Machberes: Inside The Chassidish And Yeshivish World
By Rabbi Gershon Tannenbaum
The first two days of Sukkos 5776 (2015) were enthusiastically celebrated in the Northeast, where, most fortunately, no appreciable rain fell to disturb the use of our sukkahs. Cholha’moed and Shabbos, however, were overshadowed by rainfall and the threat of Hurricane Joaquin.
During the concluding yomtov of Shemini Atzeres, many eat in their sukkahs, feeling that the chutz la’aretz confusion about the exact day of the yom tov mandates that we eat in the sukkah on the day that is still possibly Sukkos. Some make Kiddush outside of the sukkah or with the sukkah covered, but eat their meals inside the open sukkah. No one makes the berachah on eating in the sukkah. However, on Shemini Atzeres, everyone joins the TefillasGeshem, the prayer for rain, even those who intend to eat in the sukkah. Are they possibly hoping to be freed from eating in the sukkah because of the rain they are praying for?
Everyone agrees that the requirement of eating meals in a sukkah is absolute during the first seven days of yom tov, which include two days of yomtov, four days of cholha’moed, and Hoshanna Rabbah. However, when it rains, the obligation of eating in a sukkah is suspended. The volume of rain that cancels the obligation of eating in a sukkah is when the amount of rain entering the sukkah spoils the food. Tzaddikim of old would eat their food in a sukkah during rain on Sukkos from a plate set on the table in front of them while simultaneously holding another plate directly above their food to capture the rain. Thus, while they themselves were getting thoroughly soaked, falling rain was caught in the upper plate while their food was not in the least spoiled by the rain.
According to halachah, rain must generally be able to enter the sukkah through the s’chach. If rain cannot enter the sukkah, then the sukkah is disqualified. Those who eat in a sukkah in spite of rain pouring in are to be admired, but they may not utter the blessing of eating in a sukkah. This brings us to the topic of water-resistant and waterproof sukkahs. Plainly, a sukkah covered by a canopy, awning, or sliding or hinged roof, also known in Yiddish as a shlock, cannot serve as a kosher sukkah. The shlock must be open during eating or sleeping.
An interesting chumrah (stringency) that never caught on was the proposed requirement that the shlock must be open as yomtov begins, in order for the sukkah to be kosher (MatehEphraim 625:29 and KitzurShulchanAruch 134:8). The MatehEphraim was authored by Rabbi Ephraim Zalman Margolios, zt’l (1762—1828), and the KitzurShulchanAruch was authored by Rabbi Shlomo Ganzfried, zt’l (1804—1886). For practical reasons, such as rain or that the homeowner is away on erev yom tov, this chumrah is generally ignored.
One of the criteria of s’chach is that it not be too thick. If the s’chach is so thick that it prevents rain from falling into the sukkah, the s’chach is invalid. Ideally, the s’chach should allow someone inside the sukkah to see stars from within. However, if stars cannot be seen, the sukkah has not been invalidated. However, if rain is unable to enter the sukkah, it is invalidated.
This year (2015), Mattar Mat hit the market. Its website states: “In 2448, the very first sukkahs that protected the Jewish people in the desert were protected by the ananei ha’kavod–a rain-free s’chach. It is in that spirit that we introduce the Mattar Mat. With the guidance of poskim of the generation, we have produced the Mattar Mat to ensure that rain will never again ruin your sukkah experience. Never again will you need a shlock or be forced to leave the sukkah. Mattar Mats are durable, easy to store, and easy to maintain.”
They list endorsements and implied endorsements from: Rabbi Chaim Kanievsky; Rabbi Yisroel Yaakov Fisher, zt’l (1928—2003); Rabbi Shlomo Zalman Auerbach, zt’l (1910—1995); Rabbi Yosef Shalom Elyashiv, zt’l (1910—1912); Rabbi Yitzchok Zilberstein; Rabbi Shlomo Kluger, zt’l (1783—1869); Rabbi Eliyahu Levin; Rabbi Moshe Roid; and the Badatz of Lakewood. Included in their advertisements are pictures of Rabbi Kanievsky with a Mattar Mat on his desk, writing the endorsement.
In 1987, Yaakov Hoch of Antwerp, Belgium, patented a water-resistant s’chach under the name of S’chach HaPeleh, the wonder s’chach. The s’chach consists of two levels of individual pieces of wood. The upper level consists of convex slats, slightly larger than one inch high and two and a half inches wide, placed flush next to each other. The lower lever consists of concave slats, slightly smaller, also placed flush against each other, offset from the above row of slats. The lengths of both the upper and lower slats would be slightly larger than the sukkah.
The upper level is positioned one inch or so higher than the lower level, both set at a downward angle. Rain falling on the upper level will flow down into the grooves of the lower level, and then flow down the length of the slats out above the sukkah; thus the rain does not fall into the sukkah. The open space between the two levels would allow one inside to see heavenly stars at an angle, and in instances of strong downpours of rain, or rain falling at an angle, some rain would actually fall into the sukkah.
