<I>Sukkah</I> on <I>Shemini Atzeret

The sukkah on Shemini Atzeret controversy The sukkah on Shemini Atzeret controversy by William Gewirtz Introduction: Arguments about eating in the sukkah on Shemini Atzeret outside of Israel have a long and somewhat baffling history.[1] While not the only example of practice in opposition to the Shulchan Aruch, it appears to be among the most argued. The gemara, Rambam, the Tur and the Shulchan Aruch, written in many locales, all seem to be as unambiguous as possible in requiring one to eat in the sukkah. The Gaon, incensed by the spreading Chassidic custom to eat outside the sukkah, perhaps lemigdar miltah, went so far as to mandate sleeping in the sukkah on the night of shemini atzeret, in opposition to the Maharil, the Magen Avraham and normative custom. Despite consensus among all major decisors to require eating in the sukkah, an undercurrent of opposition has existed from at least the times of the early rishonim. Support for that opposition has been based on a number of apparently legitimate points. However, despite some early and consistent opposition, despite the logic and halakhic rationale of those who did not sit in the sukkah, and despite the problematic nature of the gemara (as explained below), I hope to explain the basis for the concluding and declarative statement in the gemara: “we sit but do not make a berakha.” In fact, the assumption, explicitly found[2] as far back as the times of the rishonim, that the declarative ruling was interpolated at a later point, is fundamental to explain both sides of the controversy. Some, as early as the times of therishonim, argue that we can discount suchgeonic interpolations in deference to the original text which, as will be demonstrated, concludes not to sit in the sukkah. My goal is to explain why the interpolation is to be followed despite its ostensible opposition to the remainder of the text. The major thesis proposed is that one has to differentiate between a period of doubt as existed in both the yerushalmi and bavli when rosh chodesh was declared based on the observation of witnesses and a later period when rosh chodesh was determined using a fixed calendar. The geonic interpolation into the text of the gemara occurred at that later point; its rationale and inconsistency with the texts of the gemara needs to be addressed from that perspective. If I am correct, then in the period whenrosh chodesh was declared based on the observation of witnesses, as in the times of Rav Yochanon and Rav,[3] sitting in the sukkah was not always required. However, when the fixed calendar was in use, the rabbis (eventually) decreed that sitting in the sukkah on Shemini Atzeret was obligatory. It may well have been more akin to a gezairah required at their time versus a continuation of historic practice. The remainder of the paper focuses on: An analysis of the primary texts of the gemarot that demonstrates opposition to sitting in thesukkah on Shemini Atzeret. A conjecture that the level of doubt in the times of the gemara was minor. Possible objections to sitting in the sukkah on Shimini Atzeret when not required and why they were perhaps considered overriding particularly given the level of doubt. Additionally, there are critical factors that differentiate Shemini Atzeret from other cases of yom tov sheni. The interpolation by the geonim, and their insistence on sitting in the sukkah despite earlier halakhic rulings. The objection to the gemara’s conclusion by some early authorities and their different practices. Reasons that would exempt you from sukkah in general, would certainly exempt you on Shemini Atzeret; mitztayer and kabbalat penai rabbo are analyzed as bases for not sitting in the sukkah. A summary and a modest proposal. Section 1 – An analysis of the primary text of thegemarot demonstrates opposition to sitting in the sukkah on Shemini Atzeret. The sugya in the bavli masechet sukkah beginning on 46b contains three parts:[4] A. The disagreement of Rav Yochanon and Rav. R. Judah the son of R. Samuel b. Shilath citing Rav ruled: The eighth day which may be the seventh is regarded as the seventh in respect of the sukkah and as the eighth in respect of the benediction. R. Yochanon, however, ruled: It is regarded as the eighth in respect of both. B. Two approaches to interpreting the disagreement. FIRST APPROACH: That one must dwell [in the sukkah on the eighth day] is agreed by all, they only differ on the question of the benediction. According to him who regards the day as the seventh in respect of the sukkah, we also recite the benediction [of the sukkah], while according to