For example, a) [the roof of] a house which was opened in the center and s'chach placed over the opening b) a courtyard surrounded by an exedra which was covered with s'chach c) a large sukkah over which was placed a substance that was not acceptable as s'chach near the sides of its walls. [In all these cases,] if there are four cubits [or more] from the edge of the kosher s'chach until the wall, it is not acceptable. If there is less than that amount, we view it as though the wall has been made crooked - i.e., the substance that is not acceptable as s'chach is considered part of the wall and it is kosher. This concept is a halachah received by Moses on Mount Sinai.

15

What is a small sukkah? Any [sukkah] whose area is no more than seven handbreadths by seven handbreadths. [What is meant by] a large one? Any [sukkah] [whose area is large enough] that seven handbreadths by seven handbreadths of kosher s'chach will remain besides the s'chach which is not acceptable.

16

If one used as s'chach substances that were acceptable as s'chach and substances that were not acceptable as s'chach, and placed them alongside each other, leaving no place with non-kosher s'chach more than three handbreadths in area, [the following rules apply:] If the total of the kosher s'chach exceeds that of the non-kosher s'chach, it is kosher. If there was an exactly equal amount of both substances, it is not acceptable even though there is not a single place which has three handbreadths [of non-kosher s'chach]. [This decision is rendered] because non-kosher s'chach is considered to be open space.

17

If one spread a cloth above [the s'chach] or spread one below it to catch [the leaves] which fall, it is unacceptable. If one spread it [under the s'chach] as a decoration, it is kosher. Similarly, if one covered the sukkah with s'chach as required by law and adorned it with various types of fruit, delicacies, and articles which hang from either the walls or the s'chach as a decoration, it is kosher.

18

Sukkah decorations do not reduce its height, but they do reduce its width. If the sukkah decorations are four handbreadths or more removed from the roof, it is unacceptable, because it is as though a person who sits there is not sitting under the s'chach, but rather under the decorations, which are foods and utensils that are not acceptable as s'chach.

19

The [following rules apply when the] s'chach has open spaces through which the sky can be seen: If the area of the open spaces is equivalent to that of the space covered by s'chach, it is not acceptable, because the portion exposed to the sun will be greater than the shaded portion. Whenever the portion exposed to the sun is greater than the shaded portion, it is not considered as s'chach. If the s'chach exceeds the open space, it is kosher.

20

When does the above apply? When there is no one open space of three handbreadths. However, if there is an open space of three handbreadths - whether in the center or at the side - it is unacceptable until one reduces [the space] to less than three. If one used substances that were not acceptable as s'chach - e.g., pillows and blankets - to reduce the space, it is kosher if the sukkah is large. If it is a small sukkah, it is not acceptable unless [the space] was reduced with a substance that is acceptable as s'chach. When the shaded portion of most of the sukkah exceeds the portion exposed to the sun, although in the lesser part of the sukkah the portion exposed to the sun exceeds the shaded portion, because as a whole the shaded portion exceeds the portion exposed to the sun, it is kosher.

21

The proper way is that s'chach should be thin, so that the large stars can be seen through it. However, even though it is thick - like [the roof of] a house - and stars cannot be seen through it, it is kosher. If the s'chach is uneven - i.e., some of it high and some of it low - it is kosher, provided there is less than three handbreadths between the upper and lower [portions of the s'chach]. If the upper portion [of the s'chach] is a handbreadth or more wide, even though it is more than three handbreadths above [the lower portion], we consider it to be descending and touching the edge of the lower portion. [This applies] provided it is aligned opposite the edge of the lower portion.

22

When a person constructs one sukkah on top of another sukkah, the lower one is unacceptable. It is considered as though it had been constructed in a house. [However,] the upper one is kosher. When do we say that the lower one is unacceptable? When the inner space of the upper sukkah is ten handbreadths or more [high] and the roof of the lower sukkah is strong enough to hold the pillows and covers of the upper sukkah, even if that is done with difficulty. However, if the inner space of the upper sukkah is less than ten handbreadths [high], or the roof of the lower sukkah is not strong enough to hold the pillows and covers of the upper sukkah, even with difficulty, even the lower sukkah is kosher. This applies provided the height of both together does not exceed twenty cubits, since [use of] the lower sukkah is permitted because of the s'chach of the upper one.

