In recent times it has become very common to use bamboo mats for sechach on Succos. The advantage of these mats is that they are easy and convenient to use and store. However, the great disadvantage is that they are very light and get easily blown away the wind. Every year there are stories of people's bamboo mats getting blown off their succos. Even if the bamboo mats get blown up and down and don't blow off the succah, perhaps there is problems of תעשה ולא מן העשוי1 and סבך שלא הונח לשם צל2, since the sechach is no longer put in place by a person, but rather, it is now in its place because of the wind.
The common solution for this is to tie down the sechach mats with cable ties or string. There are two ways to do this, 1) To tie the sechach directly to the beam of wood that the sechach is leaning on with string or with a cable tie. 2) To make a sort of sandwich and to place two beams of wood, one under the sechach and one on top of the sechach, and to tie the two beams of wood with string or a cable tie. Below we will try and determine if both of these solutions are okay, if neither of them are okay, or if perhaps option 2 is better than option 1.
Below we will focus on three main points:
1) If there is any problem with tying down the sechach and making it very strong, even with using string made of natural materials like flax. Is there a din that the sechach must be lose, and not fixed and strong like the roof of a house?
2) Lechatchilah [ideally] one shouldn't support the sechach (this is known as ma'amad) with a material which isn't kosher for sechach. If so, perhaps cable ties which don't grow from the ground are pasul for sechach. We will also discuss if cable ties are makabel tumah [a material which is able to become tomei].
1 One must make the sechach, it can't just be something that is made by itself, i.e. if one hollows out a haystack and then it has sechach on top, it is no good, one must place the sechach with the intention of it being sechach.
2 The sechach must be put in place with intention that it should be sechach, and not with another intention in mind.
3) The halachah is that a succah must be able to stand in a רוח מצויה – common wind. If it is not able to, the succah is pasul. According to this, if a bamboo mat is used for sechach and it is likely to blow off, then even if it hasn't yet blown off the succah may still be pasul.
If the succah is on the balcony of a high up building where it gets very windy, do we go after the place, and say that since high up it is very windy the succah must be made stronger, or can we say that if the succah would be on the ground floor it would stand, therefore, high up it is also okay?
Tying Down Sechach With String
It is clear from Tosfos (Succah 2a, d.h. ki) that one shouldn't cover his succah with beams of wood even if they are less than four tefochim wide, if they are fixed in with nails in a manner which stops any rain entering the succah, as such a dwelling is considered a diras keva [fixed dwelling], and the halachah is that only the succah walls are allowed to be keva [fixed], however, the sechach which is the main part of the succah can't be fixed, and a succah is only kosher if the sechach is temporary (arai).
The simple understanding of Tosfos is like R' Shlomah Kluger (Shu”t HaEleph Lecha Shlomah, Orach Chaim 366) that the pasul is when we have the two conditions together, that rain doesn't enter and that the beams are fixed, when there are these two conditions together then the succah is pasul.
However, from the simple reading of the Magen Avraham (627:2) in the name of the Agudah, cited in Shaʼar HaTziyun (633:6), it seems that the fact that the beams are fixed in place, regardless of whether they let the rain in or not, is a problem.
Poskim that Allow Tying Down the Sechach
The Shu”t Shevet HaLevi (10:93) was asked by Rav Matisyahu Deutsch if it is permissible to tie down the sechach. The Shevet HaLevi answered: Certainly, according to the opinion of R' Shlomah Kluger one may tie down the sechach as rain is still able to enter the succah, however, even according to the Magen Avraham it would also be allowed. The Magen Avraham is worried about nailing down and fixing in place beams that one would use when building the roof of a house, as when doing such a thing the succah roof starts looking like the roof of a house, however, when it comes to tying down a sechach mat, it's not normal to use them when building a house as they are a temporary covering. Additionally, the mats are being tied down with string and not with nails, and the sechach is able to move slightly, therefore, there is no problem of it looking like the roof of a house.
Moreover, the Terumas HaDeshen (siman 91) (cited in the Beis Yosef, Bach and Magen Avraham) is lenient even with beams, and learns that the problem is only when nailing them down with nails, as then one is being ma'amad the sechach with something which is mekabel tumah, however, if one would tie down the beams with string which isn't mekabel tumah it would be okay.
