27 Sep SITTING IN THE SUKKAH ON SHEMINI ATZERES

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
customto 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 onShemini 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:
If one would sit in the sukkah on Shemini
Atzeres in a way that appears to be for the
mitzvah of sitting in the sukkah, it would not
be allowed. However, sitting in the sukkah if
it is not for the mitzvah is permitted. In places
where it is pleasant outside, one must sit in
the sukkah on Shemini Atzeres just as he did
the entire Yom Tov. (Since it is hot, it can be
argued that it is not recognizable one is doing
it for the mitzvah and therefore it is not a
problem to do so on Shemini Atzeres as well).
However, in cold countries, if we were to
exempt ourselves from sitting in the sukkah
because of the weather, an entire Yom Tov
could pass without sitting in the sukkah.

Therefore, we have to
sit in the sukkah and
sleep there even if it
is cold. On Shemini
Atzeres, according
to the strict halachah,
one must sit in the
sukkah in a way that
it does not appear that
he is doing it for the
mitzvah of sitting in the
sukkah. This is not possible if it is very cold,
since in that case one would only sit in the
sukkah for a mitzvah. Therefore, there needs
to be a heker so that it does not look like it
is being done for the mitzvah. If one sleeps
in the sukkah all Sukkos, he should not sleep
there on Shemini Atzeres. One who does
not sleep in the sukkah on Sukkos needs a
different heker. Either he should not eat there
at night, or he should eat there during the day
only a bit and rest inside afterward. A heker
would be to eat in the sukkah by day and
leave right away, to show he is not doing it
for a mitzvah.
The Yerushalmi appears to say that one
should not sit in the sukkah on the eighth
day of Sukkos. However, some say that the
Yerushalmi is not arguing with the Gemara
in Sukkah above, but it is talking about Eretz
Yisrael and not Chutz L’Aretz, where there is
an additional day because of a safeik.
At night, some do not eat in the sukkah because
one says Shehecheyanu on Shemini Atzeres
at night, and if you are eating in the sukkah
it is a contradiction to the Shehecheyanu that
it is a new Yom Tov. They are of the opinion
that the Gemara that said to sit in the sukkah
was referring to during the day, when no
Shehecheyanu is recited. Some do not sit in
the sukkah by day either, since we ask for rain
on Shemini Atzeres, and if we still sit in the
sukkah then we will not want rain yet and the
tefillah will not be sincere (see below).
Others say a reason to be lenient and not sit
in the sukkah is because on Shemini Atzeres
night one comes home late from shul and
is very tired, and it is a bother to take the
food etc. to the sukkah. If one does it, he is
clearly only doing it because of the mitzvah
of sukkah and not because it is pleasant, and it
may be a concern of bal tosif.[ Therefore, the
custom of many is not to sit in the sukkah on
Shemini Atzeres night.
The Sfas Emes explains that when the
Gemara says one should sit in the sukkah but
no brachah is made, it was not saying one is
obligated to sit in the sukkah, but rather that
one is allowed to do so.
Some mention if it is cold outside one should
not sit in the sukkah on Shemini Atzeres, but
in areas of Chutz L’Aretz that are warm, one
may not use this heter (see below). Others
also point out that the Gemara that says one
should sit in the sukkah was only referring to

warm climates.[ The Likutei Maharich says
that because of this reasoning many people
do not sit in the sukkah on Shemini Atzeres,
especially at night when it is cold and the
sukkah is not pleasant to sit in. If one has the
sukkah in his house (i.e. his roof opens) he
has no heter not to eat there, even on Shemini
Atzeres.
Harav Yosef Ber Soloveitchik zt”l says the
custom not to eat in the sukkah is incorrect
and originated when the chassidishe rebbes
would invite all their chassidim over to eat
and hear divrei Torah, but the sukkah was
not big enough. Since it would pain them not
to hear their rebbe, they all ate outside the
sukkah. Eventually, they forgot the reason
why they did so (namely, that there was no
room) and they accepted not to eat in the
sukkah as a custom of chassidim. This reason
is quoted by the Maharshag, the Moadim
V’zmanim and others.
Sitting vs. Sleeping
Those who hold one should sit in the sukkah
on Shemini Atzeres may eat there but should
not sleep there, because when one eats in the
sukkah he is making a heker that it is not
Yom Tov since he is not making a brachah,
but there is no heker when one sleeps there.
However, others say that one may sleep in
the sukkah on Shemini Atzeres as well. The
custom follows the latter opinion and one
may sleep in the sukkah on Shemini Atzeres.
The Gra was so stringent with sleeping in the
sukkah on Shemini Atzeres that even though
if it is cold on other nights of Sukkos one does
not have to sleep in the sukkah, on Shemini
Atzeres he told his students to wear coats etc.
and still sleep in the sukkah even if it was
cold. The Chasam Sofer slept in the sukkah
on Shemini Atzeres.
Eating in the Sukkah on Shemini Atzeres
Those who eat in the sukkah on Shemini
Atzeres should not linger there, but should eat
and leave quickly. There are those who say
that on Shemini Atzeres, one should not eat
foods in the sukkah that would not require a
Leisheiv Basukkah on Sukkos, but the custom
is that one may eat those foods in the sukkah
on Shemini Atzeres. In addition, those who
eat in the sukkah on Shemini Atzeres should
not eat there until it is dark (i.e. they should
not daven Ma’ariv early and eat before
nightfall), or else it may still be Sukkos
and they would have to recite a brachah of
Leisheiv Basukkah.
Sukkah for Daytime Kiddush
Many have the custom not to eat in the
sukkah at night on Shemini Atzeres, but to
make Kiddush in the sukkah by day, eat some
Mezonos, and then go inside for the meal.
Some explain that the whole meal is not eaten
there because we daven for rain on Shemini
Atzeres and one wants his tefillah to be
answered (and he will not eat in the sukkah if

