Siman - Succah Daf 23

  • סוכה על גבי ספינה

The Mishnah on the bottom of Daf 22b stated: העושה סוכתו בראש העגלה או בראש הספינה כשרה – If one makes his succah on the top of a wagon or on the top of a ship, it is kosher. The Gemara asks who the Tanna of the Mishnah is, and answers that it is Rebbe Akiva, based on a Baraisa that states that Rabban Gamliel holds that a succah on a ship is passul and Rebbe Akiva says that it is kosher. The Baraisa relates that Rebbe Akiva built a succah on a ship and the next day it blew over, and Rabban Gamliel asked him rhetorically, “Akiva, where is your succah now?” Abaye said that both Rabban Gamliel and Rebbe Akiva agree היכא דאינה יכולה לעמוד ברוח מצויה דיבשה לא כלום היא – where the succah is so flimsy it cannot withstand a usual land wind, it is nothing and certainly passul. If it is sturdy enough to withstand an unusual land wind, they both agree that it is kosher. They only disagree where it is possible to withstand a usual land wind but cannot withstand an unusual land wind, which Rashi says is the equivalent of a usual sea wind. Rabban Gamliel holds סוכת דירת קבע בעינן – a succah needs to be a fixed dwelling, and must be able to withstand a normal sea wind. Rebbe Akiva holds that סוכת דירת עראי בעינן, and since it can withstand a normal land wind, it is kosher.

  • סוכה על גבי גמל

The Mishnah on Daf 22b states: על גבי גמל כשרה ואין עולין לה ביום טוב – A succah on the back of a camel is kosher but one may not go up into it on Yom Tov. The Gemara on our Daf says that the Tanna of the Mishnah is Rebbe Meir, for it was taught in a Baraisa, העושה סוכתו על גבי בהמה רבי מאיר מכשיר ורבי יהודה פוסל – If one makes a succah on the back of an animal, Rebbe Meir is machshir the succah and Rebbe Yehudah is possel it. The Gemara explains that Rebbe Yehudah’s reason for invalidating the succah is based on the passuk that states, "חג הסכת תעשה לך שבעת ימים" – The festival of Succos you shall make for yourself for seven days. סוכה הראויה לשבעה שמה סוכה – From here we derive that a succah that is fit to use for all seven days is deemed a kosher succah, but if it cannot be used for all seven days it is not deemed a succah. Since a succah atop an animal may not be used on the first day of Succos, which is Yom Tov, because of the d’Rabbanon against mounting an animal on Yom Tov, it is disqualified for the mitzvah altogether. Rebbe Meir holds הא נמי מדאורייתא מחזא חזיה ורבנן הוא דגזרו בה – this succah is fit mid’Oraysa for all seven days, and it is only the Rabbanon that decreed against it.

  • Using an animal as a succah wall

The Gemara brings a Baraisa in which Rebbe Meir rules that a live animal may not be used as a succah wall and Rebbe Yehudah permits it. The Gemara asks what Rebbe Meir’s reason is, and Abaye said: שמא תמות – Rebbe Meir is concerned that it might die and collapse to the ground on Yom Tov, thereby leaving the succah without one of its requisite walls. Rebbe Zeira said: שמא תברח – Rebbe Meir is concerned that it might run away. The Gemara goes through an extensive analysis and asks according to Abaye, what concern is there that the animal might die if it is held up by cords from above preventing it from collapsing? The Gemara answers that there are times that one stands the animal so that its top reaches to less than three tefachim from the s’chach, (in a succah that is only ten tefachim high), וכיון דמייתא כווצא ולאו אדעתיה – and once it dies, it shrinks slightly, so that its top is three tefachim or more from the s’chach, and it will not be on his mind to repair the defective wall, since it is not noticeably defective.