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Week 34 - Wednesday - 19 July 2000

SUKKAH: CHAPTER 2: MISHNAH 8

Women, slaves and minors are exempt from the sukkah. A minor who is not dependent on his mother is obligated in respect of sukkah. It happened that Shammai's daughter-in-law gave birth and he removed the ceiling plaster and covered above the bed with sekhakh for the sake of the male child.

Kehati

Women, slaves and minors are exempt from - the obligations of dwelling in - the Sukkah. A baraita quoted in the Gemara gives the following reason for the exemption of women: It is stated (Lev. 23.42) "Every home-born (ezrah) Israelite shall dwell in booths", and ezrah (masculine) excludes females. The conclusion reached in the Gemara, however, is that the exemption is an oral tradition handed down "from Moses at Sinai", while the Scriptural source is an asmakhtah (support for the idea but not a direct Scriptural injunction - Tr.). Although, generally, women are exempt from all commandments having a specific time set for their performance, nevertheless explicit exclusion is necessary in this instance. Women might have been deemed obliged to perform this mitzvah, because of "You shall dwell", normally. Now man and wife normally reside together, hence both might be deemed obliged to dwell in the sukkah. Also, the gezerah shavah (see above 2:6): "fifteenth - fifteenth" might have taught that just as women are obliged to eat matzah on the first night of Pesah so would they be bound in respect of the sukkah. Hence Scriptural authority or Halakhic tradition was necessary to declare them exempt. Gentile slaves, being governed by the same law as women, are also exempt; so are minors since no duties at all devolve upon them.

A minor who is not dependent on his mother - to take care of him and is not tied to her constantly; the Gemara sets this criterion: "If, when he wakes up, he does not cry out: 'Mother! Mother!'", i.e., he does not persist until she comes to him, but calls once and then waits for her (Rashi) - is obliged in respect of Sukkah - so as to train him to observe mitzvot.

It happened that Shammai's daughter-in-law gave birth and he removed - that part of - the ceiling plaster - covering his daughter-in-law's bed - and covered - the open space - above the bed with Sekhakh (sukkah thatching), for the sake of the - newly-born - male child. According to Bet Shammai every male child must be brought into the sukkah. Shammai was held to be especially strict on the need of educating the young, even when totally dependent on their mothers, whenever circumstances allowed it, as in the instance of the sukkah. The Sages, on the other hand, hold that since the mother herself is exempt, a child which is dependent upon her is not ready to be trained to observe the precept of sukkah (R. Nissim).

According to R. Solomon Luria (Maharshal) the phrase, "for the sake of the male child" refers to another son of Shammai's daughter-in-law, about five years old at the time, who could not be taken away from his mother (see Hokhmat Shelomo, Yevamot 15a; also Rashash, sukkah 28a).

SUKKAH: CHAPTER 2: MISHNAH 9

All seven days one is to make his sukkah a permanent abode and his house a casual abode. If rain began falling, when is it permissible to remove? When the porridge becomes spoiled. An analogy was drawn: to what may this be compared? To a slave who came to fill the cup for his master, and he poured the jug over his face.

Kehati

All seven days of the Sukkot Festival one is to make his Sukkah a permanent abode and his house a casual abode - living mainly in the sukkah. A Baraita describes this as follows: "One brings his choice of crockery and cutlery into the sukkah, his best divans; he eats and drinks, spends his leisure and does his studying there".

If rain began falling, when is it permissible to remove - the vessels from the sukkah and leave?

When the porridge becomes spoiled - by the rain drops that fall into the food (Mikpah - a thick, porridgelike dish).

An analogy was drawn: to what may this - i.e., being compelled to leave the sukkah because of the rain - be compared?

To a slave who came to fill the cup for his master, and he - the master - poured the jug over his face - as if to say: "I don't' want you to serve me." Similarly, when rain falls on Sukkot, it shows that the ministration of the people of Israel (i.e., dwelling in the sukkah) is unacceptable to God.

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