May these words of Torah serve as a merit le’iluy nishmat Menachem Mendel ben Harav Yoel David Balk, a”h.
This week we learned Makkot 8. These are some highlights.
Makkot 8: If a person can build his sukkah or pick his etrog, which should he do?
Rav Zilberstein asks: if a person has a chance to build his own sukkah prior to the holiday or to pick his own etrog, but he cannot do both actions, which act should he do? Which mitzvah is greater?
He points out that the She’iltot is read by the Netziv to state that there is a mitzvah to build one’s sukkah. The Torah states “Chag Hasukkot ta’aseh lecha, A holiday of booths you shall make for yourself.” The Torah is conveying a mitzvah to make the sukkah. According to the Talmud Yerushalmi, one should recite a blessing when he builds a sukkah. There is no need to bless when manufacturing a shofar or cutting down a lulav. Only sukkah deserves this blessing for there is a mitzvah in the very building of the sukkah. According to Netziv, in building the sukkah we have the rule—better to do it yourself than to have an emissary do it for you. Since there is no particular mitzvah to cut down a lulav or etrog, you can appoint a shaliach to cut them down for you. Only when the Torah mentions a particular act do we have the rule that the act should be done by the person himself and not by a shaliach.
Our Gemara is a key source in this discussion. Our Gemara is discussing the law of the mistaken killer. Someone who through negligence mistakenly causes a death must run to exile in a city of refuge. If he was busy doing a mitzvah and in the midst of the mitzvah act mistakenly killed, he does not need to go to a city of refuge. The Gemara teaches that cutting down trees for a sukkah does not qualify as doing a mitzvah act. Chelkat Yoav interprets our Gemara as teaching that there is no mitzvah to build a sukkah. There is a mitzvah to sit in a sukkah. If you find a sukkah built, you can sit in it and fulfill your mitzvah. Shu”t Avnei Nezer (Orach Chaim Siman 459) disagrees. Rashi explains our Gemara that there is no mitzvah in taking down trees to use for a sukkah but there is a mitzvah in actually constructing a sukkah and putting s’chach down on walls.
Tractate Sukkah begins with the laws of the sukkah. It teaches that a sukkah 20 or more amot tall is pasul, according to the Sages. It then teaches that a sukkah must be at least 10 tefachim tall. It must have three walls. Its s’chach cannot let in more sunlight than shade. Commentators point out that in the Torah, first the verses describe the mitzvah of lulav and only later do the verses teach about sukkah. Why did Tractate Sukkah begin first with the laws of sukkah and not the laws of lulav?
Rav Elyashiv resolves the question based on the Avnei Nezer and Netziv on the She’iltot. There is a mitzvah to build a sukkah but there is no mitzvah to pick an etrog and lulav. Therefore, I will start fulfilling the mitzvah of sukkah prior to the holiday. When I build my sukkah I am already getting some mitzvah. However, I will only fulfill the mitzvah of lulav during the holiday. Since sukkah will be achieved first, its laws are taught first.
In light of the fact that these sources rule there is a mitzvah to build a sukkah but no one says there is a mitzvah to pick an etrog, if a person only has the chance to do one of the two he should choose to build a sukkah. (Chashukei Chemed on Sukkah 2a, Mesivta on our Gemara)
By Rabbi Zev Reichman
Rabbi Zev Reichman teaches Daf Yomi in his shul, East Hill Synagogue.
