Tosfos gittin 45:

Question:

Tosfos in Gittin 45: brings Rabeinu Tam that anything that one is obligated in can make e.g. tefillin and therefore tefillin made by a woman is invalid as she in not obligated in this mitzva. tosfos there asks on this that accordingly it should be that a woman who makes a sukkah the sukkah is invalid as she is not obligated in the mitzva of sukkah however we know from sukkah 8: that a sukkas ganbach (goyim, noshim etc.) is kosher.

However I’m not sure in Tosfos` question as the gemora there never says that the lady made the sukkah, really the gemora there was dealing with the fact that even a sukkah made not for the sake of sukkos but rather for the sake of shade is kosher nevertheless for example a sukkah made by goyim for their own benefit or a sukkah made for ladies (made by men) for the benefit of ladies to use for shade (see Rivav on the Rif who explains that women sow in the shade).

So because of this I’m not sure in Tosfos` question, really the gemora sukkah 8: is not a problem. a man made it for the sake of shade not sukkos and it is still kosher.

I will be grateful if you have an explanation.

Answer:

Hello,

See the Meiri, that the Gemora is referring to a Succah that was erected by women. (He doesn’t say it outright, however from the context of what he says it is clear that this is what he means). Therefore, although it may also include a succah made for women, it also includes if it was erected by them.

Best wishes

Sources:

בית הבחירה למאירי מסכת סוכה דף ח עמוד ב, "סוכת גנב"ך ר"ל של גוים שעשאוה בימות החמה להגין עליהם וכן סוכת נשים סוכת בהמות ר"ל העשויה לבהמות וכן סוכת כותיים שעשאוה להגין עליהם כשרה ובלבד שתהא מסוככת כהלכתה".