23

A bed [with a canopy placed] inside a sukkah: If [the canopy] is more than ten handbreadths high, a person who sits under it does not fulfill his obligation, because it is considered to be a sukkah within a sukkah. Similarly, a canopy with a roof - even as small as a handbreadth: If it is ten handbreadths high, one may not sleep under it in a sukkah. By the same token, if one sets up four pillars and spreads a sheet over them, if they are ten [handbreadths high], they are considered to be a sukkah within a sukkah.

24

In contrast, should one spread a sheet over two pillars or [use] a canopy that has a roof of less than a handbreadth - no matter how high they are - it is permitted to sleep under them within a sukkah. They are not considered to be a sukkah within a sukkah, because they do not have a roof.

25

A borrowed sukkah is fit [to be used on the holiday]. Similarly, a stolen sukkah is also fit [for use]. What does the latter imply? If a person attacked a colleague, forced him to leave his sukkah, stole it, and dwelled in it, the attacker has fulfilled his obligation, because landed property cannot be stolen. [Similarly,] if he stole wood and made a sukkah from it, he has fulfilled his obligation, because the Sages ordained that the owner of the wood is entitled only to the monetary worth of the wood. Even if one stole boards and merely put them in place without attaching them or changing anything about them, he has fulfilled his obligation. If a person constructs his sukkah in the public domain, it is acceptable.

Chapter 6

Chapter 6

#6
1

Women, slaves, and minors are freed from [fulfilling the mitzvah of] sukkah. A tumtum and an androgynous are obligated because of the doubt [concerning their status]. Similarly, a person who is half slave and half free is obligated. A minor who does not require his mother's [presence] - i.e., a child of five or six - is obligated [to fulfill the mitzvah] of sukkah according to Rabbinic decree, to train him in [the performance of] mitzvot.

2

The sick and their attendants are freed from [fulfilling the mitzvah] of sukkah. This applies not only to a person who is dangerously ill, but also to one with a headache or a sore eye. A person who is uncomfortable [when dwelling in the sukkah] is freed from the obligation [to fulfill the mitzvah] of sukkah. This applies to the person himself, but not to his attendants. Who is "a person who is uncomfortable [when dwelling in the sukkah]"? A person who cannot sleep in the sukkah because of the wind or because of the flies, mites, or the like, or because of the smell.

3

A mourner is obligated [to fulfill the mitzvah] of sukkah. A groom, his attendants, and all the members of the wedding party are freed from [fulfilling the mitzvah] of sukkah throughout the seven days of [the wedding] festivities.

4

Emissaries charged with a mission involving a mitzvah are freed from [fulfilling the mitzvah] of sukkah both during the day and at night. People who journey during the day are freed from [fulfilling the mitzvah] of sukkah during the day and are obligated at night. People who journey during the night are freed from [fulfilling the mitzvah] of sukkah at night and are obligated during the day. A city's day watchmen are freed from [fulfilling the mitzvah] of sukkah during the day and are obligated at night. Its night watchmen are freed from [fulfilling the mitzvah] of sukkah at night and are obligated during the day. The watchmen of gardens and orchards are freed from [fulfilling the mitzvah] during the day and the night, because if the watchman constructs a sukkah, a thief will realize that the watchman has a fixed place and will go to steal from another place.

5

How must the mitzvah of dwelling in the sukkah be fulfilled? A person must eat, drink, and live in the sukkah throughout all seven days [of the festival], both during the day and at night, in the same manner as he dwells in his home throughout the year. During these seven days, he must consider his house as a temporary dwelling and the sukkah as his permanent home, as [Leviticus 23:42] states: "You shall dwell in sukkot for seven days." What does this imply? His attractive utensils and attractive bedding [should be brought] to the sukkah. His drinking utensils - i.e., his cups and crystal pitchers - [should be brought] to the sukkah. However, utensils used for food - i.e., pans and plates - [may be left] outside the sukkah. A candelabra [should be brought] to the sukkah. However, if the sukkah is small, it should be left outside the sukkah.

