In many parks where it is common for people to visit on Chol HaMo’ed, special succah’s are set up so that people can eat and drink whilst on their trips. Although this is very common in Eretz Yisroel, I have heard that this is done in England as well. (A particular park that I was asked about is Heaton Park, in Manchester) The question is, if such a succah is kosher, or does the fact that people are scared and would never sleep in such a succah, invalidate the succah?
The Rema (Orach Chaim 640:4) quoting the Mordechai writes: “If one made a succah in a place where its uncomfortable to eat, drink, or sleep in, even if one can’t do just one of these things because he is afraid of burglars or bandits when in the succah – he can’t fulfil the mitzvah of succah with such a succah, even if it is something he isn’t scared to do (i.e. if he is scared to sleep but not eat, he can’t fulfil the mitzvah of eating in the succah) as it is not considered a dira [place of living] that one can do all his needs in.”
Based on this Rema, since people are scared to sleep in the park it would seem that such a succah is disqualified, and there is no point in building such a succah.
This question is also common for succah’s that are put up my restaurants and shuls, where although people are happy to eat in them, people wouldn’t sleep in them due to lack of tznius [privacy].
Another situation which is very common in Eretz Yisroel, is that people build big succah’s on the street to eat their meals in, however, when it comes to sleeping, they sleep in a small succah that comes off their apartment, as they want privacy.
The question in all these cases is, surely such succah’s are no good, as one isn’t prepared to sleep in the succah, and the Rema says that if a succah isn’t suitable for eating, drinking and sleeping (all three), it’s no good. Is there anything to rely on in all these cases?
Three Reasons to be Lenient
Considering all of the above common scenarios, R’ Yom Tov Sanger shlita suggests three things which one may join together to rely on:
1) The Shu”t Zera Emes (1:91) writes: If there are people who aren’t scared and uncomfortable sleeping in such a succah, even if they are not the majority of people, the succah is still considered a succah suitable for sleeping in, and one can eat in it as well (even if he is the type of person who is to scared and uncomfortable to sleep there). Therefore, in all of the above cases, since there are people who would sleep in such places, it’s still considered a kosher succah.
2) The Mishnah Berurah (s.k. 20) mentions opinions that argue on the stringency of the Rema (in the name of the Mordechai). Although the Sha’ar HaTziyon (s.k. 25) writes, that one should be very careful as many Achronim rule like the Rema, if one has no other succah he may be lenient. The Bikuray Ya’akov (s.k. 10) also rules that one may recite the berachah of “leisheiv ba’succah” when eating in such a succah – even though he is unable to sleep there. According to the Bikuray Ya’akov, if one has another succah for sleeping in, the succah one uses for eating in doesn’t need to be fit for sleeping in.
3) The Mishnah Berurah (s.k 20) quotes the Chacham Tzvi (94) who argues on the Mordechai, and allows one to eat in a succah unfit for sleeping in. The Biur Halachah (d.h. demisyorai) joins the opinion of the Chacham Tzvi with the Yad Ephraim who allows one to make a succah unfit for sleeping in, if anyhow he wouldn’t be able to sleep there due to the cold. Therefore, in our cases as well, perhaps we can add this opinion as well.
However, it’s not so easy to add the above three things together, as on each reason there are many who argue.
What About Hotel Succah’s
I saw a similar shailah that was asked to R’ Chaim Kanievsky. R’ Chaim was asked about hotels that host many chareidim for Succos, where strictly speaking it’s possible to sleep in the succah (a big public succah, as in the rooms there are no sucah’s) however, people are embarrassed to sleep in such a place. Since people are embarrassed to sleep there, according to the Rema the succah should be pasul, as a succah unfit for sleeping in is pasul for eating in as well? At least for those who are embarrassed?
R' Chaim answered: “Perhaps it’s a problem”, however, he added “that this would be a big stringency for all those Yidden who come from Chutz La’aretz to Eretz Yisroel for Succos.” Then he said: “they shouldn’t get embarrassed”.
Conclusion
Although the Rema maintains that a succah unfit for sleeping in, is unfit for eating in as well, there is certainly what to rely on, and if there is no better option, it would seem that it’s ok to eat in such a succah.
