Sunday, October 01, 2006

Daf Yomi - Sukkah 30 - Sukkah in a Public Domain

The Magen Avraham in Orach Chaim 637:3 discusses whether it is permitted for one to construct a Sukkah in a public domain without permission. The Magen Avraham writes that such a Sukkah may be deemed a stolen Sukkah and will be invalid. One cannot say that the local population forgo their rights to the land because the entire populace, including gentiles, have a share in the land. The Magen Avraham quotes Rashi on Daf 30 who implies that the only concern of a stolen Sukkah is regarding stealing from a Jew but not when stealing from a gentile. Although one is normally forbidden to steal from a gentile, if one steals from a gentile it is not considered a mitzvah that was brought about through a transgression. The Magen Avraham also quotes the Yerayim who posits the exact opposite approach. The Yerayim maintains that even according to the opinion that maintains that stealing from a gentile is permitted, the stolen object does not belong to the Jew. The Magen Avraham concludes his ruling based on the opinions of the Rashba and the Bais Yosef that one cannot construct a Sukkah in a public domain and if one went and constructed the Sukkah anyway, the Sukkah is invalid and one who recites a blessing in such a Sukkah is reciting the Name of Hashem in vain.

1 comments:

eliezer said...

The Chasam Sofer has a "longish "piece on this Magen Avrohom.