6

We should eat, drink, and sleep in the sukkah through the entire seven days [of the festival], both during the day and at night. It is forbidden to eat a meal outside the sukkah for the entire seven [day period]. However, [there is no prohibition] if one eats a snack the measure of a k'beitzah or less, or even slightly more. One may not sleep outside the sukkah at all, even a brief nap. It is permissible to drink water and eat fruit outside the sukkah. However, a person who follows the stringency of not drinking even water outside the sukkah is worthy of praise.

7

Eating in the sukkah on the first night of the festival is an obligation. If a person eats merely a k'zayit of bread, he fulfills his obligation. Afterwards, [the matter is left to one's] volition. If one desires to eat a meal, one must eat it in the sukkah. If one desires, throughout the seven [days of the festival], one may eat only fruit or roasted grain outside of the sukkah. The same laws apply as those regarding the eating of matzah on Pesach.

8

One who has their head and the majority of their body in the sukkah and their table in the house, or otherwise outside of the sukkah, and eats -- this is forbidden, and it's as though they did not eat in the sukkah, until the table is within the sukkah. This is a decree, lest they be drawn after their table. And this is even with a very large sukkah.

9

Throughout the seven days [of the festival], a person should read in the sukkah. However, when he attempts to comprehend what he reads in depth and appreciate its details, he should do so outside the sukkah, so that his mind will be settled. When a person prays, he may pray inside the sukkah or outside the sukkah, as he desires.

10

If rain descends, a person may enter his home. When is one permitted to leave [the sukkah]? When enough raindrops descend into the sukkah so that they would spoil a cooked dish - even a dish of beans - were they to fall into it. If a person was eating in the sukkah and rain descended, and hence, he entered his home, if the rains stop we do not obligate him to return to his sukkah {that entire night} until he is finished eating. If he was sleeping and rain descended, and hence, he entered his home, we do not obligate him to return to his sukkah that entire night should the rains cease. Rather, he may remain sleeping in his house that entire night until dawn.

11

A person should not take apart his sukkah after he finishes eating on the seventh day [of Sukkot]. However, from the afternoon on, he may take down his utensils and remove them. If he has no place to put the utensils, he should reduce its space by at least four handbreadths by four handbreadths. If he has to eat later that day, he must eat in the sukkah, because the mitzvah extends throughout the seven days.

12

Whenever a person enters a sukkah with the intention of sitting down throughout the seven [days of Sukkot], he should recite the following blessing before sitting: [Blessed are You...] who has sanctified us with His commandments and commanded us to dwell in the sukkah. On the first night of the festival, one should first recite the blessing on the sukkah, and then the blessing for the occasion. One should recite all the blessings over a cup of wine. Thus, one should recite kiddush while standing, recite the blessing leishev basukkah, sit, and then recite the blessing shehecheyanu. This was the custom of my teachers and the Rabbis of Spain: to recite kiddush while standing on the first night of the Sukkot festival, as explained.

13

At present, when we celebrate holidays for two days, we dwell in the sukkah for eight days. On the eighth day, which is the first day of the holiday of Shemini Atzeret, we dwell in the sukkah, but do not recite the blessing leishev basukkah. Similarly, a tumtum and an androgynous never recite the blessing leishev basukkah, because their obligation [to perform the mitzvah is based] on doubt, and a blessing is never recited when one is doubtful [of one's obligation].

14

After a person finishes eating on the eighth day [of Sukkot], he should take down his utensils and remove them. When a person has no place to put the utensils, [the following rules apply]: If it is a small [sukkah], he should bring his candelabra into it; if it is a large sukkah, he should bring in his pots, plates, and the like, to bring to mind that it is no longer acceptable and that its mitzvah is completed. Since the day is a holiday, one may not reduce its space and nullify it.

