By Rabbi Yair Hoffman Well it looks good for the weather tomorrow evening – with rain not predicted. GENERALLY EXEMPT WHEN IT RAINS Generally speaking, we are exempt from eating in the Sukkah when it rains. However, the first night of Sukkos is different than other nights. Generally, we have a principle of mitzta’er patur min hasukkah – one who suffers is exempt from the Sukkah. This is because there is a drasha that we make on the words, “basukkos teishvu shivas yamim – in Sukkahs shall you dwell for seven days.” The drasha is “dwell” in the same manner as your “dwelling.” If you would not stay in that room in your home – then you should not do it in the Sukkah either. Thus, if you are very cold or very hot or if it is raining, or too buggy or stuffy, then this is considered mitzta’er. THE OPINION THAT THE EXEMPTION DOES NOT APPLY THE FIRST NIGHT Many, many Rishonim hold that the exemption does not apply on the first day because we have a hekesh – (kind of a Torah based hyperlink) connecting the 15th of Tishrei (Sukkos) to the 15th of Nissan (Pesach). And since there is no exemption of Mitzta’er on Pesach there is no exemption on Sukkos either. This also seems to be the indication of the Gemorah in Sukkah 27a. Who are these Rishonim? They are: The Rosh (Brachos 7:23), the HaGaos Ashri (end of second chapter of Sukkah), the Trumas HaDeshen (responsa #95) the Orchos Chaim, the Meiri, the Chochmei Luniel, the Ran, Tosfos Rabbeinu Peretz, the Maharil, the Ritva, Rabbeinu Manoach, and the Tur. THE OPINION THAT THE EXEMPTION DOES APPLY ON THE FIRST NIGHT The Rashba ( Responsa Vol. IV Siman 78) is of the opinion that the exemption also applies on the first night of Sukkos too. This also appears to be the view of the Raavad (Responsum #199). The Mechaber does not show a preference for either opinion, but the Ramah rules stringently. Sefardim have also adopted the position of the Ramah. PRACTICALLY SPEAKING Practically speaking, on the first night, we must still eat in the Sukkah when it rains, but we have to kind of stick it out first – to see if it will stop raining. Why is this the case? Because we would like to fulfill this Torah Mitzvah in the ideal manner – that is to eat in the Sukkah and make a bracha on the Sukkah. When it is raining, we do not make a “laishev BaSukkah.” So what are the various options? OPTION ONE: If people are hungry and or tired and it does not look like it will stop raining, one should go into the Sukkah right away, recite kiddush in the Sukkah and not say the Laisheve Basukkah, and eat a kezayis of bread in the Sukkah. When washing, they should have in mind to continue the meal indoors, and continue it there making sure to eat a kezais of bread indoors as well (See Ramah OC 639:5 and Mishna Brurah on it). If it stops raining, however, he must go back into the Sukkah, recite a Laishev BaSukkah, and eat a Kebaitzah of bread in the Sukkah. OPTION TWO If there is a decent possibility that the rain […]
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