As with all halachic innovations, leading rabbis across the spectrum of religious practice analyzed elements of the proposal and expressed their conclusions. As the S’chach HaPeleh was first introduced in Antwerp, Rabbi Chaim Kreiswirth, zt’l (1918—2001), chief rabbi of Antwerp, together with members of the beis din there, issued a ruling finding S’chach HaPeleh categorically kosher. Nevertheless, leading poskim throughout the world contemplated many facets of interpretation, reviewed, deliberated, and expressed varied opinions. Some agreed and others sharply disagreed.
Discussions focused on the kosher status of s’chach that was so thick that rain was unable to penetrate. Rabbi Yaakov ben Asher, zt’l (1270—1340), in his Tur 631 and 635 cites Rabbeinu Tam, zt’l (1100—1171), who states that even though the Mishnah accepts, de facto, s’chach that does not allow stars to be seen through it, s’chach that is so thick that rain cannot come through is not kosher. Rabbi Yosef Karo, zt’l (1488—1575), in his ShulchanAruch (629) disallows boards that are four tefachim wide (a tefach is 3.54 inches or 9.00 centimeters each) to be used as s’chach. If the boards are three tefachim wide, they are permissible. However the Shulchan Aruch notes that we are accustomed not to use them. Rabbi Yitzchok of Courbeil, zt’l (1200—1281), in his Smak explains that use of such boards would prevent rain from entering. Rabbi Yoel Sirkis, zt’l (1561—1640), in his Bayis Chodosh, advises against narrower boards or slats, since using layers of such slats would prevent rain from entering through.
These views are discussed through the prism of Rabbeinu Tam’s opinion, who may have felt that the use of boards or slats resembles a regular permanent home and would not constitute a “temporary home.” If so, then S’chach HaPeleh cannot be used. However, the inability of rain to penetrate s’chach when a permanent home is not simulated, may possibly not have Rabbeinu Tam prohibiting it, thus permitting S’chach HaPeleh.
Rabbi Meir Brandsdorfer, zt’l (1934—2009), author of Knei Bosem, understands Rabbeinu Tam seeing rainproof s’chach as resembling a permanent home and proclaims S’chach HaPeleh as not kosher. He further states that S’chach HaPeleh actually negates the mitzvah of sukkah.
Rabbeinu Tam’s opinion is not accepted by many poskim. Rabbi Shmuel Levy in his Shevet Levi and Rabbi Moshe Shternbuch in his Teshuvos Vehanhagos note that the Tur only mentions Rabbeinu Tam but does not find his opinion binding. The ShulchanAruch and the Rema do not even mention Rabbeinu Tam’s opinion.
The discussion of water-tight s’chach does not take into account the possibility of s’chach such as the S’chach HaPeleh, which has two openings or spaces at two ends of the sukkah, through which rain can enter the sukkah and the stars can be seen. S’chach HaPeleh can only handle regular rain. If, however, the downpour of rain is heavy, then rain would enter the sukkah. Also, if rain falls at an angle, water would enter the sukkah. These factors would negate Rabbeinu Tam’s reasoning of prohibition. Rabbi Brandsdorfer discounts heavy rainfalls.
Rabbi Noson Gestetner, zt’l (1932—2010), in his Lehoros Nosson, feels that boards and slats are prohibited because of their permanent appearance; the S’chach HaPeleh, too, if used in three or more layers, would also appear as permanent. Rabbi Yitzchok Yaakov Weiss, zt’l (1901—1989), in his MinchasYitzchok, warns against tampering with a biblical commandment. Rabbi Shternbuch discusses the tendency of gedolim, past and present, to cover their sukkahs with thick s’chach, through which regular rain would not ordinarily come in. The ability of heavy downpours to penetrate is sufficient to keep the sukkah kosher.
In Antwerp, the use of narrow slats for s’chach is accepted. Rabbi Shraga Feivish Shneibalg, zt’l, author of ShragaHaMeir, argues that in rainy areas, such s’chach would be acceptable, de facto. Rabbi Hanoch Dov Padwa, zt’l (1908—2000), in his Cheshev HaEiphod, determines that S’chach HaPeleh is kosher.
Some have suggested that S’chach HaPeleh should be used for only part of a sukkah. Ordinarily one would eat under regular s’chach. During rainfall, one would eat under S’chach HaPeleh. If it is not kosher, then eating under it would be equivalent to eating under a shlock. If it is kosher, then the mitzvah of eating in a sukkah would be achieved.
Though mentioned in the Mishnah (1:11), matchtzeles (s’chach mats) were not recommended and generally not used (ShulchanAruch 629:61; Shulchan Aruch HaRav 629:67; Kitzur Shulchan Aruch 134:3; Levush, Elyahu Rabba 629:108; Yeshuos Yaakov 629:103). Nevertheless, in the last decade, we have seen almost universal acceptance and use of s’chach mats, all with superlative hechsherim. Canvas sukkahs, when first introduced, were not endorsed by many gedolim. Nevertheless, canvas sukkahs, with whatever minor improvements, have gained universal acceptance and are probably today’s most widely used type of sukkah. Similarly, the concept behind S’chach HaPeleh will be further developed and, sooner rather than later, will be hailed as the newest development in sukkah enhancements. v
Rabbi Gershon Tannenbaum is the rav of B’nai Israel of Linden Heights in Boro Park and director of the Rabbinical Alliance of America. He can be contacted at yeshiva613@aol.com.