15

A person who did not construct a sukkah [before the holiday] - whether intentionally or unintentionally - should construct a sukkah on Chol Hamo'ed. One should even construct a sukkah on the final moments of the seventh day, because its mitzvah lasts throughout the seventh day. The wood with which the sukkah was constructed is forbidden [to be used for other purposes] on all eight days of the festival. This applies to both the wood used for the walls and the wood used for the s'chach. Throughout [these] eight days, no benefit may be derived from it for other purposes. [They are prohibited on the eighth day] because the sukkah is muktzeh the entire seventh day, including the period beyn hash'mashot. Since it was muktzeh during the period beyn hash'mashot, it is muktzeh on the entire day [that follows].

16

Similarly, it is forbidden to take from the food and beverages that were hung in the sukkah as decorations for all eight days [of the festival]. However, if at the time one hung [the decorations], he made the condition: "I will not refrain from using them during the entire period of beyn hash'mashot," he is entitled to use them whenever he desires, because he did not set them aside, nor did the sanctity of the sukkah encompass them, nor are they considered part of it.

Chapter 7

Chapter 7

#7
1

The term "the frond of the date palm" employed by the Torah refers to the branches of a date palm as they sprout, before their leaves separate and spread out in various directions. Rather, they should appear as a scepter. This is called a lulav.

2

The "fruit of the beautiful tree" mentioned in the Torah is the etrog. The "boughs of covered trees" mentioned in the Torah refer to the [species of] myrtle whose leaves surround its branch; i.e., there will be three or more leaves in each ring. However, if there are two leaves on one level, with a third leaf slightly higher than them, that is not considered to be "covered." Rather, it is called a wild myrtle.

3

The term "willows of the brook" mentioned by the Torah does not include just any plant that grows by a brook, but rather a particular species, which is called the "willows of the brook." Its leaf is extended as a brook, its edge is smooth, and its stem is red. It is called a willow. The majority of this species grow near brooks. Therefore, it is called the "willows of the brook." Even if this species grew in the desert or on a mountain, it would be kosher.

4

There is another species which resembles the willow. However, its leaf is rounded, its edge resembles a saw, and its stem is not red. This is called a tzaftzefah. It is unfit [to be used for the mitzvah]. There is another type of willow, whose leaf does not have a smooth edge, but it is not like a saw. Rather, it has tiny juttings, like the edge of a small sickle. It is kosher. All the above definitions were explained according to the oral tradition transmitted by Moses, our teacher.

5

These four species are considered to be one mitzvah, and each one is required for its performance. All of them [together] are called the mitzvah of lulav. One may not diminish them or add to them. If one of the species cannot be found, a similar species may not be substituted for it.

6

The most desirable way of performing the mitzvah is to bind the lulav, myrtle, and willow together, thus making a single, unified entity from the three of them. Before one takes them to perform the mitzvah, he should recite the blessing on the mitzvah of taking the lulav, for all the others are dependent upon it. Afterwards, he takes this bound entity in his right hand and the etrog in his left hand. He must take them as they grow - i.e., their roots below towards the earth, and their heads upward towards the sky. If a person did not bind them together, but rather took them one by one, he has fulfilled his obligation, provided he possesses all four species. However, if he has only one species or he is lacking one species, he should not take them until he acquires the remaining species.

7

How many does one take of each of them? One lulav, one etrog, two willow branches, and three myrtle branches. If one would like to add more myrtle branches so that the bundle will be larger, he may. Indeed, it is considered to be an adornment of the mitzvah. However, it is forbidden to add to or reduce the numbers of the other species. If one adds to or reduces their number, it is not acceptable.

8

What is the required length of each of these species? The lulav may not be less than four handbreadths. [Beyond that,] regardless of its length, it is kosher. Its length is measured only from its shidrah and not from the tips of the leaves. The myrtle and the willow may not be less than three handbreadths. [Beyond that,] regardless of their length, they are kosher. Even if each branch has only three fresh leaves on it, they are kosher, provided the leaves are at the top of the branch. If one has bound [the other species together with] the lulav, the shidrah of the lulav must extend beyond the myrtle and the willow a handbreadth or more. The minimum size of an etrog is the size of an egg. [Beyond that,] regardless of its size, it is kosher.

9

Once a person lifts up these four species - whether he lifts them up together or one after the other - whether in his right hand or in his left hand - he has fulfilled his obligation. [This applies] only when he lifts them up as they grow. However, if he does not lift them up as they grow, he has not fulfilled his obligation. The fulfillment of the mitzvah as the law [requires is as follows]: One should lift up the three species as they are bound together in one's right hand and the etrog in one's left hand. Then, one should pass them back and forth, up and down, and shake the lulav three times in each direction.

10

What does the above entail? One passes the lulav forward and shakes the top of the lulav three times, brings it back and shakes the top of the lulav three times. One follows this same pattern when lifting it up and down. At what point [in prayer] does one pass the lulav back and forth? During the reading of the Hallel, at the first and final recitation of the verse [Psalms 118:1, 118:29]: Hodu Lado-nai ki tov... and at the verse [Psalms 118:25]: Ana Ado-nai hoshi'ah na. It is acceptable to take the lulav throughout the entire day. However, it is not taken at night.

11

If one wraps a cord of silver or gold around [the three species] as they are bound together, or wraps a [decorative] cloth around them and takes them, one fulfills his obligation. Taking the lulav through another medium is still considered to be taking it, provided [that medium] is one which gives honor and beauty [to the mitzvah, because]: "any entity which makes a substance more attractive is not considered to be a separation." However, if one placed these species in a vase or a pot and took them, one has not fulfilled one's obligation.

12

If one binds the lulav together with the myrtle and the willow and separates between the lulav and the myrtle with a cloth or the like, it is considered to be a separation. If one separates between them with myrtle leaves, it is not considered to be a separation, because an entity does not separate between its own kind. One may bind the together with a string, a cord, or with any substance one desires, since binding it together is not a required element of the mitzvah.

13

The mitzvah of taking the lulav in every place, during every age - even on the Sabbath - applies only on the first day of the festival, as [Leviticus 23:40] states: "And on the first day, you shall take..." In the holy place alone, it is to be taken on each of the seven days of the festival, as [the above verse] continues: "and you shall rejoice before G-d, your Lord, [seven days]." When the Sabbath falls during the [later] days, [the lulav] is not taken on the Sabbath. This is a decree lest one carry it four cubits in the public domain, as decreed regarding the shofar.

14

Why was this decree not put in effect on the first day of the festival? Because [taking the lulav on that day] is a mitzvah from the Torah even outside of Jerusalem. Thus, the laws applying to it are not the same as those applying to the remaining days, because on the subsequent days of the festival a person is obligated to take the lulav only in the holy place.

15

When the Temple was destroyed, [the Sages] ordained that the lulav be taken everywhere for the entire seven days of the festival, as a remembrance of the Temple. On each day, one recites the blessing on it: [Baruch Attah Ado-nai...] asher kid'shanu b'mitzvotav v'tzivanu al netilat lulav. because it a mitzvah ordained by the Rabbis. This enactment, like the other enactments instituted by Rabbi Yochanan ben Zakkai when the Temple was destroyed [is only temporary]. When the Temple is rebuilt, these matters will return to their original status.

16

While the Temple was standing, the lulav would be taken [in the holy place even] when the first day of Sukkot fell on the Sabbath. The same applies in other places where they were certain that this day was celebrated as a holiday in Eretz Yisrael. However, the places which were distantly removed from Jerusalem would not take the lulav on this day because of the doubt involved.

17

When the Temple was destroyed, the Sages forbade even the inhabitants of Eretz Yisrael who had sanctified the new month to take the lulav on the Sabbath on the first day of Sukkot. [This was instituted] because of the inhabitants of the distant settlements, who were not aware of when the new month had been declared. Thus, a uniform guideline was established, rather than having some take the lulav on the Sabbath and some not. [The guiding principle was] that the obligation [of taking the lulav] on the first day applies in all places, and there is no longer a Temple to use as a point of distinction.