R' Nissim Karelitz (Piskei Shemu’as, Succos pg. 34) also held that one may tie down sechach using string which would be kosher for sechach (string made from something that grows from the ground), and it is not a problem that the sechach is fixed and looks like a roof, as it is not normal to build a house by tying down the roof with string.
[The Mishnah Berurah (629:26) writes in the sugya of maʼamad, that one shouldn't tie down sechach with something pasul for sechach, which implies that if one would tie down the sechach with something which isn't mekabel tumah it would be okay.]
Tying Down Sechach with Rope
R' Elyashiv (cited in Ashrei HaIsh, Vol. 3, Perek 25, ois 30) writes: One shouldn't tie down the sechach with rope, as then the sechach is considered too much keva [fixed], rather, one should tie it loosely, or with a bow, or simply wrap the string around without tying a knot in at the end.
On the other hand, they bring from R' Elyashiv (Piskei Shamu’os, Succos, pg. 34) that one is allowed to tie down sechach poles (קנים) as doing so is not considered fixed, however, one shouldn't tie down beams, as then the sechach is too keva and it disqualifies the succah.
Poskim that Forbid Tying Down the Sechach
R' Yisrael Yaakov Fisher (Shu”t Even Yisrael, Vol. 8, siman 44) in a long Teshuvah discussing bamboo mats, writes that one shouldn't tie them down to stop them blowing off in the wind. He writes that sechach needs to be able to move, and one should be worried for the opinion of the Magen Avraham who quotes the Agudah who quotes Tosfos (Succah 2a) that sechach needs to be able to move and can't be kovua [fixed], as the main part of the succah is the sechach, and a succah is not kosher, unless the sechach is temporary.
R' Matisyahu Deutsch (Shu”t Nesivos Adam, Orach Chaim, siman 16) discuses at length the opinion of R' Yisrael Yaakov Fisher and he concludes that there is nothing wrong with tying down sechach. He writes that on the contrary, if one uses light weight sechach that can't stand in a normal wind, one is obligated to tie down the sechach. He writes that if one doesn't tie down the sechach, there is a concern that the succah is pasul on a de’Oʼaisa level, even if at present the sechach is resting nicely on the succah. He brings that R' Shmuel HaLevi Wosner agreed to him.
Being Ma'amid [Supporting] the Sechach With Something Which is Mekabel Tumah
The Shulchan Aruch (629:7) writes: “There is room for doubt regarding whether one is allowed to place a ladder on top of a succah in order to place sechach on top of it.” The Rema writes: “Therefore, one shouldn't do it.” The Rema adds: “One shouldn't even place such a ladder on top of the sechach in order to strengthen it”
The Mishnah Berurah (s.k. 22) brings two ways to understand the doubt of the Shulchan Aruch. In his second approach he explains in the name of Achronim, (seemingly he means the Chayei Adam (Klal 146, sif 3)) that since the ladder is being ma'amid the sechach, perhaps we should be stringent and say that one can't be maʼamid sechach with something that is mekabel tumah as one may come to use such an item for the sechach itself. Although we find that one is allowed to be maʼamid sechach on a stone wall (which is pasul for sechach) it's not normal to make sechach from such a thing, therefore, we aren't worried that one will get mixed up and use it for sechach.
The Mishnah Berurah concludes in the name of the Magen Avraham, Shulchan Aruch HaRav, Derech Chaim, Chayei Adam and Bigdei Yesha, that ideally one shouldn't be maʼamid the sechach with something that is mekabel tumah, however, bedieved, or if one has nothing else, then he may be maʼamid the sechach even with something that is mekabel tumah, as is clear from the end of siman 630.
What Is Included in the Issue of Being Ma'amid With Something Which Is Mekabel Tumah?
From the words of the Rema, we see that the din of maʼamid, is whether the item is under the sechach, or on top of the sechach, and it would be a problem of maʼamid to place metal poles on top of the sechach to stop it blowing in the wind. It is also clear from the Mishnah Berurah (626:26) and Chayei Adam (Klal 146:30) that lechatchilah one should be careful not to tie sechach to poles using rope, as one is tying the sechach with something which is mekabel tumah. We see that tying the sechach with something which is mekabel tumah is also a problem. It's also clear from the Mishnah Berurah (s.k. 24) that a ladder on top of sechach is a problem of maʼamid.
