MISC section - contents: [1] From the virtual desk of the OU VEBBE REBBE Q: I have been placing my sukka on my balcony for years. A neighbor's tree has been encroaching on the air space. I have trimmed branches in the past but now the branches very high overhead densely cover major parts with wide leaves. Do high branches ruin the sukka's kashrut? If so, do I have the right to make him cut down the significant section of the tree that causes the problem, and, if so, who pays for it? A: This issue was addressed at length in an article by our esteemed colleague, Rabbi Yona Reiss, a dayan and director of the Beth Din of America. We will summarize (with his permission) those of his conclusions that impact our case. We discussed in the past (Ask the Rabbi, Sukkot 5765) some of the intricacies of the circumstances under which foliage over a sukka renders it invalid. To oversimplify, if the sukka is mainly covered by leaves so that there is more shade than light going through, it invalidates the sukka (see Shulchan Aruch, Orach Chayim 626: 1) even if the foliage is more than 20 amot above the sukka (Mikra'ei Kodesh, Sukkot 15.3). Inquire if you are unsure if your sukka is disqualified. We now move to issues of nizkei shecheinim (damages caused by neighbors). The Shulchan Aruch (Choshen Mishpat 155:26) rules that if Reuven's tree extends over Shimon's property, Shimon may cut off the part that disturbs use of his own property. When it does not cause clear damage, we apply the rule that the land was distributed so that people would allow each other to benefit from each other's property when appropriate (Bava Batra 27b). Along similar lines, the person who may be damaged indirectly by his neighbor's activity in his own property should be the one to take precautions to avoid the damage (see ibid. 25b). Who has to toil and/or pay to cut off the branches? When one acts in a manner that does not cause damage at the time of his action but the damage develops over time, it is up to the person who is being damaged to distance himself (see Shulchan Aruch and Rama, ibid.:31). We do not find precedent to make the damager pay when he initially acted properly (e.g., when planting the tree in his own area) and the damage arose indirectly. When describing the right to cut down the bothersome branches, the Rambam (Shecheinim 10:8) and Shulchan Aruch mention the damaged person as the one who cuts it down, presumably because this is his responsibility. When the tree grows such that it causes severe damage, we find poskim who say that the tree's owner has to remove the branches at his own expense (Shut Hon Rav (CM 8)). However, not only is this opinion apparently not unanimous, it likely applies only when it was quite clear at the time of his action that a serious problem would arise. In contrast, in our case, it was not necessarily clear at the time the tree was planted that it would grow in a manner that would invalidate a neighbor's sukka. Therefore, it is not possible to require the owner of the tree to pay money or to do the cutting himself. On the other hand, you are not required to pay for any damage to the tree that may occur if you responsibly cut down as much as is needed (see Shulchan Aruch, ibid.:30). In summary, halacha allows you to cut down the part of the tree that is causing the problem and no money needs to be paid to you for your work or by you for possible damage to the tree. An important piece of advice is that you try to work everything out through mutual agreement and compromise in advance. Make sure that your sukka remains a sukkat shalom. Ask the Rabbi Q&A is part of Hemdat Yamim, the weekly parsha sheet published by Eretz Hemdah. You can read this section or the entire Hemdat Yamim at www.ou.org or www.eretzhemdah.org. And/or you can receive Hemdat Yamim by email weekly, by sending an email to info@eretzhemdah.org with the message: Subscribe/English (for the English version) or Subscribe/Hebrew (for the hebrew version). Please leave the subject blank. Ask the Vebbe Rebbe is partially funded by the Jewish Agency for Israel [2] Candle by Day [3] CHIZUK and IDUD (for Olim & not-yet-Olim respectively) How can it be that the Jewish people hadn't kept the mitzva of sukka for over 900 years? This can be understood by the explanation for the mitzva given by Rabbi Abuhav (Menorat Hamaor 3,4,1). He explains that the idea of a sukka is that a person should leave the security of his home in order to place himself in the hands of God for protection against the elements. The common