If The Succah Needs A Mezuza, It Isn't A Succah?!
Recently I introduced [to those unfamiliar with it] the Sefer Kava D'kashyaisa. Here is question 88.
The halacha is that a succah must be a temporary dwelling [diras arai] and if it is a permanent dwelling [diras keva] it is disqualified.
In contrast to succah, the obligation to place a mezuza on a house applies only if the house is a permanent dwelling [Rambam Hil. Mezuza 6/1]. Similarily, a house can become tamei with tzaraas only if it is a permanent dwelling. [See Rambam Hil. Tumas Tzaraas 14/6]
We now must understand the opinion of the Rabbis who say that one must place a mezuza in quarters that function all year round as a house and before succos the ceiling is removed and schach is placed down. The obligation of mezuza applies even on succos when the area functions as a succah. [See Pischei Teshuva Y"D 286/13]
But if it is necessary to put in a mezuza that means that the succah is a permanent dwelling and can become tamei with tzaraas, and we know that if a succah is susceptible to tumah it is not a kosher succah [See Mishna, Succah 1/4]?
So how is a succah that is obligated in mezuza considered a kosher succah. Such a succah has the status of a permanent dwelling rendering it susceptible to tumah, which is disqualifies it as a kosher succah.
Problem.
The halacha is that a succah must be a temporary dwelling [diras arai] and if it is a permanent dwelling [diras keva] it is disqualified.
In contrast to succah, the obligation to place a mezuza on a house applies only if the house is a permanent dwelling [Rambam Hil. Mezuza 6/1]. Similarily, a house can become tamei with tzaraas only if it is a permanent dwelling. [See Rambam Hil. Tumas Tzaraas 14/6]
We now must understand the opinion of the Rabbis who say that one must place a mezuza in quarters that function all year round as a house and before succos the ceiling is removed and schach is placed down. The obligation of mezuza applies even on succos when the area functions as a succah. [See Pischei Teshuva Y"D 286/13]
But if it is necessary to put in a mezuza that means that the succah is a permanent dwelling and can become tamei with tzaraas, and we know that if a succah is susceptible to tumah it is not a kosher succah [See Mishna, Succah 1/4]?
So how is a succah that is obligated in mezuza considered a kosher succah. Such a succah has the status of a permanent dwelling rendering it susceptible to tumah, which is disqualifies it as a kosher succah.
Problem.
Is the obligation to PUT a mezuzah on the succah or to LEAVE the mezuzah there?
The mezuzah is there from before with the intention of the room being a permanent dwelling. Leaving it there after "remodeling" does not define the succah as permanent.
Posted by
old and sometimes wise |
5:30 AM
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