Based on the above, R' Nissim Karelitz (Chut Shoni, Succah pg. 210) and R' Ben Tzion Aba Shaul (Ohr LeTzion, Vol. 4, Perek 24, Shailah 9) both say that one shouldn't tie down sechach with something which is pasul on a de’O'raisa level to be used as sechach (cable tie, ropes, and nylon string), as it is a problem of maʼamid, which lechatchilah one should be stringent for.
According to R' Yitzchak Mordechai HaKohen Rubin shlita (Droshas Shabbos Shuva, 5773) it is forbidden to tie down sechach with any material which is pasul for sechach, such as iron thread, plastic, cable ties etc. and the correct thing to use when tying down sechach is palm leaves, or special string made from natural material such as flax which is kosher for sechach.
R' Avraham Chaim Ades (Beʼer Chaim, Inyonim Hanogeim Lemaʼaseh B’Succah siman 3) when listing which items are kosher to be used as supports (ma'amid) for the sechach, writes that one shouldn't use cable ties, as they are made from a material which doesn't grow from the ground, and is pasul on a de’O'raisa level to be used as sechach.
R' Simcha Rabinovitz (Piskei Teshuvos, 629:11) also writes, not to tie down sechach with strings that are mekabel tumah, or synthetic materials that don't grow from the ground.
Regarding whether cable ties are mekabel tumah or not, some want to say that it's the same machlokes regarding whether nylon is mekabel tumah, see Igros Moshe (Yoreh Deah, 3:53) and Minchas Shlomah (Tinyona 77).
Some Practical Solutions
If a person lives high up where it is very common for it be windy and for the sechach to blow a lot, what can be done to ensure that the sechach doesn't blow off, without running into the issues we outlined above?
i) Weights
The Shu't Even Yisrael (8:44) suggests that one should tie a beam on the side of the sechach mat (one on each side) and put the beams over the side of the succah, and this will make the mat heavy and cause it not to blow off in the wind.
ii) Wooden Frame
The Shu”t Ohr LeTzion (Vol. 4, Perek 24, Shailah 9) writes that if one is worried that his sechach will blow off in a regular wind, he can make a wooden frame and rest it on top of the sechach and it should stop it blowing off.
iii) High Walls
The Shalmay Todah (Succah pg. 338) brings another solution which is that one can make high walls, and this will stop the wind getting to the sechach. He writes that one can even use metal walls which are pasul for sechach for this purpose, and it isn't a problem of being ma'amid the sechach with something pasul for sechach.
He cites proof for this idea from Hilchos Shabbos. The Shulchan Aruch (Orach Chaim 277:2) writes, that one is allowed to close a door on Shabbos in front of a burning candle, and it's not a problem of extinguishing. The Mishnah Berurah (s.k. 11) explains that the wind keeps the candle burning, and by closing the door and stopping the wind, one isn't extinguishing the candle, he is simply stopping the wind, which indirectly causes the candle to go out. We see that for Hilchos Shabbos, stopping the wind blow isn't considered a direct act, therefore, by Hilchos Succah as well, stopping the wind blow is not considered maʼamid.
iv) Sandwiching the Sechach Mat Between Two Beams (Maʼamid Demaʼamid)
It's clear from the Shulchan Aruch (629:8) that it is permissible to connect the poles of the succah together with iron nails or with worn out clothes that are mekabel tumah. The Mishnah Berurah (s.k. 26) explains: It is permissible according to all opinions, even those who are stringent not to be maʼamid the sechach on something which is mekabel tumah, since this is considered maʼamid demaʼamid [a support of a support]. Therefore, one shouldn't tie the sechach itself with ropes, however, it is permissible to tie the poles, even those that support the sechach with something that is mekabel tumah. It's also clear from the Mishnah Berurah (628:17) that maʼamid dema'amid by a tree is lechatchilah.
However, the Chazon Ish (Orach Chaim 143:2) argues and says there is no difference between maʼamid and maʼamid demaʼamid, and we should be stringent lechatchilah not to use even a maʼamid demaʼamid which is made from something that is mekabel tumah.
The poskim which we mentioned above, that say not to tie the sechach with cable ties are discussing tying the sechach directly with the cable ties, if, however, one would put a beam of wood on top of the sechach and another one below (like a sandwich), and tie the beams with a cable tie, there is room to question if this would be maʼamid demaʼamid, which according to the Magen Avraham, Gra, and Mishnah Berurah would be okay, and only the Chazon Ish would be stringent. Or if perhaps, this would still be considered maʼamid, since practically the sechach is being supported by the cable tie, and what difference does it make that there is a beam of wood in between.
