Pidyon Kaparot Now

Stumbling block in issue of “minhag”

Question:

Shalom,

A friend of mine wants to come to Israel from the US to visit for Sukkos. I’ll be IYH sleeping in a sukkah at the time, and my apartment will be available. My friend says he keeps minhagey Chabad, and therefore does not sleep in the Sukkah. Am I allowed to let him sleep in my apartment?

Thank you in advance

 

Answer:

You are allowed to let him sleep in the apartment. The first factor is because you are not providing him with a place to sleep outside of the succah that he wouldn’t have had otherwise. If you won’t let him sleep in your apartment, he will either find another place to sleep or he will simply stay at home. Secondly, Chabad don’t sleep in the succah not because or laziness but ideologically, therefore he specifically isn’t going to sleep there. Therefore, you are not causing him to sleep outside of the succah. The third factor is, that the person not sleeping in the succah is relying on the poskim who permit sleeping out of the succah. There is controversy if a person who holds that something is assur to do, is allowed to give that item to a person who has the minhag that it is permitted to do. Based on these three factors you may let him sleep in your apartment.

Best wishes

Sources:

Shach Y:D 151-6, Dagul Merivava on the Shach, Igros Moshe E:H 4-61(2), 87-1, Y:D 72.

Rema O:CH 639-2, Ritva Succah 10b, Shut Mabit 1-21, Kasav Sofer Y:D 77, Maharam Shick O:CH 134, Igros Moshe O:CH 1-186, Emes L’yackov, Y:D Siman 115 ftnt 45, Avnei Yoshpe 4-88 in the name of R’ Vozner zt”l, Tesuvos Vhanhagos 1-234, Lifnei Iver (Adler) 11-2.

Machmirim- riva 1-17, Shar Hamelech Eishus 9-16 Kovetz Teshuvos 3-31.

 

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