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Sukkah Barbeques:  A Halachic Analysis


By Rabbi Yair Hoffman for 5tjt.com

This article discusses gas grills, decks, and Sukkahs.  There are generally two types of gas barbeque grills – propane and natural gas.  Propane comes in a canister and needs to be filled up or exchanged.  Natural gas involves a hookup to a gas line.

Of late, many people have been switching their grilling habits to natural gas, as opposed to propane.  And although natural gas is better for the environment than propane, the real reason that most people are making the switch is because it is kind of a pain in the neck to refill or replace the canister.

At this point, many readers are asking what all this has to do with Sukkos.  The answer is that many people keep their grills on the very same deck that they will be building their Sukkah.  And there is a fascinating and controversial halacha about not keeping a gas grill in the Sukkah.

THE CONTROVERSY

The controversy is either based upon the principle of Taishvu k’ain taduru – we stay in the Sukkah the way we generally live.  Alternatively, it may be based on something else as well –  the Kavod – the honor in which we must treat the Sukkah (which may or may not be subsumed under Taishvu k’ain taduru). The discussion is predicated upon a Gemorah in Sukkah 29a:

Rava said: “mahni mashtia b’mitlalta – mahni michla bar mimitlalta – Drinking vessels such as cups, which are usually clean, [may] remain in the sukkah. Eating vessels may not remain (or are taken out of the sukkah after use.) An earthenware jug and a wicker basket [shaḥil ] that are used for drawing water are taken outside the sukkah. And a lamp remains inside the sukkah, and some say it is taken outside the sukkah. The Gemorah continues to comment: And they do not disagree. Rather, this opinion, [that a lamp remains inside the sukkah], is referring to a large sukkah, [where the lamp and its odor do not disturb those residing in the sukkah]. And that opinion, [that the lamp is taken outside the sukkah], is referring to a small sukkah, [where the lamp’s odor is offensive.]

THE REASONS BEHIND IT – ACCORDING TO THE RISHONIM

Rashi states that “mahni michla” means eating vessels and that they must be taken out immediately after the meal because they are disgusting.  The Raavan (Siman 464),  Rav Avrohom min Hahar, the Talmid of the Ramban, the Rosh, and Rabbeinu Yeruchem all agree with Rashi as does the SMaG who quotes him.  The Bach explains that the reason for Rashi is so that Mitzvos will not be disgusting upon him (shelo tehei mitzvas sukkah b’zuyah alav.)

The BaHaG and Rabbeinu Tam (Sefer HaYashar 367) understand “Mahni michla” to mean cooking vessels and they hold that they should NOT be brought in in the first place.  This is because they have a specific spot outside of the normal living quarters of an individual.  This is also the opinion of the Baal HaMaor.  The reason for all three of these Rishonim is that it is not a fulfillment of Teshvu k’ain taduru.  The fact of the matter is that the vast majority of people do not keep their Weber gas grill in their living room.

THE MISHNA BRURAH’S VIEW

The Mishna Brurah Sif kotton (639:4,5) is stringent in the matter in regard to pots and pans that are left only in the kitchen and never brought into the dining room.  If this is true regarding pots and pans, then certainly it should be true regarding a weber barbeque grill.  Rav Shternbuch (Teshuvos v’Hanhagos Vol. V 199:2) also rules that one must be very careful not to bring any pots or pans and the like into the Sukkah.

It is interesting to note that In regard to dirty dishes, however, it is clear that they may remain in the Sukkah during the meal.  After the

SO WHAT SHOULD THEY DO?

Ideally, one should make every effort to take the grill off the deck.  It can perhaps be reconnected to the gas line below the deck if the connection can be made.  Some people would have to purchase a new hose to make this work.  There may be another option, however.

THE OTHER OPTION

According to the Bikkurei Yaakov (responsa #38), one can possibly cover the Schach above the grill and thus negate that section of the deck as being part of the Sukkah.  This would work through the principle of Dofen Akumah – which either means “bent wall” or “moved wall.”  Essentially, we look at that invalid Schach as part of the wall.  The halachos of it are that if there are less than 4 amos (6 feet) of invalid sechach between the top of the wall and the valid sechach, we have a tradition dating back to Moshe Rabbeinu from Mount Sinai that the invalid schach is an extension of the wall and the sukkah remains kosher.  One may not, of course, use the sukkah under the invalid Schach.

KITCHEN SUKKAHS

Of late, numerous people have been redoing their homes and placing Schach above their kitchen nooks and an electric and manual cover over them so that it does not rain.  The issue of cooking utensils comes to play in this situation as well.  They should make sure that the stoves and ovens are not under the kosher Schach as well.

Have a chag Kosher Sukkah v’same’ach!

The author can be reached at [email protected]



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