Halacha for Thursday 23 Elul 5773 August 29 2013

Question: Is a Sukkah made from fabric wrapped around the railing surrounding one’s porch valid?

Question: Is a Sukkah made from fabric wrapped around the railing surrounding one’s porch valid?
 
Answer: Halacha dictates that if the Sukkah’s walls are made from poles or rods stuck in the ground very close together such that there is less than three Tefachim (approximately twenty-four centimeters or 9.4 inches) of space in between each pole, the Sukkah is valid.
 
The Law of “Lavud”
The reason for this is because as long as there is less than three Tefachim of space between each pole, it is halachically considered as if all of the poles are attached and there is no space between them and this will therefore serve as a valid wall for the Sukkah. This law is called “Lavud” in Talmudic terms. This law is true whether the poles are standing vertically or lying horizontally, for as long as there is no more than three Tefachim between the rods, the wall of the Sukkah is valid.
 
The Law Regarding a Porch Railing
Based on the above, Maran Harav Ovadia Yosef Shlit”a writes: “A porch enclosed by metal poles, such as a railing, on three sides and the space between the poles is not greater than three Tefachim, after one places Sechach on top of the porch, this kind of Sukkah is valid. Needless to say, this applies only when the porch is directly under the sky and not when there is another balcony on top of it.”
 
Fabric Wrapped Around the Porch’s Railing  
Clearly, even if one were to wrap fabric or sheets around the railing in order to have enclosed walls, the Sukkah is still valid. Although we have written in a previous Halacha that a Sukkah whose walls are made of fabric is invalid, this only applies when the walls consist of fabric alone; however, in our situation, the walls of the Sukkah are the metal poles standing next to one another and the fabric does nothing to change the halachic status of the walls.
 
The Required Height for the Porch Railing
We must still, nevertheless, explain how it is that we can consider the railing around the porch as the walls of the Sukkah if it is not so high?
 
Indeed, the Mishnah in the beginning of Masechet Sukkah explains that a Sukkah whose walls are not at least ten Tefachim (approximately 80 centimeters or 31.5 inches) high is invalid. Based on this, the minimal height for the walls of the Sukkah is approximately 80 centimeters; if the walls of the Sukkah are any shorter than this, the Sukkah is invalid.
 
Thus, the railing around a porch being used as the walls of the Sukkah must also be at least 80 centimeters high. If they are at least this height, the Sukkah is valid. Hagaon Harav Avraham Chaim Na’eh zt”l writes that one more centimeter should be added to the 80 centimeters we have discussed, for it is difficult for the correct measurement to be quite so exact. Maran Harav Ovadia Yosef Shlit”a agrees with this and writes that whenever possible and as an added stringency, it is preferable to heighten the walls of the Sukkah so that they reach a height of one meter (39.4 inches), for there are those who rule that a Tefach is larger than eight centimeters which is indeed the opinion of Hagaon Chazon Ish and some Ashkenazi communities who follow his rulings. Nevertheless, halachically speaking, it is sufficient if the walls are 81 centimeters high.
 
Minimum Length and Width of the Sukkah
The length and width of the Sukkah must be at least seven Tefachim by seven Tefachim, which based on the above calculation is approximately 56 centimeters by 56 centimeters; as we have written above, one extra centimeter should be added bringing the minimal dimensions for the length and width of the Sukkah to 57 centimeters by 57 centimeters (22.4 inches by 22.4 inches). According to the Chazon Ish, the minimal dimensions for the length and width of the Sukkah are 70 centimeters by 70 centimeters (27.6 inches by 27.6 inches).

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