Sukkah

MISHNAH. IF ONE MADE HIS SUKKAH UNDER A TREE, IT IS AS IF HE MADE IT WITHIN THE HOUSE.1 IF ONE SUKKAH IS ERECTED ABOVE ANOTHER, THE UPPER ONE IS VALID BUT THE LOWER IS INVALID.2 R. JUDAH SAID, IF THERE ARE NO OCCUPANTS IN THE UPPER ONE, THE LOWER ONE IS VALID. GEMARA. Raba said, [Our Mishnah] was taught only in respect of’ a tree whose shade is greater than the sun [shining through its branches] but if the sun is more than its shade, it is valid. Whence [do we know this]? Since it states, IT IS AS IF HE MADE IT WITHIN THE HOUSE. Now for what purpose does it state IT IS AS IF HE MADE IT WITHIN THE HOUSE? Let it simply state ‘it is invalid’? But the fact is that he taught us this, that the tree3 [referred to is] like a house, just as in a house the shade is more than the sunshine, so the tree has more shade than sunshine. But even where the sun is more than the shade, what is the advantage, seeing that all invalid covering is joined to a valid one?4 — R. Papa answered: [This5 is a case] where [the branches of the tree] were interwoven.6 If the branches were interwoven,6 why7 mention the case at all? — One might have thought that it should be prohibited where it is interwoven as a preventive measure against the possibility of regarding it as valid even where it was not interwoven,8 [therefore the Mishnah] informs us that no such preventive measure has been enacted. Have we not learnt this also: If a man trained upon it [a sukkah] vine, or a gourd, or ivy, and he covered [it with a valid covering], it is invalid.9 But if the valid covering exceeded these in quantity, or if one cut them,10 it is valid.11 Now to what case does this12 refer? Shall I say where he did not interweave them,13 then obviously the invalid covering is joined to14 the valid one?15 Must it not then16 refer to a case where one did interweave them;13 and hence it may be inferred that no preventive measure was in such a case deemed necessary?17 — One might have presumed that [this18 is permissible] only ex post facto but not ab initio, hence we were informed [that19 even ab initio it is permissible]. IF ONE SUKKAH IS ERECTED ABOVE ANOTHER. Our Rabbis taught, Ye shall dwell in Sukkoth,20 but not in a sukkah under another sukkah, nor in a Sukkah under a tree, nor in a Sukkah within the house. On the contrary! Does not the word Sukkah21 imply two? — R. Nahman b. Isaac answered, The word is written defectively.22 R. Jeremiah said: Sometimes both23 are valid, sometimes both invalid; sometimes the lower one is valid and the upper invalid, and sometimes the lower one is invalid and the upper one valid. ‘Sometimes both are valid’. In what circumstances? When in the lower one the sun is more than the shade,24 and in the upper the shade is more than the sun, and the upper one is within twenty [cubits from the ground].25 ‘Sometimes both are invalid’. In what circumstances? When in both of them the shade is more than the sun, and the upper one is more than twenty cubits [high].26 ‘Sometimes the lower one is valid and the upper invalid’. presence of the invalid covering of the tree should, therefore, invalidate the Sukkah. and, since the former are less in quantity than the latter, the Sukkah is valid (cf. infra 11a). need of Raba's ruling? is similarly invalid since it is more than twenty cubits high.