Halacha for Wednesday 19 Tishrei 5787 September 30 2026

A Sukkah in a Public Domain

A Sukkah on the Sidewalk
It is quite common that restaurants build a Sukkah for patrons to eat in over the Sukkot holiday on the sidewalk right in front or on the side of the restaurant. Sometimes, this can be done in a perfectly legal manner and without blocking pedestrian traffic. Other times, however, the Sukkot become a real nuisance to pedestrians. Is such a Sukkah Kosher and have those who eat in it fulfill their obligation?

A Stolen Sukkah
The Gemara (Sukkah, Ch. 3) explains that our Sages expounded the verse “A holiday of Sukkot shall you make for yourself” to mean that a Sukkah may not be stolen, for one does not fulfill one’s obligation using a stolen Sukkah.

Land Cannot be Stolen
The Gemara and Rishonim explain that although it is certainly forbidden to use any kind of stolen Sukkah, nevertheless, we have a rule that if one trespasses on another’s property, although this is certainly forbidden, the land is not considered stolen. Only items can be considered stolen, but land always remains in the possession of its owner.

The same applies to a Sukkah in that if one enters someone else’s Sukkah without permission and eats there, although this is certainly forbidden, this does not constitute a stolen Sukkah.

A Sukkah on Top of a Wagon
The law of a stolen Sukkah only really applies when one steals the Sukkah itself, such as a Sukkah on top of a wagon or boat or if one steals a Sukkah and erects it in one’s own property. In any of these cases, one will not fulfill one’s obligation since the Sukkah itself is what was stolen.

The Bottom Line
Halachically speaking, if one sits and eats in a restaurant’s Sukkah which was built on the sidewalk illegally and impedes pedestrians, one has still fulfilled his obligation since this Sukkah is built on public property and is not considered a stolen Sukkah. (Shulchan Aruch Ch. 637, Chazon Ovadia Sukkot, p. 53)

ספר אביר הרועים - בית מידות
ספר אביר הרועים
לפרטים לחץ כאן

הלכה יומית מפי הראש"ל הגאון רבי יצחק יוסף שליט"א

דין ברכת שפטרנו מעונשו של זה
לחץ כאן לצפייה בשיעורים נוספים

Recent Halachot

"תנא דבי אליהו כל השונה הלכות בכל יום מובטח לו שהוא בן העולם הבא"

נדה ע"ג א'

8 Halachot Most Popular

Shofar Blowing

There is a positive Torah commandment to hear the Shofar blasts on Rosh Hashanah, as the Torah states, “A day of blasts shall it be for you.” It is forbidden to speak between the various sets of Shofar blasts and this is certainly the case during the time the Shofar is actually being sou......

Read Halacha

The Most Awesome Day of the Year

An Excerpt from a Discourse Delivered by Maran zt”l in the Chazon Ovadia Synagogue in Rechavia, Jerusalem on the Night of Yom Kippur It is quoted in the name of a great sage who made a play on words using the words of the Mishnah, “Did you tithe? Did you make an Eruv? Light the candle......

Read Halacha

So that We May Refrain from the Injustice of Our Hands

During the Ne’ilah prayer, the prayer that culminates all the Days of Awe recited towards the conclusion of Yom Kippur, we state: “And You, Hashem our G-d, have given us this Yom Kippur etc. for pardon, forgiveness, and atonement so that we may refrain from the injustice of our hands and......

Read Halacha

Repenting for Speaking Lashon Hara and Rendering a Mistaken Halachic Ruling

Question: If I have spoken Lashon Hara (evil slander) about my friend, must I confront him and tell him what I have done in order to request his forgiveness? Also, what is the law regarding a rabbi who has ruled stringently on a matter when, in fact, there is actually room for leniency, must he ask ......

Read Halacha


Some Details Regarding the Prayers of the Days of Awe

“Hashem Wants Our Heart” One should try to focus as much as possible on one’s prayers throughout the year, especially during the Days of Awe, and not pray hastily, G-d-forbid. Rather, one should calmly, with utmost concentration, and in a supplicating manner. We must remember t......

Read Halacha

Rosh Hashanah Which Coincides With Shabbat

This coming year (5787), Rosh Hashanah will fall out this coming Shabbat and Sunday, G-d-willing. Let us discuss several unique laws relevant to this year. “Bameh Madlikin” When Rosh Hashanah coincides with Shabbat, Kabbalat Shabbat is recited before Arvit; however, the “Bameh ......

Read Halacha

Transferring Another’s Judgment Into the Hands of Heaven

Question: Is it correct that one may not transfer another’s judgment into the hands of Heaven, i.e. requesting that Hashem punish an individual who caused me harm if I am correct? Answer: When our matriarch Sarah saw that she was barren, she gave her maidservant, Hagar, to her husband Avrah......

Read Halacha

Parashiyot Nitzavim-Vayelech

(HaRav HaGaon Rav Yaakov Sasson Sh’lit”a) (translated by our dear friend Rav Daniel Levy Sh’lit”a, UK) Utilising our Talents and Abilities and not Comparing Ourselves to Other People’s Strengths It states in the Parshah, “Today, you are all standing before ......

Read Halacha