it’s raining). Another reason
is to show that we are not
doing it for the mitzvah, since
we are eating the main meal
inside. In addition, if one
would eat the whole meal in
the sukkah in a cold climate,
it would seem he was doing it
for the mitzvah. This was the
custom of the Munkatchers,
as well as that of Rav Tzvi
Elimelech of Dinov and
others.
Hot Climates
As mentioned above, according to some
poskim, if it is cold outside one does not
have to eat in the sukkah on Shemini Atzeres.
Therefore, one may think the halachah may
be different in a hot place. However, this is
not so. Even if one is in a place where it is
warm outside, one who has the custom not
to sit in the sukkah on Shemini Atzeres can
follow his custom, especially in places where
it is hot and uncomfortable to sit outside. The
customs date back hundreds of years, and
one may follow his custom irrelevant of the
specific climate where he is residing at that
time.
Lights Out
If one forgot to set the lights in the sukkah to
go on, Harav Yaakov Kamenetsky zt”l says
that he should sit in the house, because if he
sits in the dark it is recognizable that he is
doing it for a mitzvah. Others say one should
ask a non-Jew to turn on the lights.
Sukkos in Eretz Yisrael
It is very common for people from Chutz
L’Aretz to go to Eretz Yisrael for Sukkos, and
they are required to keep two days of Yom Tov.
Are they allowed to sit in the sukkah there on
Shemini Atzeres, even though nobody there
sits in the sukkah on that day?
The poskim discuss this question. Some
say if one is going to a hotel or house that
he owns/rents where there will be a sukkah
available, then he should eat in the sukkah if
that is what he does in America. If he does not
eat in the sukkah at home then he should not
do so in Eretz Yisrael. Some argue that one
should not sit in the sukkah. Others say if the
sukkah is in a public place one should not sit
there, because it may be a disgrace to those
in Eretz Yisrael who do not sit in the sukkah.
Still others maintain that one should eat in the
house or hotel at night, and during the day he
should eat in the sukkah.
However, if one goes to visit someone who
lives in Eretz Yisrael, he should eat with him
in the house. The reason for this is that it
is a bother to ask hosts to set up tables etc.
in the sukkah if they do not eat there. Also,
many people do not eat in the sukkah at all on
Shemini Atzeres in Chutz L’Aretz, so there are
reliable opinions to do so. In addition, there

are poskim who say if one will end up sitting
alone in the sukkah then this is considered
painful, and one who is in pain does not have
to eat in the sukkah.
Sometimes parents take their (married)
children to Eretz Yisrael for Sukkos and the
sons-in-law may have the custom to sit in the
sukkah; they should continue to do so even if
the in-laws do not and they should go inside
for zemiros.
Eretz Yisrael Jew in Chutz L’Aretz
If one who lives in Eretz Yisrael comes to
Chutz L’Aretz and is staying with someone
who sits in the sukkah, he should sit in the
sukkah as well. He should sleep in the house
to show that it is definitely not Sukkos for him,
but this should be done privately. However, if
the person is alone in the house, he should eat
in the house.
One Who Does Not Have a Custom
If one does not have a specific custom, he
should sit in the sukkah on Shemini Atzeres.
[92] Some poskim say that even if his father
has the custom not to sit in the sukkah, one
should sit in the sukkah even against his
father’s will. However, this should not be
done without discussing it with one’s rav
beforehand. In any case, if one’s parent is
makpid, it is not in the spirit of Yom Tov for
the son to sit in the sukkah and the parent to
sit inside the house.
In-Laws
A complicated question can arise when one

has the custom to eat in the sukkah and his in-
laws do not. Some will not go to their in-laws

on Shemini Atzeres to avoid this. It seems
that if one does go he should not eat in the
sukkah, since it will cause friction and pain,
and one who is in pain does not have to sit in
the sukkah. Some mention in either case one
should continue his custom of sitting in the
sukkah and come in for zemiros or dessert.
Conclusion
Although the Gemara says that one should sit
in the sukkah on Shemini Atzeres we have a
number of reasons to be lenient. The custom
not to sit there actually dates back many
centuries and was not made up by chassidim,
and there are many sources for this practice: