If someone slept in a sukkah that had a gap in the middle of 3 tefachim of open space and where both sides had a proper shiur sukkah of 7 by 7 tefachim; however when the person slept in the sukkah, the majority of his body was not found in one sukkah. Meaning that his head and some part of his upper body was in one sukkah and the the space of air was over another part of his “upper body” then the rest of his lower body was in the other half of the sukkah. Would such a person by yotzee? Is this a “kosher” sukkah?

(Assume of course that each “half” of the sukkah has the proper amount of walls.)

Answer:

This is an interesting question, which I’ve seen asked elsewhere, but without a clear answer.

In spite of the air in the middle, the person in question is “in a Sukkah,” or more precisely in two Sukkos.

The Gemara writes, based on a Pasuk, that one must be in one Sukkah and not in a Sukkah under a Sukkah. However, it is possible that this is only a problem because the two layers of sechach are functioning together, and where this is not true (as in our case) there won’t be a pesul.

 

Yet, it is also possible that this case will also be included in the idea of one Sukkah and not two. I don’t have a clear source yet from which to answer the question.

Best wishes.

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