him who holds that it is regarded as the eighth in respect of both, we do not recite the benediction [of the sukkah]. R. Joseph observed: Hold fast to the ruling of R. Yochanan, since R. Huna b. Bizna and all the notables of his age once entered a sukkah on the eighth day which may have been the seventh, and while they sat therein, they did not recite the benediction. But is it not possible that they were of the same opinion as he who laid down that once a man has recited the benediction on the first day, he has no more need to recite it? — There was a tradition that they had just come from the fields. SECOND APPROACH: (the ikka de’amri) There are some who say that the ruling that one must not recite the benediction [of the sukkah] is agreed upon by both, and that they only differ on the question whether one must sit [inthe sukkah]. According to him who ruled that it is regarded as the seventh day in respect of the sukkah, we must indeed sit in it thereon, while according to him who ruled that it is regarded as the eighth day in respect of both, we may not even sit in it thereon. R. Joseph observed: Hold fast to the ruling of R.Yochanan. For who is the authority of the statement? R. Judah the son of R. Samuel b. Shilath [of course], and he himself sat on the eighth day which might be the seventh outside the sukkah. C. A declarative ruling that “we sit but do not make a berakha.” And the law is that we must indeed sit in the sukkah but may not recite the benediction. A. The disagreement of Rav Yochanon and Rav: Rav states that Shemini Atzeret is treated as the seventh for “this” and the eighth for “that.” Rav Yochanon states it is the considered as the eighth for “this” and “that.” The two approaches differ as to what “this” and “that” refer.[5] B. Two approaches to interpreting the disagreement: The first alternative assumes that all agree that sitting in the sukkah is obligatory; the argument concerns whether to make a berakha. In this approach Rav is asserting that one makes a berakha “leishev ba’sukkah.” The phrase “the seventh for this” refers to this obligation for a berakha on sitting in the sukkah. “The eighth for that” refers to the fact that the other prayers ofShemini Atzeret – kiddush and tefillah – mention only the eighth day and make no mention of Sukkot. Rav Yochanon asserts we make no reference to Sukkot, making no berakha when sitting in the sukkah on the eighth. It is the eight for “this” refers to sitting in the sukkah without a berakha; “the eighth for that” is interpreted identically to Rav. According to both opinions, “this” refers to whether or not a berakha is made when sitting in the sukkah on Shemini Atzeret. According to both opinions, “that” refers to the mention of only Shemini Atzeret in the prayers of the eighth day. This reading is rather forced in that there does not appear to be any disagreement about what holiday ought to be referred to in the various prayers and blessings of the eighth day. While the word “this” is informative, the word “that” is not. Stating both Sukkot and Shemini Atzeret in one prayer/blessing would be contradictory; declaring a day to be both Sukkot and Shemini Atzeret was never even raised as a possibility and for good reason. The first approach then quotes practice that supports the view of Rav Yochanon, suggesting that we are to follow the opinion of Rav Yochanon. The second approach assumes not making a berakha on sitting in the sukkah is undisputed; the argument is about even sitting in the sukkah. Thus the second part of the phrase – the eighth for “that” states that common view of both Rav and Rav Yochanon omitting a berakha on sitting in the sukkah. “This” refers to the obligation to sit in the sukkah. Rav maintains for “this” it is considered the seventh and hence one is obligated to sit in the sukkah. Rav Yochanon maintains it is the eighth for “this” as well with no obligation to sit in the sukkah. Note that in this approach of the ikaa de’amri, both parts of the sentence are informative. The second approach then also quotes practice that supports the view of Rav Yochanon, suggesting that we follow the opinion of Rav Yochanon Were the sugya to end at this point, the conclusion would be clear for two reasons. Each reason itself is two- fold, resulting from both a general principle as well as a detail present in this specific case. First, generally, where there are two alternative approaches, the second, the ikaa de’amri, is assumed normative.[6] As well in this specific case, as indicated, the phrase of both Rav and Rav Yochanon is more informative in the formulation of the ikka de’amri.

Load more