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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sukah 26

SUKAH 26 & 27 (Iyar 11 & 12) have been dedicated by an anonymous talmid chacham to the memory of his mother, Sarah Dvosya bas Rav Mordechai of Milwaukee (Yahrzeit: 11 Iyar)



(a) A Chasan and his retinue are Patur from ...
1. ... Tefilah - because Lechatchilah, the entire Tefilah requires concentration (to know that one is standing before Hashem), and due to the Simchah, they cannot concentrate properly.
2. ... Tefilin - because, due to the large consumption of wine, many of them are drunk and in a lighthearted mood, not conducive to the sanctity of Tefilin.
(b) He is Chayav to recite the Shema - because it is only the first Pasuk which has to have concentration.

(c) Rebbi Shilo differentiates between the Chasan himself, who *cannot* concentrate - even during the first Pasuk of the Shema, and his retinue, who *can*.

(d) They are not Patur from all the Mitzvos (on account of 'ha'Osek ba'Mitzvah, Patur min ha'Mitzvah') - because these Tana'im do not hold of that principle.

(a) Rebbi Chananya ben Akavya (who does hold of 'ha'Osek ba'Mitzvah ... ') exempts Sofrim from all the Mitzvos as well as 'Tagreihen ... ' - which means the salesmen, who buy the goods from the Sofrim and sell them to the public.

(b) When he adds 've'Chol ha'Oskin bi'Meleches Shamayim' - he comes to add those who sell Techeiles for the Mitzvah of Tzitzis.

(c) The author of the statement 'ha'Osek ba'Mitzvah, Patur min ha'Mitzvah' - is Rebbi Yossi.

(a) Travelers are Patur from Sukah - because of "Teshvu" - 'ke'Ein Taduru'. Consequently, just as during the year, one leaves one's house to travel, so too, one is entitled to do on Sukos.

(b) Travelers are Chayav Sukah at night-time - when they are not actually traveling.

(c) The town guards are Patur under exactly the same circumstances as travelers. People who guard fields and orchards (presuming that they remain there twenty-four hours a day) are Patur both by day and by night. According to Abaye, they are not obligated to put up a Sukah and sit there, because of "Teishvu" - 'ke'Ein Taduru'. Rava gives the reason as 'Pirtzah Kor'ah le'Ganav', meaning that the guard sitting in a Sukah at night-time will encourage would-be thieves to take advantage, and to steal fruit from areas that are not visible from the Sukah.

(d) If the guard is only guarding a pile of fruit which is entirely visible from the Sukah, he will be Chayav to put up a Sukah, according to Rava, but not according to Abaye.

(a) Any sick person who is more comfortable in the house than in the Sukah is Patur from Sukah because of the principle 'ha'Mitzta'er Patur min ha'Sukah'.

(b) Rebbi Yossi B'rivi - better known as Rebbi Yossi ben Chalafta - once granted Raban Shimon ben Gamliel, together with his servants, permission to sleep in the house because his eyes were hurting him. B'rivi means the sharpest man in his generation.

(c) One may leave the Sukah to go and sleep in the house, on account of flies or an unpleasant odor (e.g. that comes from the ground) - though if the Sukah was constructed in a location where this is inevitable, the Sukah will be Pasul.

(d) The Mishnah specifically mentions the Petur of the sick person, and not that of 'Mitzta'er' - in order to include those who are looking after him, who are not Patur in the case of Mitzta'er.

(a) Rav Yosef suggested that 'Achilas Ara'i' (which is permitted outside the Sukah) means *two or three* k'Beitzim (the equivalent to two or three mouthsful). Abaye objected to that Shiur - because sometimes it will suffice to satisfy him (so how can he possibly be Patur from Sukah?). Abaye subsequently assesses 'Achilas Ara'i' - as (up to) *one* k'Beitzah.

(b) Even though eating Ara'i is permitted outside the Sukah, sleeping Ara'i is not.

(c) The reason for the stringency by sleeping, cannot be because of the fear that one may come to extend one's sleep into a 'Shinas Ke'va' - because if it were, why would sleeping Ara'i in Tefilin permitted? Why do we not issue the same decree *there*, to forbid Shinas Ara'i because one may come to extend one's sleep into a 'Shinas Ke'va'?

