By Rabbi Moishe Dovid Lebovits

The subject of whether one should sit in the sukkah on Shemini Atzeres has been the topic of debate and discussion since time immemorial. There are many who have the custom not to sit in the sukkah (mainly chassidim), while there are many others who do. Others have the custom to eat there at night and not by day, or to only make Kiddush in the sukkah by day and then go inside. There are those who sit in the sukkah on Shemini Atzeres, but their in-laws do not. What should they do? When people go to Eretz Yisrael for Sukkos where there is only one day of Yom Tov, should they sit in the sukkah on Shemini Atzeres? We will discuss some of the halachos and opinions related to this sensitive but important and practical area of halachah.

Introduction

The Gemara in Sukkah vacillates between different opinions on the halachos of sitting in the sukkah and reciting a brachah of Leisheiv Basukkah on Shemini Atzeres, when there is a safeik over whether it is included in the Yom Tov of Sukkos. One interpretation is that all opinions agree that no brachah is made, but the argument is over whether one should sit in the sukkah. Another interpretation is that all agree that one should not sit in the sukkah, but the argument is over whether the brachah is made. The Gemara concludes that one should sit in the sukkah without reciting the brachah, because it would seem odd to do so; if it is Shemini Atzeres then it is not Sukkos, and if it is Sukkos it is not Shemini Atzeres. In addition, if one recited the brachah it would look like he was adding to the Yom Tov of Sukkos, which is not allowed because of bal tosif (adding to a mitzvah).

According to all opinions, one does not take arba minim on Shemini Atzeres. They are considered muktzeh, since there is a safeik whether Shemini Atzeres is part of Sukkos. There are those who say that since only the first day of Yom Tov is d’Oraisa and the other days are d’Rabbanan, on Shemini Atzeres we are lenient with it and do not take them. However, sitting in a sukkah can be beneficial for a person even if he is not doing it for a mitzvah (e.g. it is comfortable to sit there), and therefore can be considered oneg Yom Tov. The opinion that one should sit in the sukkah on Shemini Atzeres is quoted by many poskim (in Chutz L’Aretz). Those who eat in the sukkah on Shemini Atzeres should train their children to do the same. In Eretz Yisrael, where there is only one day of Yom Tov for both Shemini Atzeres and Simchas Torah, no one eats in the sukkah.

As mentioned above, since the Gemara and many poskim maintain that sitting in the sukkah is required on Shemini Atzeres (in Chutz L’Aretz), then why do so many not eat in the sukkah?

Different Customs

The Tur quotes a custom of some to eat in the sukkah on Shemini Atzeres but not to sleep there. However, he says the custom is not to do this, and those who sit in the sukkah should sit there by night and by day. There are those who make Kiddush, eat a bit in the sukkah and eat the rest of the meal in the house. Others do not eat in the sukkah at all on Shemini Atzeres (see below).

Although the following poskim disagree, they quote the custom of some who did not sit in the sukkah: Shiltei Giborim, Elyah Rabbah, Darchei Moshe, Beis Yosef, Taz, Magen Avraham, Yosef Ometz, Be’er Heitiv, Noda B’Yehudah, Chachmas Shlomo, and others.

Those Who Did Not Eat in the Sukkah on Shemini Atzeres

Although there are many poskim who say one should eat in the sukkah on Shemini Atzeres, there are Rishonim who say it is not required and was not done.

Rashi says that in his times there were many gedolim (such as Rabbeinu Eliezer and Rabbeinu Shmuel) who did not eat in the sukkah on Shemini Atzeres at night. In the thirteenth to fourteenth century, it is written that some did not sit in the sukkah. The reason for the leniency was based on the Yerushalmi (see below). Rabbeinu Chananel says the custom is to sit the entire day in the sukkah. The fact that he said “entire” indicates that there were those who did not sit the entire day in the sukkah in his days. The Maharam Igra ate in his house at night and in the sukkah during the day. The Maharil went to visit Harav Meir M’Igra who ate in his house, and he did not object to it. The Lombardi family (in Italy) did not eat in the sukkah. The custom of the Baal Shem Tov was not to eat in the sukkah on Shemini Atzeres.

He practiced the custom of Eretz Yisrael because he lived with the kedushah of Eretz Yisrael. The Yosef Ometz says the Taryash family (about the sixteenth century) ate outside the sukkah, and they have upon whom to rely.

Some explain that there are those who ate inside at night because it was cold at night and the sukkah was not pleasant (see below). They ate in the house because if they ate in the sukkah it would appear as if they were doing it for the mitzvah and not for oneg.

One can see from the above sources that the custom of many to refrain from eating in the sukkah on Shemini Atzeres did not begin with chassidim; rather, it started much earlier.

Those Who Ate in the Sukkah

Rashi ate in the sukkah during the day and night of Shemini Atzeres. Rashi’s rebbi Rabbeinu Yitzchak also sat in the sukkah. The Maharil ate in the sukkah during both night and day. The Gra ate in the sukkah on Shemini Atzeres. The Chasam Sofer zt”l ate in the sukkah. Harav Yosef Ber Soloveitchik zt”l opined strongly that one must sit in the sukkah.

The Yerushalmi

As mentioned above, some gedolim did not eat in the sukkah based on the Yerushalmi that says: Sukkah on the seventh day, how? …you need to make your sukkah pasul from midday and make Kiddush in your home. Rav Chanina says one whose sukkah is pleasant should make Kiddush on the night (see below) of the last days of Sukkos in his house and eat in the sukkah. If he wants to eat in the sukkah he still has to make Kiddush in his house, because when he says “Shemini Atzeres” in Kiddush, if he is still in the sukkah it is a contradiction. It is apparent from the Yerushalmi that if the sukkah is not pleasant (e.g. if it is cold or windy) then one does not have to sit in it on Shemini Atzeres.

Some explain that the Yerushalmi is referring to Eretz Yisrael, where there is only one day of Yom Tov, and even if one enjoys being in the sukkah he makes Kiddush in the house. However, others say the Yerushalmi said nights, which indicates that even in Chutz L’Aretz, where there are two days of Yom Tov, one should make Kiddush in his house.

A Chiddush

There is a chiddush on the reason why people do not eat in the sukkah on Shemini Atzeres: As mentioned above, there are two interpretations of the halachah regarding sitting in the sukkah on Shemini Atzeres, and the Gemara says the final halachah. However, Rav Yehudah ben Kalonimus says that the line in the Gemara that “the halachah is to sit but not [recite] a brachah” is not part of the original Gemara and was added in later. Generally, if there are two interpretations of a Gemara we follow the second. In this case, the second interpretation is that all agree not to sit in the sukkah but the argument is over whether a brachah is recited. Accordingly, he says we should not sit in the sukkah on Shemini Atzeres. He further questions, how we can sit in the sukkah after we ask for rain? Additionally, how can we say in Kiddush that it is Shemini Atzeres and then sit in the sukkah?

According to this, why does anyone sit in the sukkah? He says that since Chazal said there have to be two days of Yom Tov in Chutz L’Aretz, if we do not sit in the sukkah on any of those days then they are definitely not Sukkos, and there is a concern of making Yom Tov disgraceful.

Other Reasons for the Lenient Custom

One should not think that those who do not eat in the sukkah on Shemini Atzeres are doing something against halachah, as there are reasons for their practice. Many great people have eaten outside the sukkah on Shemini Atzeres.

The Aruch Hashulchan offers the following reason why many are lenient with sitting and eating in the sukkah on Shemini Atzeres: