When it Rains on the First Day of Sukkos

 

By Rabbi Yair Hoffman

Well, it doesn’t seem to be such good news for those anticipating  a dry Sukkos tonight.  Why?  Because the National Weather Service has not only stated that non-stop rain is expected to drench the five boroughs along with Long Island and parts of New Jersey, but they even issued a flood watch for the area from 2 a.m. Friday through 6 a.m. Shabbos morning.

GENERALLY EXEMPT WHEN IT RAINS

Generally speaking, we are exempt from eating in the Sukkah when it rains.  However, the first night of Sukkos is different than other nights.  Generally, we have a principle of mitzta’er patur min hasukkah – one who suffers is exempt from the Sukkah.  This is because there is a drasha that we make on the words, “basukkos teishvu shivas yamim – in Sukkahs shall you dwell for seven days.”  The drasha is “dwell” in the same manner as your “dwelling.”  If you would not stay in that room in your home – then you should not do it in the Sukkah either.   Thus, if you are very cold or very hot or if it is raining, or too buggy or stuffy, then this is considered mitzta’er.

THE OPINION THAT THE EXEMPTION DOES NOT APPLY THE FIRST NIGHT

Many, many Rishonim hold that the exemption does not apply on the first day because we have a hekesh – (kind of a Torah based hyperlink) connecting the 15th of Tishrei (Sukkos) to the 15th of Nissan (Pesach).  And since there is no exemption of Mitzta’er on Pesach there is no exemption on Sukkos either.  This also seems to be the indication of the Gemorah in Sukkah 27a.  Who are these Rishonim?  They are:  The Rosh (Brachos 7:23), the HaGaos Ashri (end of second chapter of Sukkah), the Trumas HaDeshen (responsa #95) the Orchos Chaim, the Meiri, the Chochmei Luniel,  the Ran, Tosfos Rabbeinu Peretz, the Maharil, the Ritva, Rabbeinu Manoach, and the Tur.

THE OPINION THAT THE EXEMPTION DOES APPLY ON THE FIRST NIGHT

The Rashba ( Responsa Vol. IV Siman 78) is of the opinion that the exemption also applies on the first night of Sukkos too.  This also appears to be the view of the Raavad (Responsum #199).  The Mechaber does not show a preference for either opinion, but the Ramah rules stringently.  Sefardim have also adopted the position of the Ramah.

PRACTICALLY SPEAKING

Practically speaking, on the first night, we must still eat in the Sukkah when it rains, but we have to kind of stick it out first – to see if it will stop raining.  Why is this the case?  Because we would like to fulfill this Torah Mitzvah in the ideal manner – that is to eat in the Sukkah and make a bracha on the Sukkah.  When it is raining, we do not make a “laishev BaSukkah.”

So what are the various options?

OPTION ONE:

If people are hungry and or tired and it does not look like it will stop raining, one should go into the Sukkah right away, recite kiddush in the Sukkah and not say the Laisheve Basukkah, and eat a kezayis of bread in the Sukkah.  When washing, they should have in mind to continue the meal indoors, and continue it there making sure to eat a kezais of bread indoors as well (See Ramah OC 639:5 and Mishna Brurah on it).

If it stops raining, however, he must go back into the Sukkah, recite a Laishev BaSukkah, and eat a Kebaitzah of bread in the Sukkah.

OPTION TWO

If there is a decent possibility that the rain will subside, then he should wait an hour or two before making the decision, so that he can recite the kiddush with the laishev baSukkah properly.  Then, he should go into the Sukkah after that hour or two, recite kiddush in the Sukkah and if it has stopped raining – say the Laisheve Basukkah and continue eatiing in Sukkah.  But if it has NOT STOPPED raining they should recite the kiddush and not say the laishev baSukkah and eat a kezayis of bread in the Sukkah.  When washing, they should have in mind to continue the meal indoors, and continue it there making sure to eat a kezais of bread indoors as well (See Ramah OC 639:5 and Mishna Brurah on it).

If it stops raining afterwards, he must go back into the Sukkah, recite a Laishev BaSukkah, and eat a Kebaitzah of bread in the Sukkah.

OPTION THREE

Some are of the opinion that he should wait until slightly before halachic midnight – Chatzos – Since Chatzos is 12:45 AM, this time would be about 12:25 AM to give enough time.  Most people do not follow this option because it puts much stress on the family and may even cause a negation of onaig Yom Tov.   The Shaar HaTziun 639:68 writes that even after Chatzos one should still try to eat in the Sukkah because there are Poskim that hold that even after midnight it is considered zman achila – the time of eating in the Sukkah.

The author can be reached at yairhoffman2@gmail.com