denominator between the generation of Yehoshua and Ezra is that these were both generations of Aliya. These are the two generations in history that were willing to sacrifice their previously sheltered environment and make Aliya. And, therefore, it was these two generations who were able to appreciate the mitzva of sukka like no one else. Our generation is the third generation in history that has left the exile in order to put our lives in the hands of God here in Israel. So we too can appreciate with "extremely great rejoicing" the mitzva of sukka in our day in its revival after nearly two thousand years. As a result, may we speedily witness God's return to His sukka - the majestic Sukka of Jerusalem , as it says: "In Shalem is His Tabernacle and His dwelling place is in Zion ." TORAH THOUGHTS as contributed by Aloh Naaleh members for publication in the Orthodox Union's 'Torah Insights', a weekly Torah publication on Parshat HaShavu’a [4] Wisdom & Wit To answer this, he quoted a halacha: if a person has a field which has no fence around it and his neighbor puts up a fence around three sides of the field, the owner of the field does not have to pay for the fencing, as his field is still unprotected on the fourth side. However, if the owner of the field then adds fencing on the last side, the owner of the field must share the cost of the other three sides, for now the fencing serves a purpose. "The same thing applies to our lives", the Gaon concluded. "It is true that we are created and we are born and we live against our wills, but when it comes to dying, none of us wants to die. By the fact that we want to live we indicate that we indeed wanted to be created, to be born, and to live, and therefore we are held accountable for our lives." Shmuel Himelstein has written a wonderful series for ArtScroll: Words of Wisdom, Words of Wit; A Touch of Wisdom, A Touch of Wit; and "Wisdom and Wit" — available at your local Jewish bookstore (or should be). [5] Portion for the Portion by Rakel Berenbaum - FEEDback to berenbau@actcom.net.il Simchat Torah There is also the custom of throwing sweet foods at the person who gets the last Aliya in the Torah and at the one who has the Aliya starting the new cycle of Torah readings. These people are called (Chatan Torah) the "groom of the Torah" and (Chatan B'reishit) the "groom of B'reishit". In calling them bridegrooms, we point to the fact that we have a love for the Torah like a groom has for his bride. The same way we throw candies at a groom when he is called up to the Torah, we throw candies at these two grooms. In some communities it was the women who just recently got married - all the new kalot, brides - who would throw the candies at the two grooms of Simchat Torah. CANDIED APPLES Cook over low heat, stirring constantly. Continue cooking without stirring until syrup forms a hard ball when a bit is dropped into cold water. Remove saucepan from stove and place in a pan of very hot water. Wash apples and dry thoroughly. Remove stems. Insert wooden skewers into stem end of each apple. Dip apples in hot candy immediately after removing it from heat. Let harden and cool. Makes 6 candied apples. [6] From the desk of the director Rambam suggests that the Arbaa Minim memorialize the historical process of the Exodus and the climactic entry in to Eretz Yisrael. For, in essence, the Four Species were characteristic of those seen on the way: palms in the desert, willows on the banks of the River Jordan, trees dense with foliage in the hilly forest thickets and fruit of the goodly tree in the orchards. The botanical characteristics of these plants contribute to a deeper under- standing, related to the agricultural harvest and the prayers for rain and prosperity. The example, par excellence, is the Etrog. For unlike other fruits, its stigma (Pit'om) stays on after it has ripened and the tree gives fruit several times a year. The willow (Arava) with its dependence on water contrasts heavily with the myrtle (Hadas) which can survive days without water. No wonder, then, that we use the Arava for the Hoshana ceremony in which we call out to Hashem to save us. Lastly comes the Lulav, the spear-looking symbol of victory (cf. Maccabees 1, 13:51; Vayikra Rabba 30) that portends well for the future sustenance of the Jewish people. Now we might better appreciate the significance of saying our prayers as all four symbols combine in our hands! Shabbat Shalom and Chag Sameach, Menachem Persoff [The Sukkot Homepage]
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