18

At present, when everyone follows a fixed calendar, the matter remains as it was, and the lulav is not taken on the Sabbath in the outlying territories or in Eretz Yisrael even on the first day [of the festival]. [This applies] even though everyone knows the actual day of the month. As explained, the reason for the prohibition of taking the lulav on the Sabbath is a decree lest one carry it four cubits in the public domain.

19

Whoever is obligated to fulfill [the mitzvot of] shofar and sukkah is obligated to take the lulav. Whoever is not obligated regarding shofar and sukkah is not obligated to take the lulav. A child who knows how to shake [the lulav] is obligated regarding the lulav by Rabbinic law, in order to train him in the performance of mitzvot.

20

It is a halachah conveyed by Moses from Mount Sinai that - in addition to the willow of the lulav - another willow branch was taken in the Temple. A person does not fulfill his obligation with the willow branch in the lulav. The minimum requirement [to fulfill this mitzvah] is one branch with one leaf.

21

The Willow Branches Placed Around The Temple Altar How was this mitzvah performed? On each of the seven days [of the festival], branches of willows were brought and stood upright near the altar with their tops bent over the altar. When they would bring them and arrange them [near the altar,] a series of [shofar blasts] - teki'ah, teru'ah, and teki'ah - were sounded. When the Sabbath fell in the midst of the festival, the willows would not be arranged [near the altar] unless the seventh day fell on the Sabbath. [On such an occasion,] the willows were arranged [near the altar], to publicize the fact that [taking] them is a mitzvah.

22

How would they fulfill [this mitzvah on the Sabbath]? They would bring [the branches] to the Temple on the Sabbath eve and place them in golden containers, so their leaves would not dry out. On the following morning, they would be placed next to the altar and the people would take them in the same manner as they did each day. Since the willow is not explicitly mentioned in the Torah, it is not taken on each of the seven days of the festival as a remembrance of the Temple. Rather, at present it is taken only on the seventh day. What is done? One takes one branch or many branches in addition to the willow of the lulav, and hits the ground or a utensil with them two or three times. No blessing is recited, because this practice is a custom instituted by the prophets.

23

On each day of the festival, they would walk around the altar once, carrying their lulavim in their hands, reciting: "Please, G-d, save us. Please, G-d, grant us success" [Psalms 118:25]. On the seventh day, they would walk around the altar seven times. It has become universally accepted Jewish custom to place the ark in the center of the synagogue and walk around it each day, as they walked around the altar in remembrance of the Temple [service].

24

The following custom was observed in Jerusalem: A person would leave his house in the morning [carrying] his lulav in his hand. He would enter the synagogue with it in his hand; pray while it was in his hand; go to visit the sick and comfort the mourners with it in his hand. When he entered the House of Study, he would send it home with his son or servant.

25

During the time the lulav was taken on the Sabbath, a woman was allowed to receive the lulav from her son or her husband and return it to the water on the Sabbath. On the festival, a person might add to the water. On Chol Hamo'ed, one might change the water.

26

It is forbidden to smell the myrtle in the lulav. Since it is useful only for smelling and it has been set aside for the performance of the mitzvah, it is forbidden to smell it. However, it is permitted to smell an etrog, because setting it aside for the mitzvah [prohibits it from being] eaten.

27

It is forbidden to eat the etrog throughout the seventh day [of the festival]; since it was set aside for a portion of the day, it is set aside for the entire day. However, on the eighth day it is permitted to be eaten. At present, when we celebrate [the festivals for] two days - even though the etrog is not taken on the eighth day - the etrog is forbidden on the eighth day, since it was forbidden on the eighth day during the time [the festivals] were celebrated for two days because of the doubt whether [the eighth day] was, in fact, the seventh. When a person sets aside seven etrogim, [one for each] of the seven days [of the festival], each one of them can be used for the mitzvah on its day and eaten on the morrow.

