The Torah passages and Israel's holidays are full of important messages that are relevant and empower our day-today lives. Rabbi Shai Tahan, head of the Sha'arei Ezra community and head of the Arzi HaLebanon teaching house, opens the gates for us to understand these messages, from their source, in a clear way. This week - Sukkah Etiquette: Respecting the Mitzvah Space.
Last week, we delved into the machloket regarding whether one is permitted to travel on Chol Hamoed Sukkot without ensuring they'll have access to a sukkah for meals. We previously discussed how some poskim argue that this leniency does not apply to individuals who embark on journeys primarily for leisure.
Conversely, others argue that the Torah's guidance expects us to abide by the sukkah-dwelling practice we maintain in our own homes throughout the year. Consequently, just as one frequently leaves their house for trips and eats outdoors while at home, during Sukkot, they may depart from their sukkah to travel and dine elsewhere.
In today's world, many people feel the necessity to venture out during the holiday, either seeking a refreshing change of environment or responding to the desires of their children and spouses who yearn to explore beyond the confines of their homes during Chol Hamoed. Given these significant needs, it is likely that such excursions would be permitted.
In this article, we aim to explore the question of whether, while traveling, it is permissible to enter a random sukkah located on someone else's property. It's essential to clarify that we will not be addressing the legal aspects of this matter, as entering someone else's property might potentially involve trespassing. Our focus is purely on the halachic perspective.
The most respectful approach to using someone else's sukkah is to ring the bell of the house and request permission from the owner or their spouse. While this may occasionally lead to a bit of embarrassment, it is far more considerate than entering without seeking permission.
In halacha, there exists a concept known as "ניחא ליה לאיניש לקיים מצוה בממוניה," which translates to "people prefer to fulfill a mitzvah with their own belongings." An illustrative example of this principle is when someone encounters another person's lulav set in a synagogue; they are allowed to make use of it. This aligns with the Rema's guidance (סימן תרמט ס״ה): "It is permitted to take an acquaintance's lulav without permission (With the exception of the first two days of the chag) because people appreciate when a mitzvah is fulfilled using their possessions."
Another example can be found in the practice of using a pair of tefilin left in a shul after the owner has already completed their prayers. Ordinarily, a person would be pleased to lend their tefilin to someone else for use, but there are instances when an individual may be hesitant to allow others to use their tefilin, even if they are returned in the same condition. This hesitance could stem from the tefilin pair being exceptionally valuable or possessing deep value to the owner. As an illustration, the Ben Ish Chai notes that while using other’s tefilin is generally acceptable, there are occasions when individuals are very particular about not sharing them. He even testifies that he, too, refrains from permitting others to use his own tefilin for such reasons.
This concept hinges on the assumption mentioned earlier: "people want to fulfill a mitzvah with their own belongings.", therefore, this ruling holds true under the condition that a person returns the mitzvah item precisely as they found it and in the same condition. If the item is not returned in this manner, the assumption is that the owner may not actually desire others to use it.
Another condition to consider is that one should refrain from using the mitzvah item at a time when the owner might require it. In line with this principle, the Rema (סימן תרלז ס״ג) advised against entering someone else's sukkah without permission, as the owner might be in the sukkah and feel uncomfortable with someone else encroaching on their privacy. Alternatively, the owner might have intended to enter the sukkah but refrained from doing so upon seeing someone else occupying it (ט״ז סק״ד והרב חיד״א בברכ״י אות ג’) .
If it doesn't appear that the owner will be arriving anytime soon, then it is generally assumed that they would certainly consent to anyone who wishes to enter their sukkah and fulfill the mitzvah there.
The Kaf Hachayim (ס״ק טו) also emphasizes that when encountering a lavishly decorated sukkah with exquisite linen and ornaments, it may be perceived as a space where the owner prefers not to have others enter, fearing potential dirt or damage. Consequently, in such a sukkah, one should exercise caution and avoid entering without explicit permission. This approach should be approached thoughtfully, and if there is any uncertainty regarding the owner's willingness to host visitors, it is advisable to refrain from entering without proper authorization.
This article was written in cooperation with Shuva Israel