Sukkah, Daf Gimmel, Part 4

Introduction

In the previous section we saw a dispute concerning the minimum size of a sukkah. Rabbi Judah Hanasi held that it must be at least four cubits by four cubits. Today’s section explores other halakhot where we also see that the minimum measure must be four cubits square.

מאן תנא להא דתנו רבנן: בית שאין בו ארבע אמות על ארבע אמות, פטור מן המזוזה ומן המעקה, ואינו מטמא בנגעים, ואינו נחלט בבתי ערי חומה, ואין חוזרין עליו מעורכי המלחמה, ואין מערבין בו ואין משתתפין בו, ואין מניחין בו עירוב, ואין עושין אותו עיבור בין שתי עיירות ואין האחין והשותפין חולקין בו.

Who is the authority for that which our rabbis taught: "A house which is not four cubits square is (1) exempt from the obligations of mezuzah and parapet, (2) does not contract uncleanliness from scale disease, and (3) is not irredeemable among the dwelling houses of a walled city, (4) nor does one return on its account from preparing for war, (5) nor does it need to participate in an eruv or a shittuf, (6) nor does one place an eruv in it, (7) nor can one make of it an extension between two cities, (8) nor can brothers or partners divide it ?

This baraita lists halakhot that are not applicable to houses that are smaller than four by four cubits. In essence, the baraita is saying that a house smaller than this size does not count as a house, at least not for matters which the Torah applies only to a house.

1: Mezuzah I’m assuming you know what this one is.

2: Parapet The Torah requires a person to place a parapet, a fence, around his flat roof so that people don’t fall off the roof (Deuteronomy 22:8).

3: Houses are susceptible to some form of scale disease. This is discussed in Leviticus 14:33-53 and in tractate Negaim.

4: According to biblical law if one sells a house in a walled city in the land of Israel he has only one year to redeem the house from the purchaser (Leviticus 25:29-34). Our baraita teaches that if the house is smaller than 4 cubits square, this special law does not apply. It may be redeemed any time. If it is not redeemed before the Jubilee if reverts to its original owner.

5: According to Deuteronomy 20:5, when preparing for war, anyone who has begun to build a house but has not yet lived there is exempt from war. Our baraita teaches that to be exempt from war the house must be at least 4 cubits square.

6: An eruv is a shared meal that allows people who share a courtyard to carry from their homes into the courtyard. A "shittuf" accomplishes the same thing for an alleyway. All people who own a home adjacent to the courtyard or alley jointly buy a meal and then can carry from one place to the other. If the house is smaller than 4 x 4 cubits then they don’t need to share in the costs of the eruv, nor can the eruv be placed in that house.

7: A person can’t go out on Shabbat more than 2000 cubits from his city. Two cities that are more than 141 1/3 cubits from each other are considered two separate cities. But if there is a house that is in between them and is less than 70 2/3 cubits from each city, it joins the two together such that the entire area is considered one city. In this case a person could go 2000 cubits on Shabbat even beyond the other city. But the house must be 4 x 4 cubits.

The same rule would apply if there was a house within 70 2/3 cubits of a city. Such a house would extend the city limits such that one could go on Shabbat 2000 cubits outside of the house.

8: Finally, if brothers inherit a house one brother can force the other to divide it. However, if the house is smaller than 4 x 4 cubits, they cannot do so.

לימא רבי היא ולא רבנן? – אפילו תימא רבנן. עד כאן לא קאמרי רבנן התם אלא לענין סוכה, דדירת עראי היא. אבל לגבי בית, דדירת קבע הוא – אפילו רבנן מודו, דאי אית ביה ארבע אמות על ארבע אמות – דיירי ביה אינשי, ואי לא – לא דיירי ביה אינשי.

Shall we say that it agrees with Rabbi, and not with the [other] rabbis?

No! One can even say that it agrees with the [other] rabbis.

The rabbis say it only with regard to a sukkah which is a temporary abode, but with regard to a house which is a permanent abode, even the rabbis admit that if it has an area of four cubits square, people dwell in it, otherwise, they do not dwell in it.

The Talmud proposes that the above baraita would accord only with Rabbi Judah Hanasi who held that a sukkah must be 4 x 4 cubits. The other rabbis would say that even if the house can only hold his head, most of his body and his table, it would count as a house.

The Talmud then rejects this. A sukkah, according to the rabbis, can be very small, because it is only a temporary abode. But for a structure to be considered a real house, they agree that it must be at least 4 x 4 cubits. We should note that this is still pretty small about 4 square meters, about 36 square feet. Not exactly Versailles!