Siman - Succah Daf 24
- כל מחיצה שעומדת ברוח אינה מחיצה
On Daf 23a a Baraisa was brought that taught that Rebbe Meir holds that a live animal may not be used as a succah wall. Abaye said that Rebbe Meir’s reason for disqualifying an animal is that it might die, whereas Rebbe Zeira said that his reason is that it might run away. The Gemara points out here that the implication is that מדאורייתא מחיצה מעליא היא – mid’Oraysa an animal is a valid partition, and it is the Rabbanon that were gozeir that it should not be used. If this is so, then according to Rebbe Meir תטמא משום גולל – an animal should become tamei if it was being used as a tomb covering, but it was taught in a Mishnah that Rebbe Meir holds that such an animal is tahor? The Rabbanon can be more machmir when the Torah is more meikel, but they cannot be more meikel when the Torah is machmir. The Gemara concedes this and therefore disproves Abaya and Rebbe Zeira’s reasons and presents Rav Acha bar Yaakov’s pshat that Rebbe Meir holds כל מחיצה שעומדת ברוח אינה מחיצה – any mechitzah that stands erect because of breath, is not a kosher mechitzah. Others say that Rav Acha bar Yaakov said that Rebbe Meir holds any mechitzah that is not made by man is not a mechitzah. The nafka minah between the two is where he propped up a wall with נוד תפוח – an inflated wineskin.
- Machlokes whether one can write a get on an animal
The Gemara brought a Baraisa on Daf 23a regarding what may not be done with live animals and concluded that Rebbe Yose HaGlili taught אף אין כותבין עליו גיטי נשים – one may also not write on a get on them. On our Daf, the Gemara explains that Rebbe Yose HaGlili learns from “"וכתב לה – and one writes for her, that one may write the get on any type of writing surface, not just parchment. The word ספר teaches that it must be written on something similar to a ספר, not food or living things. The Gemara explains that the Rabbanon, who argue with Rebbe Yose HaGlili and hold that one may write a get on an animal, learn that the word ספר teaches, לספירת דברים בעלמא הוא דאתא, that a get should be a narration of words that convey that he is divorcing her. Rashi explains that the word sefer is not referring to the klaf, the writing surface, but rather the formula of severance that the husband is communicating within the get. Therefore, the Torah is not putting a limitation on any writing surface and animals can be used as well.
- העושה סוכתו בין האילנות והאילנות דפנות לה כשרה
The next Mishnah states: If one makes his succah among the trees, with the trees serving as walls for it, it is kosher. The Gemara questions Rav Acha bar Yaakov who said, כל מחיצה שאינה יכולה לעמוד ברוח מצויה אינה מחיצה – Any mechitzah that cannot withstand a normal wind, is not a kosher mechitzah. According to Rav Acha bar Yaakov, the succah that uses trees as walls should not be kosher since they sway to and for from the wind? The Gemara defends Rav Acha bar Yaakov’s ruling, clarifying that the Mishna is discussing a case where the trunk is stiff, and the branches do not sway, because they were braided with palm branches and bay trees. It was still necessary for the Mishnah to teach that trees may be used as succah walls for one might have thought ניגזר דלמא אתי לאשתמושי באילן – we should be gozeir that trees should be passul as walls, lest one come to use the tree on Yom Tov.
