Making a Pergola Fit for Use as a Sukkah
Question
Hello, Rabbi
I have a balcony covered by a pergola made of thin slats which, in and of itself, is valid for s’chach. Above the small boards there is an opaque plastic covering against rain, and it also helps block the sun.
We do not sleep in the pergola, but we sometimes eat there, and every Shabbat we regularly pray there with a minyan. Is it enough to move part of the s’chach, or is it necessary to move all of the s’chach?
Answer
Shalom u’vrachah.
This is not considered a dwelling used throughout the year.
Therefore, it is enough to move a section of the s’chach measuring a square tefach by a tefach, or one reed along the entire length of the sukkah.
Source
In the Shulchan Aruch (Orach Chaim, siman 636, se’if 1), it is written that regarding an old sukkah, one must renew something in it: either a square tefach by a tefach, or one reed across its entirety.
However, there in the Shulchan Aruch (se’if 2) it is explained that if one lives there all year, the sukkah is invalid.
The Mishnah Berurah (se’if katan 9) writes that in such a case, renewing something in it will not help, since he lives there all year as in a house.
The Avnei Nezer (Orach Chaim, siman 474, letter 2) writes that this applies specifically when, throughout the year, one used it as a “house,” but if one used it only temporarily, renewing something in it is effective.
Since this balcony is not used as a house, but rather they sometimes eat there and sometimes pray there, it is sufficient to renew something in it, as in se’if 1.
