1,184. Who is Obligated in the Mitzvah of Succah?
Hilchos Shofar, Succah v’Lulav 5:25
A borrowed succah is valid. The same is true of a stolen succah, as follows: If one person attacked another and drove him out of his succah, then took possession of it and dwelled in it himself, the thief has fulfilled his obligation because real estate cannot be stolen. If one stole wood and used it to build a succah, he fulfills his obligation. This is because the Sages ruled that the owner of stolen wood is only entitled to reimbursement of its value. Even if one steals boards and assembles them in order without connecting them or altering them in any way, he fulfills his obligation. If a person builds his succah in a public domain, it is valid.
Hilchos Shofar, Succah v’Lulav 6:1
Women, servants and minors are not obligated in the mitzvah of succah. A hermaphrodite and a person of indeterminate gender are obligated out of doubt. One who is half-servant and half-free is likewise obligated. A child who is not dependent on his mother, meaning one of about five or six, is obligated in the mitzvah of succah under rabbinic law, in order to train him in mitzvos.