Eating in a sukka at the pizza store

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  • #604986
    welldressed007
    Participant

    Some people have said that if the pizza store makes the sukka on the sidewalk with no ???? from the city it is not legal al pi ???? to eat there. Any thoughts

    #897739
    shein
    Member

    They are incorrect.

    #897740
    Sam2
    Participant

    Shein: Why? I’d have to review everything, but we hold that a Sukkah G’zulah is Passul. And since we hold Karkah Einah Nigzeles, that probably means that it’s Passul if you build a Sukkah somewhere that you don’t have permission to. What’s incorrect about what I just wrote?

    #897741
    welldressed007
    Participant

    Sam, The Halacha supports you with one exception if the person eating does not have their own sukka yaish al mi lismoch. however at first glance one should be nizzur involving this inyan.

    #897742
    shein
    Member

    The “probably”.

    #897743
    popa_bar_abba
    Participant

    sam: is the land part of the sukka?

    #897744
    zahavasdad
    Participant

    You are not allowed to put tables on the sidewalk without a permit. Some places have a succah in the back on their own private property, I dont think you need a permit for that.

    And for those who think the permit is silly, what if a wind comes and blows down the succah on the sidewalk and someone gets hurt or property gets damaged. I know of a case where the succah blew down and damaged someones car so its not so far fetched

    #897745
    Sam2
    Participant

    PBA: Yes, Rav Schachter proves from the Mishnayos about a Sukkah in an Aliyah that as a prerequisite for having a Sukkah you need 4 walls and a floor. (It was in his Shiur online on Inyanei Sukkah from last week, if you want to go back and listen to it.)

    Shein: Fine, I apologize for faking humility on Motza’ei Yom Kippur and not using a more definitive statement and said “probably”. I’m sure of it. When I’m not sure I say so. I think I’ve been posting here long enough for you to realize that. When I say “probably” it means I’m sure I’m right. I’m sorry for using a Lashon that confused you.

    #897746
    Mammele
    Participant

    Wouldn’t the question be if the sidewalk actually belongs to the city or to the public? Is the public the same as the city?

    Owners are required to shovel snow and clean up the sidewalk in front of their property, so it may be a bit ambiguous. Just asking, not sure either way.

    #897747
    sof davar
    Member

    The Ramah in 637:3 seems to say that it is kosher b’dieved. However the Mishna Brura brings the Magen Avraham who says not to make a bracha on the sukkah. The Mishna Brura himself says that if you have no other sukkah you can make a bracha.

    There may be another potential problem. if the sukkah is located in a public enough place that you would be afraid/unable to sleep there, the Ramah seems to say that you cannot use the sukkah at all. 640:4

    Please do not rely on anything I have written as halacha l’ma’aseh.

    #897748
    HaLeiVi
    Participant

    The floor is there to allow the Mechitzos. Gedi’im Bok’im ruins the Mechitza.

    Aggadaicly, the floor fits right in, since the Succah is a Zecher to the Ananei Hakavod which were on six sides.

    Over here the issue is more than using a stolen floor (which can’t be an issue because of Dal Ashteros Karnaim). The issue is the spot, which means the whole Chalal Hasuccah. On the other hand, being illegal to do something probably doesn’t translate into Gazul.

    #897749
    yaff80
    Participant

    is eating in a pizza succa called ???? ???? ??????

    (this discussion may be conncted to making ??????, cause according to some you are not ???? ????? when on the move)

    #897750
    Shuychus
    Member

    en hochi nami the place may be of question but if someone asked me that that is what he did its zichur kosher ultz hilcos sukka

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