(d) The contention that sleeping in one's Tefilin is permitted as long as one gets someone to wake him up (before his sleep turns into a 'Shinas Ke'va') is not acceptable - because who says that the appointee will not fall asleep, too?

(a) Rabah bar bar Chanah quoting Rebbi Yochanan, permits sleeping a Shinas Ara'i in one's Tefilin, provided one places one's head between one's legs - because in that position, he is unlikely to fall into a deep sleep.

(b) Rava is more stringent. According to him - there is no such thing as a Shinas Ara'i, since sometimes, a short sleep is as much as a person needs.

(c) The Beraisa which ...

1. ... permits sleeping a Shinas *Ara'i* in one's Tefilin, but not a Shinas *Ke'va* - speaks when he is wearing them (and we are afraid that he will emit a smell).
2. ... permits even a Shinas Ke'va - when he covers them and places them beside his head (since the Torah was not given to angels - where else must he place them?)
3. ... forbids sleeping even a Shinas Ara'i - when he is holding them is his hands (and we are afraid that they may fall).
(d) The Shiur of Shinas Ara'i, according to Rami bar Yechezkel's Beraisa (and others) - is the time it takes to walk a hundred Amos (the equivalent of fifty-four seconds - assuming that one Mil is eighteen minutes).



(a) According to Rebbi Ya'akov in the Beraisa - if someone who is sleeping in his Tefilin (a Shinas Keva, which Rebbi Ya'akov permits - Ritva) sees Keri - he removes them by the straps and not the Tefilin themselves.

(b) The Chachamim forbid sleeping a Shinas Keva in the first place.

(a) Rav forbids sleeping during the day more than 'sixty breaths' (approximately half an hour), the amount of time that a horse sleeps - because of Bitul Torah.

(b) Rabah, Rav and Rebbi would all sleep a maximum of 'sixty breaths' during the day.

(c) Rebbi learned this from David ha'Melech, who would never sleep more than that - even *at night-time*.

(d) Rav Yosef applied the Pasuk from Mishlei "Ad Masai Atzel Tishkav ... " to Abaye - when he once slept the time it took to walk from Pumbedisa to Bei Kuvi - six Parsah (over seven hours! - see Rebbi Chananyah Lipa Meizels).

(a) Rebbi Nasan permits sleeping in one's Tefilin by day - provided one intended only to sleep (and not to be with his wife).

(b) By night, he obligates their removal them - even if one's intention is to sleep only a Shinas Ara'i.

(c) Rebbi Yossi argues with him, regarding *youngsters* - to whom he applies the same Din *by day* as Rebbi Nasan applies *by night*, because youngsters are likely to become Tamei.

(d) This does *not* mean that Rebbi Yossi is of the opinion that a Ba'al Keri is forbidden to wear Tefilin, explains Abaye - because by 'Tum'ah', Rebbi Yossi means that they are likely to end up with their wives (in which case, it is certainly forbidden to wear Tefilin).

10) If someone forgot and went to bed with his wife wearing his Tefilin - he may not touch them at all, neither the Tefilin themselves, nor the straps, until he has washed his hands (because hands tend to move around, and he probably touched the Tum'ah).


(a) When they brought Rebbi Yochanan ben Zakai a cooked dish, and Raban Gamliel two dates and a bucket of water, both said 'Take them up to the Sukah'.

(b) Rebbi Tzadok took the food that they brought him in a cloth (without washing his hands), ate it outside the Sukah and did not Bensch over it - because it was less than a 'k'Beitzah.

(c) True, the story with Rebbi Yochanan ben Zakai and Raban Gamliel follows the Mishnah, which exempts eating Ara'i outside the Sukah. However, there are words missing that need to precede the story, and with which it will conform.

(d) Rav Yosef (who exempted even *more* than a k'Beitzah from Sukah) and Abaye (who exempted exactly a *k'Beitzah*) explain that our Tana mentions that Rebbi Tzadok requires *less* than a k'Beitzah because of the other two Dinim (washing the hands and Bensching), but not because of Sukah, where a k'Beitzah would also suffice to exempt him.

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