Shulchan Arukh Orach Chayim · Siman 626

Shulchan Arukh Orach Chayim 626 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1One who makes a Sukkah underneath a tree or under a roof, containing 3 Seifim: [No Sukkah can be made under a house or a tree]. One who makes his Sukkah underneath a tree - there are those who say that if the tree's shade is greater than the sunlit area, the Sukkah is completely invalid, even if the Sukkah is shaded more so than sunlit. However, if the tree's sunlit area is greater than its shade - if the Sukkah's shade is greater than its sunlit area without a tree, it is Kosher even if the branches were not lowered to mix with the schach of the Sukkah. However, if the Sukkah is not shaded more so than sunlit because of the tree, it is necessary to lower the branches and mix the with the Shach in such a way that they are not recognizable and the Schach is the majority and nullifies it. And there are those who say that even if the Sukkah's shade is greater than its sunlit area without the tree, and the tree's sunlit area is greater than its shaded area, if the branches of the tree are aimed or directed to the kosher Shach, it is pasul (invalid), whether the tree was there first or the Sukkah was there first, when the branches of the tree are directed toward the kosher Schach. Rema: However, if the branches were lowered down and mixed with the Schach so that it is not noticeable, it is batul and the Sukkah is Kosher (the Rosh and the R"an). Similarly, if the kosher Schach rests on the invalid Schach, it is accidentally mixed and therefore kosher (Mordechai) However, if the branches are towards the air between the Schach, it is Kosher or if the Schach is the majority such that even if it is removed from the tree it retains its measure (Tur) It is Kosher inasmuch that the valid shade is greater than the sunlit areas so that even if the tree is removed there is enough valid Schach to make it kosher. In any event it does not matter whether the tree existed first or the Sukkah existed first; there is one law for both of them.
2. 2If one desires to cut off [the branches of] a tree [that had been placed on a sukkah] to make them valid for s’chach, he must remove each branch by itself, set it down, and then go back and remove the next one and set it down. And if he does not do this, it is invalid because of [the principle of] 'You shall make, but not from that which is made'. Rema: However, it is permitted to make a sukkah under something that is joined or a house and to remove it afterwards. This is not called 'You shall make, but not from that which is made', and the s’chach itself is not invalid (Kol Bo; Ha'gahot Ashiri)
3. 3One who makes a sukkah in a house below a roof from which the shingles were removed even if the wood or the beams on which the shingles rest remain, it is valid. Rema: It is also permitted to make a sukkah under the rooves that are made to open and close; and it is permitted to close them due to the rain and then return and open them (Maharil). Even on Yom Tov is is permitted to close and open it (Aggudah d'Yoma; Mahariv). If they have hinges that open and close this does not involve the forbidden [labors] of demolishing or building. One may build a tent on Yom Tov and it does not violate 'You shall make, but not from that which is made'. One must be careful to not sit under it when it is closed, for then it is an invalid sukkah

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