The gilyon Oimek HaPeshat (gilyon 282) quotes echad migedolei hora'ah [one of the leading poskim] that in pressing circumstances such as a succah on a high floor where there are strong winds and the sechach needs to be tied, one may tie the sechach with cable ties if one sandwiches the sechach between two beams and uses the cable tie to tie the beams. The reason it should only done in pressing circumstances is because it's not clear that this is maʼamid demaʼamid, since in the end of the day the cable ties are supporting the sechach, just there is a beam in the way.
The gilyon Oimek HaPeshat (gilyon 282) then quotes echad michachmei horaʼah [one of the wise poskim] that tying the sechach with cable ties in this sandwich like manner is even lechatchilah.
The aforementioned gilyon then quotes the opinion of R' Yechezkel Elimelech Cohen shlita, that if one wants to use this solution, one must make sure to tie the cable tie loosely. He writes, in regards to maʼamid there is no problem as this is considered maʼamad demaʼamid, however, according to the Even Yisrael it is forbidden to tie down the sechach, and even if we take on like the Shevet HaLevi that one is allowed to tie down the sechach, since cable ties are an alternative to nails which tie things down very strongly, we should be worried that this is included in that which the Mishnah Berurah writes, not to use nails, therefore, one should make sure to tie the beams loosely.
V) Placing Stones on Top of the Sechach
The Shu”t Shevet HaLevi (9:137) writes that if the succah is kosher, and one places something which is mekabel tumah to stop the succah blowing away in an abnormal wind, it is logical that this is not included in the gezeirah of maʼamid, therefore, it is okay to place stones on top of the succah, to prevent it from becoming pasul and we aren't worried that one will think that stones can be used as sechach.
The Shevet HaLevi adds, that according to the Ran, when it comes to stones everyone knows that they are pasul for sechach, therefore, there is no gezeirah of maʼamid by them.
What If the Sechach Is Able to Stay Strong in A Normal Wind?
If the sechach is strong enough to remain steady in a normal wind and one ties it down just because he is worried that it may blow away in an abnormal wind, the Shu”t Betzel HaChochmah (5:44), and the Shulchan HaLevi (Vol. 1, Perek 13, ois 3) in the name of R' Moshe Feinstein both say that the succah is kosher even if the sechach is tied with something which is mekabel tumah.
The Shu”t Betzel HaChochmah adds, however, that when there is a heavy wind/ storm when the succah only remains standing because of the item which is mekabel tumah, one should be concerned that the succah may be pasul, and he shouldn't make a berachah on sitting in the succah. However, once the strong wind passes, the succah returns to its kosher status and there is no problem of תעשה ולא מן העשוי, since it was originally kosher.
The Chut Shoni (Succah, end of Perek 5); Shu”t Ohr LeTzion (Vol. 4, Perek 24, Shailah 9); Shu”t Shevet HaKehosi (5:110); Succah K’Hilchasah (Perek 5, sif 5) and R' Wosner (MiBeis Levi, Moʼadim, Perek 16, sif 7) all agree that if the sechach can stand in a normal wind, and one strengthens it with something which is mekabel tumah so that it doesn't blow away in an abnormal wind, there is no problem, as the item which is mekabel tumah is not supporting the sechach, as in a normal wind it would remain standing anyway.
What is Considered a Normal Wind?
The Chut Shoni (Succah, pg. 207) is in doubt if one lives on a high floor, and there is a strong wind, if we judge “ruʼach metzuyah” [common wind] based on the high floor, and if one is on a mountain or high floor the succah needs to be stronger, or if we look at the ground floor of such a place. He writes further: That it is logical that we don't judge “ruʼach metzuyah” according to each day, rather, we judge it based on what is considered normal during that particular season.
The Shalmay Today (Succah pg. 338) proves from the fact that the Shulchan Aruch (628:2) rules “that if one builds a succah on top of a ship, and it could stand in a normal wind on the dry land, then even if it can't stand in a regular wind out at sea it is kosher." That it may well be, that if one builds a succah on a high floor, and it can't stand in a regular wind of a high up floor, however, it could stand on a lower floor, then such a succah may be kosher. (However, there are many poskim who argue on this, including R' Shlomah Zalman Auerbach and R' Elyashiv.)