Question:
I have a kosher pop up sukka, the problem is my neighbors have large old trees that hang over into my yard. There is at least 15feet above the top of my sukka of open space. Is there a shiur for clear uninterrupted airspace above the sukka or it must mamash be under the sky? My neighbors will not trim the tree and I am not the owner of this property, I only rent here.
Thank you and a good kivtel
Answer:
Hello,
This is a problematic situation, as the succah must be under the sky. If the branches are only under part of the succah, and the branches are very thin without many leaves, part of the succah might be kosher, but a Rov would have to see it to determine this. If your neighbor won't cut the branches, maybe he'll let you cut them, or try finding a different place for the Succah.
Chag kasher v'sameach
Sources:
Orach Chaim 626-1