Shalom,what is the halacha on yomtov succot if one discovers-that the schach is not within the required proximity distance to the wall,can one ask a goy to move the schach to within the required distance

the scenario is that when the succah was made it was made lasheim mitzvah succah ? Toda rabah,please give references if possible

Answer:

A non Jew may be used to replace the Schach in it’s proper place. Ideally he should be hinted to so that he does it on his own, and not directly commanded to fix the Sukka.

Sources:

See Shulchan Aruch O:C 635, that a sukkah made by a non Jew is fit for use on Sukkot, see also Shu”t Chelkat Yaakov [tinyana, siman 4].

There is however a question of Amira Lakum, commanding a non Jew to do prohibited work on Shabbos or Yom Tov. The MIshna Brura in 625:20 brings the stringent opinion of the Pri Megadim with regards to commanding a non Jew to build the Sukka on Yom Tov. However in 637:1 he brings the lenient opinion on this matter. Some suggest when the sukka was built properly and became unfit on sukkot the Mishna Brura is lenient. In order to avoid this issue one should ideally use “remiza” hinting to the non Jew so that he does the fixing on his own.

 

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