Where is the Sukkah to be built?

May one build a Sukkah in a public property?[1]

Initially one may not build a Sukkah in a public area such as on a city street or sidewalk and the like of places that people pass by. This applies even if the entire city is of Jewish population and certainly the Jews do not mind one building his Sukkah there.[2] One is to protest against anyone who makes a Sukkah in a public area. Nevertheless Bedieved if one built a Sukkah in a public property he fulfills his obligation.

May one say a blessing in such a Sukkah: If one transgressed and built a Sukkah in a public property although he fulfills his obligation nevertheless he may not say a blessing ‘lesheiv basukkah’.[3] [However many Poskim[4] rule one may even initially build a Sukkah in a public property and say a blessing, and so is the custom. This especially applies if one has received permission from the city municipality.]

 

Q&A

May one build a Sukkah in a public area that people do not pass by, such as a forest or field?

Seemingly one may do so as people do not pass by this area.                                                                

 

If one does not have a permit to build a permit in his property may one build a Sukkah there?[5]

Yes.

 

A Sukkah on a ship:[6]

A Sukkah which is built on ship must be strong enough to withhold a common wind of dry land. If it is this sturdy, then even if it cannot stand in the face of a common wind of the sea it is nevertheless valid. It is valid even when the ship is moving.

 

Q&A

Is a Sukkah mobile valid?[7]

A Sukkah that is attached to the back of a pick-up truck is valid so long as a normal wind cannot blow off the walls or the Sechach the Sukkah is valid. Such a Sukkah is valid even when the car is moving[8] and even if it does not have a floor attached to it[9].

 

Must the Sechach be secured to the Sukkah to the point that a common wind cannot take it down?[10]

Yes. Thus if one has a light mat which he is using for Sechach it must be secured with rope so it does not blow away with the wind.

 

May one make a Sukkah on a tree?[11]

Yes.

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[1] 637/11

[2] The reason: The reason for this is because the city belongs to the whole world including gentiles which certainly do mind for one to place a Sukkah there and hence if one builds a Sukkah there it is considered like a Sukkah built on stolen property. [ibid]

Why is this Sukkah not similar to a borrowed Sukkah: Now although one fulfills the Mitzvah of Sukkah if he builds it on stolen property nevertheless Lechatchilah one may not live in a Sukkah that is on stolen property being that the verse states Taaseh Lecha and such a Sukkah is not actually yours. This is not similar to a borrowed Sukkah being that when it is borrowed he has permission to use it and it is hence considered his for all intents and purposes of Sukkah. [ibid]

[3] The reason for this is because since the Sukkah is stolen it is not considered like one is saying a blessing but like one is blaspheming Hashem. [ibid]

[4] M”B 637/10; Piskeiy Teshuvos 637/3

[5] Piskeiy Teshuvos 637/3; Nitei Gavriel

[6] 628/4

[7] Piskeiy Teshuvos 628/2

[8] Admur 628/4; Shaareiy Tziyon 628/11

[9] Piskeiy Teshuvos

[10] Piskeiy Teshuvos 628/2 footnote 6

[11] 628/5