Chapter 8

Chapter 8

#8
1

[These are the rules governing] the four species: the lulav, the myrtle, the willow, and the etrog. If one of them was: a) dried out, b) taken by force or stolen, even after [the owner had] despaired of its recovery, c) came from an ashera that has been worshiped, even though the worship of the ashera has already been nullified, d) or it came from an apostate city it is not acceptable. If one of them belonged to an idolater: at the outset, it should not be taken. If it was taken, the person has fulfilled his obligation. If [one of the species] was wilting, but had not dried out entirely, it is kosher. In extreme situations or in a time of danger, a dried out lulav is kosher. However, [this does not apply] to the other species.

2

An etrog of orlah, of impure terumah, and of tevel is unacceptable. [An etrog] of d'mai is permitted, for it is possible for a person to declare all of his property as ownerless. Thus, he will be a poor man who is permitted to eat d'mai. An etrog of pure terumah and of ma'aser sheni in Jerusalem should not be taken, lest one cause it to become susceptible to contracting ritual impurity. However, if it was taken, it is kosher.

3

A lulav whose tip becomes cut off is unacceptable. Should it become split to the extent that the two sides of the split become severed and appear to be two, it is unacceptable. If it is bent forward so that its shidrah appears like a hunchback, it is unacceptable. If it is bent backwards, it is kosher, since that is its natural pattern of growth. If it is bent toward either side, it is unacceptable. If its leaves have separated one from the other, but they have not begun to hang downward like the top of a date palm, it is kosher. However, if its leaves have burst open and they hang down from the shidrah as does the top of the date palm, it is unacceptable.

4

The natural pattern of growth of the leaves of the lulav is that two grow in pairs, connected at their back. The back of each pair of connected leaves is called the tiyomet. If the tiyomet is split, it unacceptable. Should a lulav's leaves grow individually from the beginning of its formation without having a tiyomet, it is unacceptable. When a lulav's leaves do not grow on top of the other like all lulavim, but rather one below the other, [the following rules apply:] If the top [of the lower leaf] reaches the base of the one above it so that the entire shidrah of the lulav is covered with leaves, it is kosher. If the top [of the lower leaf] does not reach the base of the one above it, it is unacceptable.

5

A myrtle branch whose top is cut off is acceptable. Even though most of its leaves have fallen off, it is kosher, provided three leaves remain in one row. When there are more berries than leaves, [the following rules apply:] If they are green, it is kosher. If they are red or black, it is not acceptable. If one reduced their number, it is acceptable. We may not reduce their number on the holiday itself, because [by doing so, one] makes [the myrtle] fit for use. If one transgressed and removed them or removed them one by one to eat them, it is kosher.

6

A willow branch whose top is cut off is kosher. If its leaves have burst open, it is not acceptable.

7

If an etrog is perforated from side to side - no matter how small the hole is - it is not acceptable. When [the hole] does not go from side to side, if it is the size of an isar or more, [the etrog] is not acceptable. If [a hole was made in an etrog which caused] even the slightest amount [of the etrog] to be missing, [the etrog] is not acceptable. If its pitam - i.e., the small protrusion from which its flower grows - was removed, it is not acceptable. [Similarly,] if the stem from which it hangs from the tree is removed from the etrog itself and a hole is left, it is not acceptable. If it becomes covered with bumps in two or three places, it is not acceptable. Even if it is covered with bumps in only one place, if that place covers the majority of the etrog's surface area, it is not acceptable. [Similarly,] if a bump grows on even the slightest portion of the pitam, it is not acceptable. If its peel is removed without causing [the etrog] to lose any substance and it remains greenish yellow as in its natural state, [the following rules apply:] If the peel was entirely removed, it is not acceptable. If even the slightest portion of the original peel remains, it is kosher.

