[Avodah] The sukkah on Shemini Atzeret controversy

[Micha Berger]

On Sun, Oct 16, 2011 at 03:36:32PM -0400, Prof. Levine wrote:
> From http://tinyurl.com/6dpqu3g

> Arguments about eating in the sukkah on Shemini Atzeret outside of  
> Israel have a long and somewhat baffling history.[1] While not the only 
> example of practice in opposition to the Shulchan Aruch, it appears to be 
> among the most argued. The gemara, Rambam, the Tur and the Shulchan 
> Aruch, written in many locales...

The gemara (Sukkah 46b-47a) actually records the makhlokes, and
it's quite involved. The question is why it's not put to rest by
the gemara's conclusion: "Vehilkhisa: yesuvei yasvinan, berukhi
lo mevarkhinan". Obviously the Rambam, Tur and SA thought so. (Even
though the Rambam would have to hold that a "vehilkhisa" is after R'
Ashi veRavina sof hora'ah.)

The Minchas Elazar has a interesting take, reading this line bebitmiyah:
"Could it possibly be the halakhah that we would have an obligation to
sit in the Sukkah if we cannot make the berakhah on that mitzvah?" IOW,
any argument against making leisheiv baSukkah on Shemini Atzeres would
have to rule out the mitzvah itself too!

Tir'u baTov!
-Micha

-- 
Micha Berger             "Someday I will do it." - is self-deceptive. 
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