8

An etrog which is inflated, decaying, pickled, cooked, black, white, spotted, or green like a leek is unacceptable. If it was grown in a mold and shaped into the form of another creation, it is unacceptable. If its natural form was preserved, even though it was shaped in different layers, it is kosher. Two etrogim that grow joined together, and an unripe etrog are kosher. In places where the etrogim grow naturally with a slight black tinge, it is kosher. However, if [the etrogim] are very black - i.e., like a Kushite - they are unacceptable everywhere.

9

All the species which we categorized as unacceptable because of the blemishes we described or because they were stolen or taken by force are [disqualified for use] only on the first day of the festival. On the second day of the festival and on the other days, they are all kosher. Those which are disqualified because of the association with idol worship or because the etrog is forbidden to be eaten are unacceptable both on the first day and on the later days.

10

On the first day of the festival, a person cannot fulfill his obligation by using a lulav that belongs to a colleague and was borrowed from him, unless the latter gives it to him as a present. If [the owner of the lulav] gives it to him as a present on the condition that he return it, he may fulfill his obligation with it and return it, because a present given on condition that it be returned is considered a present. If he does not return it, he does not fulfill his obligation, because it is as though it were stolen. [On the first day,] a lulav should not be given to a minor, since, according to Torah law, a minor can acquire articles but cannot transfer them to others. Thus, [the minor's] return of the article is not considered to be a return [from a legal perspective]. The above applies to the lulav and to each of the other species of the four taken with it. If one of them was borrowed, the person does not fulfill his obligation on the first day of the festival.

11

If partners bought a Lulav or Etrog together, neither of them can fulfill the Mitzva on the first day until the other gives him his portion as a gift. If brothers bought multiple Etrogs with money from a shared estate and one brother took one etrog on the first day, he has fulfilled his obligation. However if they keep accounts of the estate money he has not fulfilled his obligation until the other brother gives it to him as a gift. And even if one bought an Etrog and the other a quince or one bought an etrog, a quince, and a pomegranate he has not discharged his obligation until the other brother gives him his share in the fruit even if he would not mind under normal circumstances if the first brother ate it.

12

Although it is a Mitzvah to rejoice on all festivals, on the Sukkot holiday there was a time of overabundant joy in the Holy Temple, for it is written, "...you shall rejoice before the LORD your G-d for seven days." And how was this done? On the eve of the first holiday they would arrange in the Holy Temple a place for the women above and for the men below so that they might not mix one with the other. And they began to rejoice from the night after the first holiday, and continued on each and every day of the intercessory days of the holiday. They began after the Tamid offering was made in the evening to rejoice unto the rest of the day and through the night.

13

And how was this joy [performed]? The flute was struck and the violin, harps, and cymbals, were played, and every person played any instrument he knew how to play. And those who knew to sing, sang. And they danced, and clapped their hands and thighs, and spun, and crowed, each according to their ability, and spoke words of praise and song. And this joy does not supercede the Sabbath or the Holiday.

14

It is an obligation to indulge in this merriment. This was not done by the folk of the land or whoever so wished, but by the greatest sages of Israel and the heads of the Yeshivot and the sanhedrin and the pious ones and the elders and the men of virtuous deeds, they were the ones who danced and clapped and played instruments and rejoiced during the days of Sukkot. But the entire People, the men and the women, all would come to look and to listen.

15

The joy that a person should express in performing the Commandment[s] and in the love of G-d who commanded them, is a great worship [to G-d]. Whoever avoids expressing this joy is worthy of being punished for it, as it is stated: "...in return for you not worshipping the LORD your G-d with joy and with goodness of heart." And whoever carries hismelf haughtily and takes pride in himself and considers hismelf too dignified in such places is a sinner and a fool. Concerning this Solomon admonished and said: "Do not dignify yourself in front of a king." But whoever lowers himself and eases oneself in such places is the [real] great and dignified one who worships out of love. So did David, King of Israel, say: "...and I would be even less worthy than this and would be lowly in my own eyes." There is no greatness and honor but to rejoice before G-d, as it is stated: "And King David was spinning and crowing before G-d" etc. Finished are the laws of the Lulav, Praise to the Inspector of kidneys and heart.